In a Florida car accident an injured party can recover several types of compensation unavailable in other states. Because Florida is a no-fault state, there are limits to the amount of compensation a party can obtain. However, Florida also offers several type of compensation not available in all states.
Personal Injury Protection Limits
Every driver in Florida is required to have insurance that will cover his medical expenses in the case of an accident. Typically, the amount of this insurance is $10,000. In case of an accident, an injured party first turns to his insurance company for reimbursement up to the policy limits. Only if his injury is more costly than the limit can he recover from the other party. This law is in place because Florida is a no-fault state. In a no-fault state, neither party is deemed responsible for an accident; to reinforce this, the state requires parties to first exhaust compensation available from their own insurance company.
Unlimited Compensation Awards
Florida offers several types of compensation that are not found in all states. There is no set maximum amount for these awards, but a court will often calculate the award based on expert testimony.
Florida is unique in that it permits injured parties to recover for the mental damages sustained as a result of the injury. These can include depression, nervousness, embarrassment and anger. Most Florida courts are more than willing to award this type of damages if the injured party’s injuries are permanent.
Similar to other states, Florida permits an injured party to recover the amount of income he has lost as result of his injury. However, Florida judges and juries are not overly receptive to lost income claims if the amount is particularly small or not documented.
Florida is also a member of a small majority of states that permit recovery for loss of earning capacity. This type of injury means that the party’s injury prevents him indefinitely from earning the same amount of income he could earn if he were not injured. These damages often require proof of permanent disability through medical testing and expert opinions.
Unlike many other states, Florida also permits an injured party’s spouse to recover for loss of consortium. In this claim, the spouse must prove that the injured party’s injury has impacted their relationship or eliminates a marital right. This type of compensation is unique in that it involves a third party in a claim against the defendant. The amount of this claim is determined by expert testimony.
Obtaining Legal Advice
If you have been injured in an automobile accident in Florida, seek legal representation for your compensation claim. Florida offers injured parties several types of recovery unavailable in other states but which require extensive proof for them to be awarded.
