Understanding Florida’s ‘Serious Injury’ Threshold After a Car Crash in Clearwater

In Florida, injuries meet the serious injury threshold if they’re permanent or lead to the loss of a bodily function or significant scarring or disfigurement. The threshold is important because it gives you the right to file a lawsuit and seek compensation beyond the no-fault insurance limits. Therefore, before filing a lawsuit against the other driver after a car crash in Clearwater, take the time to understand Florida’s ‘serious injury’ threshold.

If you or a loved one was injured in a car accident, the Clearwater car accident lawyers at Light & Wyatt Law Group are available to help you understand your legal options and guide you on the next steps to take. Call 727-499-9900 for a free consultation.

What Qualifies as a “Serious Injury” Under Florida Law?

Before you start thinking about how to sue after a car accident, you should ensure you’ve understood the Florida serious injury threshold, as it affects your car accident lawsuit eligibility. Under Florida law, a serious injury is one that meets one or more of the criteria below:

Loss of an Essential Body Function

The first threshold refers to an injury that causes the permanent loss of a critical bodily function or a disability. For example, a spinal injury that leads to the loss of mobility or an injury that causes the permanent loss of hearing or blindness would be considered a serious injury under this category. Injuries that result in the lifelong need to use special medical equipment, the need for assistance with daily tasks, or impair your work ability may also be considered serious injuries.

Permanent Injury

An injury that a medical professional defines as permanent would qualify as a serious injury. Severe nerve damage and traumatic brain injuries are some examples of permanent injuries. Such injuries may require ongoing medical care but are unlikely to heal fully.

Significant Scarring or Disfigurement

Injuries that cause noticeable and lasting changes to your appearance may be considered serious injuries under this criterion. These may include scars and deformities like severe burns, marks from cuts, wounds, and surgeries, facial disfigurement, and amputations.

Death

According to the Florida Department of Highway Safety and Motor Vehicles, 3,184 people were killed in motor vehicle accidents in the state in 2024. In case of a fatal accident, the surviving family members can pursue a wrongful death lawsuit. They can recover compensation for damages like medical expenses, loss of financial support, funeral expenses, and emotional suffering caused by their loved one’s death.

Why the Serious Injury Threshold Matters for Filing a Lawsuit

Florida follows the no-fault car insurance system. As a result, you must first turn to your Personal Injury Protection (PIP) insurance after a crash, even if it was the other driver’s fault. Florida law requires all drivers to carry a minimum of $10,000 of PIP coverage. PIP only covers medical costs and lost wages. In many cases, serious injuries aren’t adequately compensated by PIP coverage. Medical expenses and lost wages can easily exceed the policy limits, leaving you struggling to cover your expenses and losses.

When you meet the serious injury threshold, you can step outside the no-fault system and pursue a personal injury lawsuit against the at-fault party for additional damages. The serious injury threshold may qualify you for higher compensation. PIP doesn’t offer compensation for pain and suffering. However, when you file a lawsuit, you can seek full compensation for pain and suffering as well as other damages like medical expenses, long-term care, lost wages, and future earning capacity losses. In cases involving extreme negligence, the court may award punitive damages. Car accident lawyers can help you calculate the full extent of your damages.

How a Florida Car Accident Lawyer Can Help Prove Serious Injury in Clearwater

While meeting Florida’s ‘serious injury’ threshold allows you to seek additional compensation beyond what your PIP insurance covers, you’ll still have to prove that your condition meets the threshold to be entitled to full compensation. You’ll need solid evidence to win the case or a favorable settlement.

Without strong evidence, you’ll struggle to establish the seriousness of your injuries. Insurance companies often try to deny or downplay serious injury claims. They may argue your injury isn’t permanent or hasn’t impacted your life significantly, or claim the injury was preexisting. Courts may dismiss your case if you lack sufficient evidence. These underscore the importance of hiring a Clearwater car accident attorney after a crash. An attorney will conduct detailed investigations, work with other professionals, and gather supporting evidence.

Medical records are the cornerstone of your serious injury claim. You must have medical evidence that links your injuries to the accident and shows their severity. Your Florida car accident lawyer will gather medical evidence that supports your claim, including imaging tests, treatment plans, rehabilitation records, and statements from medical professionals confirming the extent and permanence of your injuries. Your lawyer will ensure all your records reflect the severity of your injuries accurately.

Your car accident lawyer may also assemble a team of experts, such as accident reconstruction specialists and medical experts, to strengthen your case. Expert opinions will affirm the seriousness and long-term impact of your injuries. The experts can testify on your behalf during trial. Your lawyer will use the testimony of your friends, colleagues, and family members to show how your life has changed after the crash.

Other supporting evidence your lawyer may gather includes accident reports and photographs and videos of the accident, injuries, your recovery, and modifications you may have made to your vehicle or home. Your lawyer will know how car accident settlements are calculated and protect you from the unfair tactics insurers use to dispute claims and minimize payouts.

Evidence should be gathered as soon as possible before it’s altered or lost. Therefore, don’t delay consulting a car accident lawyer. The Clearwater car accident lawyers at Light & Wyatt Law Group have built a reputation for achieving successful case outcomes even in complicated cases. Contact us today for a free consultation so we can start working on your case right away.

Jim Magazine

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association