States like Florida that use no fault insurance law often present a dilemma for injured accident victims when it is time to collect financial compensation for damages. Florida state law requires all drivers to carry no fault personal injury protection on themselves that is applied initially in the event of an accident that results in medical treatment for injuries. The first medical bills are the responsibility of the injured driver’s personal insurance provider up to the maximum amount payable by the policy.
The primary problem with this legal requirement is that the minimum amounts required are very low and do not cover entire compensation for medical bills and lost wages, as they are based on a percentage. This means that drivers who carry only state minimum insurance can use the entire amount quickly with even a minor accident. And, the problems can become compounded again when restrictions are placed on the ability to sue another at-fault driver, even with an experienced West Palm Beach accident attorney.
Pursuing Additional Damages
While Florida state law does allow for lawsuits against negligent drivers, there are specific restrictions that can give the state the power to dismiss a filing. For individuals who suffer relatively minor injuries and rehabilitation is short-term, the chances of being allowed to pursue additional damages against a negligent driver are usually slim. The law states that only “catastrophic” or long-term injuries can be the basis for additional civil tort pursuit, which is a very general term that gives the court significant latitude. Examples of types of injuries that are allowable for additional damages are:
- Back and Spine Injuries
- Neck Injuries
- Traumatic Brain Injuries
- Broken Bones
- Scars and Disfigurement
All automobiles accidents in Florida can potentially present legal collection problems for injured victims without solid representation. If you have been in an accident, you should contact a West Palm Beach personal injury attorney who will fight diligently for your rights to injury compensation recovery. Who you call matters greatly. That is why it is always a good idea to call Smith & Vanture for full financial compensation following a Florida auto accident.