Personal injury cases are among the most common civil litigation cases in Florida courts. Many of these cases settle before they proceed to trial.
Florida Statute 627.737 sets thresholds for personal injury recoveries. A victim must meet certain qualifications to sue another driver who may have caused injuries in a vehicle accident. For example, injuries requiring extensive physical therapy may qualify; whereas, bruised limbs may not.
Statute 627.737 says the qualifications are:
2. (a) Significant and permanent loss of an important bodily function.
2. (b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
2. (c) Significant and permanent scarring or disfigurement.
2. (d) Death.
3. When a defendant, in a proceeding brought pursuant to ss. 627.730-627.7405, questions whether the plaintiff has met the requirements of subsection (2), then the defendant may file an appropriate motion with the court, and the court shall, on a one-time basis only, 30 days before the date set for the trial or the pretrial hearing, whichever is first, by examining the pleadings and the evidence before it, ascertain whether the plaintiff will be able to submit some evidence that the plaintiff will meet the requirements of subsection (2). If the court finds that the plaintiff will not be able to submit such evidence, then the court shall dismiss the plaintiff’s claim without prejudice.
4. In any action brought against an automobile liability insurer for damages in excess of its policy limits, no claim for punitive damages shall be allowed.
A legal dictionary defines permanent injury as “physical or mental damage which will restrict the employment and/or other activities of a person for the rest of his/her life. In a lawsuit, to recover damages caused by the negligence or intentional wrongful act of another, a permanent injury can be a major element in an award of general damages.”
“We recommend that you contact our experienced personal injury team to assist you in determining whether you may meet the threshold and can file a personal injury lawsuit. Our firm provides personal contact and communication along with aggressive representation 24/7. There are no costs or attorney fees unless we make a monetary recovery for you,” said Port Charlotte Personal Injury Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.
Port Charlotte Personal Injury Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A, in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.