Car accidents are common in Florida. Cities like Bradenton are experiencing heavy traffic, and crashes happen daily. These accidents often lead to severe injuries, costly medical bills, and lost wages. However, Florida’s no-fault insurance system affects how accident victims can seek compensation.
If you are injured in a crash, a Bradenton personal injury lawyer can help you understand your rights and recover the compensation you deserve.
Florida’s No-Fault Insurance System
Florida follows a no-fault insurance system, meaning that after an accident, each driver’s own insurance pays for their medical expenses, regardless of who was at fault. Every Florida driver must carry Personal Injury Protection (PIP) insurance, which provides up to $10,000 for medical expenses and lost wages. However, PIP has limitations:
- It only covers 80% of medical expenses.
- It only covers 60% of lost wages.
- It does not cover pain and suffering.
This system limits the ability of accident victims to sue for compensation, except in cases of serious or permanent injuries. If injuries meet Florida’s threshold, victims can step outside the no-fault system and file a lawsuit against the at-fault driver.
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According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 397,000 crashes in Florida in 2023, leading to over 252,000 injuries. Many of these accidents resulted in severe injuries that exceeded PIP coverage, forcing victims to seek additional compensation through lawsuits.
Types of Losses You Can Recover After an Accident
When you are involved in an accident, you may suffer different types of losses, also known as damages. These fall into economic and non-economic damages.
Medical Expenses
Medical bills can be overwhelming after an accident. You may need to pay for:
- Emergency room visits
- Hospital stays
- Surgeries
- Physical therapy
- Prescription medications
- Follow-up doctor visits
While PIP covers up to $10,000, severe injuries can lead to much higher expenses. If your medical costs exceed PIP limits, you can sue the at-fault driver for additional compensation.
Lost Wages
If your injuries prevent you from working, you may lose income. PIP only covers 60% of lost wages, which may not be enough. For severe injuries that cause permanent disability, compensation for lost earning potential can be significant. You can claim:
- Wages lost while recovering
- Future lost income if your injuries prevent you from working long-term
- Loss of earning capacity if you can no longer perform the same job
Property Damage
Car accidents often result in serious vehicle damage. Unlike medical expenses, property damage is not covered by PIP. Instead, the at-fault driver’s Property Damage Liability (PDL) insurance covers vehicle repairs. Florida law requires drivers to carry at least $10,000 in PDL coverage, but this may not be enough if your car is heavily damaged or totaled.
Pain and Suffering
Not all damages are financial. Some injuries cause long-term pain and emotional distress. Pain and suffering damages are only available if your injuries are severe or permanent. Since PIP does not cover these losses, victims must file a lawsuit against the at-fault driver to seek this type of compensation. Compensation for pain and suffering includes:
- Chronic pain
- Emotional distress
- Anxiety and depression
- Loss of enjoyment of life
Emotional Distress
Car accidents can be traumatic, leading to conditions like post-traumatic stress disorder (PTSD), anxiety, and depression. To claim emotional distress, medical records from a psychologist or therapist may be required. Emotional distress damages cover:
- Fear of driving
- Nightmares or flashbacks
- Sleep disturbances
- Mood swings
Loss of Consortium
If an accident causes severe injuries or permanent disability, it can impact relationships with loved ones. These claims are usually filed by the injured person’s spouse or close family members. Loss of consortium refers to the loss of:
- Companionship
- Emotional support
- Affection or intimacy
Conclusion
After an accident in Florida, victims can recover compensation for medical bills, lost wages, property damage, and emotional suffering. However, the state’s no-fault insurance system limits what PIP covers, making it essential to understand your rights. If your injuries are severe, you can step outside the no-fault system and sue the at-fault driver for full compensation. A Bradenton personal injury lawyer can help you navigate Florida’s complex insurance laws and fight for the compensation you deserve.
