What Is Florida’s ‘Serious Injury’ Threshold?
Under Florida law, an injured victim can bring a personal injury lawsuit if they were hurt due to someone else’s negligence. However, there is a threshold that must be met before a claim can be brought called the “serious injury” threshold. This threshold sets out what types of injuries may be considered “serious” and are eligible for compensation. Understanding this threshold is important for potential plaintiffs in order to know whether or not their injury meets the requirements for a successful personal injury claim.
If you were injured in an accident caused by someone else’s negligence, contact our Boca Raton personal injury lawyers at Leifer & Ramirez for help. With three offices – in Boca Raton, West Palm Beach, and Fort Lauderdale – we represent injured victims throughout the state of Florida.
Our lawyers can assess your situation and help you understand if your injuries meet Florida’s “serious injury” threshold to bring a personal injury lawsuit. Schedule a free case evaluation today to discuss your unique case.
What Is the Serious Injury Threshold in Florida?
The serious injury threshold can vary from state to state, but in general, it sets out what types of injuries are considered “serious” enough for a personal injury lawsuit to proceed. The purpose behind this threshold is to ensure that only those who have suffered true harm as a result of someone else’s negligence are able to pursue legal action. In Florida, this threshold requires that an injured party has suffered some type of permanent disability or disfigurement.
Types of Injuries That Qualify as ‘Serious’ Under Florida Law
In order to qualify as “serious,” an injury must meet certain criteria under Florida Statutes § 627.737. These include physical or mental impairments that:
- (1) significantly limit the plaintiff’s ability to perform their daily activities;
- (2) causes severe pain or suffering;
- (3) requires hospitalization or ongoing medical treatment;
- (4) causes permanent scarring or disfigurement; and/or
- (5) results in death.
Examples of such injuries include broken bones, traumatic brain damage, spinal cord injuries, and other serious medical conditions.
How an Attorney Can Help You Prove That Your Injury Is Serious
When it comes to filing a personal injury suit in Florida, understanding the state’s serious injury threshold is essential for potential plaintiffs in order for their case to proceed successfully. In general terms, this threshold requires that an injured party has suffered some type of permanent disability or disfigurement due to someone else’s negligence—such as broken bones, traumatic brain damage, spinal cord injuries, and more—in order for them to be eligible for compensation. Knowing whether your injury meets these criteria can help you determine how best to proceed with your case going forward.
Discuss Your Case With a Lawyer During a Free Consultation
Filing a personal injury lawsuit can be a confusing and overwhelming experience, especially if you do not know whether or not you have the right to sue the negligent party. If you are concerned that your injuries may not be “serious” enough to meet the threshold, speak with our lawyers at Leifer & Ramirez. We can help you understand your legal options and gather all available evidence proving that your injuries are serious. Call 561-660-9421 for a free case evaluation.