What Is Considered a Serious Injury Under Florida Law?
Introduction
Not all injuries qualify for legal compensation under Florida law. In personal injury cases, the severity of an injury often determines whether a victim can file a lawsuit and how much compensation they may receive. This is especially important in car accident cases, where Florida’s no-fault insurance system limits lawsuits to serious injuries.
This guide explains what qualifies as a serious injury under Florida law, how it affects personal injury claims, and what legal options may be available for injured individuals.
How Florida Defines a Serious Injury
In personal injury cases, a serious injury is typically one that has a significant impact on the victim’s health, daily life, or ability to work. While different legal contexts may define serious injury differently, Florida’s definition is particularly important in car accident cases due to the state’s no-fault insurance laws.
Under Florida Statutes § 627.737, an injury is considered serious if it meets one or more of the following criteria:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If an injury meets one of these definitions, the victim may step outside Florida’s no-fault insurance system and file a lawsuit against the at-fault party.
Examples of Serious Injuries in Personal Injury Cases
Some common examples of injuries that may be considered serious under Florida law include:
Traumatic Brain Injuries (TBIs)
- Concussions and severe head trauma
- Memory loss, cognitive impairment, or loss of motor function
- Long-term neurological damage
Spinal Cord Injuries and Paralysis
- Partial or total paralysis (paraplegia, quadriplegia)
- Loss of motor control or chronic pain
- Limited mobility requiring long-term care
Broken Bones and Fractures
- Multiple fractures requiring surgery
- Permanent disability or disfigurement
- Bone injuries leading to mobility restrictions
Severe Burns and Scarring
- Third-degree burns requiring skin grafts
- Permanent scarring or disfigurement
- Loss of function in affected areas
Loss of Limb or Amputation
- Partial or full loss of a hand, arm, foot, or leg
- Significant impairment in daily life or work ability
Internal Organ Damage
- Lung, liver, kidney, or heart damage
- Internal bleeding requiring emergency surgery
- Organ failure leading to long-term health complications
Permanent Disfigurement or Disability
- Facial injuries that alter appearance
- Loss of vision or hearing
- Chronic pain that significantly reduces quality of life
These types of injuries not only affect physical health but also emotional and financial well-being, often requiring lifelong medical care.
How Serious Injuries Affect Car Accident Claims
Florida follows a no-fault car insurance system, meaning that after an accident, drivers must first file a claim with their own Personal Injury Protection (PIP) insurance, regardless of who was at fault.
However, PIP only covers:
- Up to $10,000 in medical expenses
- 60% of lost wages
PIP does not cover pain and suffering, and in many cases, it is insufficient to cover serious injuries.
If an injury meets the serious injury threshold, the victim can:
- File a personal injury lawsuit against the at-fault driver
- Seek full compensation for medical expenses, lost wages, pain and suffering, and long-term care
For other personal injury cases, such as slip and fall accidents or medical malpractice, proving a serious injury can increase the amount of compensation awarded.
What Compensation Can Serious Injury Victims Recover?
Victims of serious injuries may be entitled to significant compensation, including:
- Medical expenses (emergency treatment, surgeries, rehabilitation)
- Lost wages and future earning capacity
- Pain and suffering (physical pain, emotional distress)
- Permanent disability or disfigurement
- Home modifications or long-term care needs
In cases of extreme negligence, the court may also award punitive damages to punish the at-fault party.
How to Prove a Serious Injury in Court
To qualify for full compensation, the victim must provide medical evidence proving the severity of the injury. Strong evidence includes:
- Medical records showing treatment and long-term effects
- Statements from doctors or medical experts confirming permanent damage
- Photographs of injuries before and after treatment
- Testimony from family, friends, or coworkers about the impact on daily life
- Employment records showing lost income and inability to work
Without clear medical documentation, insurance companies may argue that the injury is not severe enough to justify additional compensation.
When to Hire a Personal Injury Attorney
Serious injury cases are complex, and insurance companies often try to downplay injuries or deny claims. An experienced personal injury attorney can:
- Evaluate whether the injury meets Florida’s serious injury threshold
- Gather medical and financial evidence to support the claim
- Negotiate with insurance companies for maximum compensation
- File a lawsuit if necessary to hold the responsible party accountable
At Bonderud Law, we have extensive experience handling serious injury claims. If you or a loved one has suffered a life-altering injury, contact us today for a free consultation.
Conclusion
Under Florida law, a serious injury is one that results in permanent damage, disability, or disfigurement. This classification is important because it allows victims to seek compensation beyond no-fault insurance limits.
If you have suffered a serious injury in a car accident, slip and fall, or other incident, taking legal action as soon as possible can help protect your rights and ensure you receive the compensation you deserve.
