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In Florida, car accident victims who suffer broken bones can file personal injury claims in cases, if the injury is significant and permanent. The key question is whether a victim’s fracture qualifies as a “significant” or “permanent” injury under Florida’s no-fault auto insurance law. If you suffered a broken bone in a car accident, an experienced Fort Myers personal injury attorney can assess your legal rights and then file a personal injury claim on your behalf, if warranted.

When you get injured in a car accident in Florida, your legal rights depend on several factors. One of these factors is the severity of your injuries. While all injured car accident victims have the right to file a personal injury protection (PIP) claim (assuming coverage is available), whether car accident victims can file a personal injury claim depends on whether they suffered a “significant” or “permanent” injury in the collision.

This is due to Florida’s “serious injury” or “tort” threshold. Under  Florida law, car accident victims can file personal injury claims when their injuries fall into one of three categories:

• “Significant and permanent loss of an important bodily function;”
• “Permanent injury within a reasonable degree of medical probability;” or,
• “Significant and permanent scarring or disfigurement.”

So, what does this mean for car accident victims who have suffered broken bones? A knowledgeable Fort Myers personal injury attorney with Spivey Law Firm, Personal Injury Attorneys, P.A. explains. In Florida, you can file a claim against the at-fault driver if:

• Your injuries are permanent
• You suffer permanent disfigurement or scarring
• You suffer a significant and permanent loss of a crucial bodily function or
• A loved one dies in the accident

Broken Bones Will Qualify as “Significant” or “Permanent” Injuries in Many Cases

Broken bones will qualify as “significant” or “permanent” injuries under Florida’s no-fault auto insurance law in numerous cases. As you can see from the three categories listed above, whether a broken bone qualifies depends on how the fracture impacts the victim’s life and for how long. With this in mind, a broken bone will generally qualify if it:

• Results in limited range of motion;
• Results in any other physical limitation or disability;
• Results in chronic pain and suffering;
• Results in other ongoing limitations or symptoms; or,
• Results in permanent scarring (i.e., in the case of an open fracture or a fracture requiring surgery).

With this in mind, compound, comminuted, and displaced fractures are more likely to give rise to personal injury claims than hairline and stress fractures—but still, every accident victim’s circumstances are unique. As a result, regardless of the nature and severity of your fracture, if you have suffered a broken bone in a car accident, it will be worth talking to an experienced Fort Myers personal injury attorney with Spivey Law Firm about your legal rights.

Filing a Personal Injury Claim After a Car Accident Also Requires Proof of Negligence

When considering your legal rights after a car accident in Florida, there is another key factor to keep in mind as well: In addition to proof of a “significant” or “permanent” injury, filing a personal injury claim also requires proof of negligence.

While injured car accident victims can file no-fault insurance claims regardless of what happened (with limited exceptions), to seek compensation outside of PIP, victims must prove that someone else is legally responsible for their injuries. In most cases, this “someone else” is the other driver involved in the collision. Common forms of driver negligence that can give rise to personal injury claims include:

• Speeding, tailgating, weaving through traffic, and other forms of reckless driving
• Distracted driving (including talking on the phone or texting behind the wheel)
• Impaired driving (including driving under the influence of drugs, alcohol, or fatigue)
• Road rage (including intentionally swerving toward other drivers or running them off the road)
• Turning without looking, waiting too long to brake, and other common careless driving mistakes

These are just examples—and, along with driver negligence, car accident victims can also file claims based on other forms of negligence in some cases. For example, if a company hired an unqualified driver or failed to adequately maintain a vehicle in its fleet, these could potentially serve as grounds for a car accident victim with a “significant” or “permanent” bone injury to file personal injury claims as well.

Car Accident Victims Must Be Proactive About Protecting Their Legal Rights

From obtaining a thorough medical diagnosis to hiring an attorney to conduct an investigation, car accident victims must be proactive about protecting their legal rights. In this situation, informed decision-making is critical, and victims who have suffered broken bones will want to rely on the advice of an experienced Fort Myers personal injury attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. as they move forward.

FAQs: Filing a Claim for a Broken Bone Suffered in a Car Accident

What financial compensation can I receive for a broken bone suffered in a car accident?

The compensation you can receive for a broken bone you suffered in a car accident depends on whether you have grounds to file a personal injury claim. If you have grounds to file a personal injury claim, Spivey Law Firm, Personal Injury Attorneys, P.A. will help you seek full compensation for your present and future medical expenses, loss of income, pain and suffering, and other financial and non-financial losses.

How can I determine if my fracture qualifies as a “significant” or “permanent” injury?

As discussed above, filing a personal injury claim after a car accident requires proof that you suffered a “significant” and  “permanent” injury. To determine if your fracture qualifies, you will need to hire an experienced personal injury attorney at Spivey Law Firm who can examine your medical records in light of the requirements established by Florida’s no-fault auto insurance law.

Should I talk to an attorney if I suffered a broken bone in a car accident in Florida?

Yes, if you suffered a broken bone in a car accident in Florida, you should talk to an attorney promptly. An experienced personal injury attorney at Spivey Law Firm will be able to advise you of your legal rights and help make sure you are seeking the full compensation you deserve.

Request a Free Consultation with a Fort Myers Personal Injury Attorney Today

Did you suffer a broken bone in a car accident in Florida? If so, we encourage you to contact us promptly for more information. Spivey Law Firm is proud to be recognized with an AV Preeminent Attorney Rating from Martindale-Hubbell, which is the highest rating and signifies the greatest level of professional excellence for legal knowledge, communication skills, and ethical standards.

To request a free consultation with an experienced Fort Myers personal injury attorney at Spivey Law Firm, Personal Injury Attorneys, P.A., call 239-337-7483 or toll-free 888-477-4839, or contact us online at SpiveyLaw.com now.