After a car accident or other serious incident, insurance companies and lawyers often use the term “bodily injury.” Most people assume the phrase simply means being hurt, but that term has a specific meaning when it comes to the legal system. Under Florida law, however, bodily injury has a more specific meaning. The definition affects who pays for medical treatment, what damages may be available, and whether an injured person can file a lawsuit.
In Florida, bodily injury generally refers to physical harm to a person caused by another party’s negligence or wrongful conduct. The term commonly appears in automobile insurance policies, Personal Injury lawsuits, and settlement negotiations.
In general, a bodily injury is any kind of physical harm to the body, including pain, disability, or even death. Some of the most common examples of bodily injuries include the following:
Florida insurance companies usually distinguish bodily injury from property damage in an accident claim. A property damage claim includes things like motor vehicle repairs or the replacement of destroyed items like eyeglasses or phones.
Florida uses a no-fault insurance system for most car accidents. Drivers usually first turn to their own Personal Injury Protection (PIP) coverage after a crash, regardless of who caused the collision.
Florida drivers must carry at least $10,000 in Personal Injury Protection coverage. PIP pays a portion of medical expenses and lost income after an accident. However, this coverage does not fully compensate an injured person for every loss.
PIP coverage also has limits. It generally pays only 80 percent of necessary medical expenses and 60 percent of lost wages up to the policy limit. Serious injuries often create medical bills far beyond available PIP coverage. Because of these limitations, bodily injury claims become important after severe accidents.
Florida does not require most drivers to carry bodily injury liability insurance. Many people find this surprising, as most states have this requirement. The reality is that a driver can legally operate a vehicle in Florida without carrying coverage that pays for injuries he or she causes to another person in a crash. This is due to the requirement that all motorists have some form of PIP coverage in case of an accident.
Florida law limits lawsuits after minor vehicle accidents because of the no-fault system. That said, there are some scenarios where a person can file a personal injury lawsuit after a car crash. This is generally done by proving that you have exceeded Florida’s serious injury threshold. This can be done by showing that you’ve had
A bodily injury claim may include both financial and non-financial damages. Florida law allows injured people to pursue compensation connected to the harm caused by the accident. This could include the following:
At Rue & Ziffra, our attorneys understand how impactful a serious injury can be. If you’re recovering after an accident that wasn’t your fault, we can help you pursue the compensation you deserve. Our firm is committed to serving the community and believes you deserve an advocate who is ready to fight for you.
Curious how we can help? Ask a client, you’ll become one. Call today for a confidential consultation.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
N/a
