Does the Injured Person Have to Meet the Threshold in Order to Claim a Loss of Income in Florida?
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Transcript of Does the Injured Person Have to Meet the Threshold in Order to Claim a Loss of Income in Florida?
Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?
1
DOES THE INJURED
PERSON HAVE TO MEET
THE THRESHOLD IN
ORDER TO CLAIM A LOSS
OF INCOME IN FLORIDA? “If you are involved in an automobile accident in Florida,
you may not be entitled to sue for damages unless you meet the threshold under Florida’s
No-Fault Personal Injury Statute.”
Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?
2
If you are involved in an automobile accident in Florida, you may not be entitled
to sue for damages unless you meet the threshold under Florida’s No-Fault
Personal Injury Statute. The threshold, also known as the personal injury
threshold, refers to the severity of your injuries.
In order to determine if your injuries meet the threshold, you should contact an
experienced personal injury attorney. The law is more complex than simply
stating that black eye probably does not meet the threshold while a torn tendon
may be enough to meet the threshold.
Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?
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Requirements to Meet the Threshold
Under current Florida No Fault Law, a claimant must meet minimum
requirements before he or she can file a lawsuit against the at-fault party for non-
economic damages (such as pain and suffering). The claimant’s injury must
meet or exceed the personal injury threshold by satisfying one or the following
four requirements:
Permanent and significant loss of vital bodily function;
Permanent injury within a reasonable degree of medical probability, other
than scarring or disfigurement;
Significant and permanent scarring or disfigurement; or,
Death.
In some cases, a claimant may be entitled to sue an at-fault party to recover all
damages, both economic and non-economic, regardless of whether the
claimant’s injury will meet the threshold. Cases in which a claimant may be
entitled to sue for damages include:
If the at-fault driver is an out of state resident whose automobile insurance
does not comply with the minimum requirements according to Florida law;
If the at-fault party is not required to have a no-fault insurance policy; and,
If the vehicle driven by the at-fault is not a “motor vehicle” as defined under
Florida Statute §627.732(1). For example, if the vehicle is a motorcycle or public
bus.
Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?
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PIP Coverage and the Personal Injury Threshold
The personal injury threshold is part of Florida’s No Fault laws, as is Personal
Injury Protection (PIP) coverage. The law requires that the owner of a motor
vehicle carry a minimum of $10,000 in personal injury protection. Under PIP
coverage, the insurance company must pay PIP benefits to the following people
who are injured in an automobile accident, regardless of the severity of the injury.
The insured
Any relatives who live in the same household as the insured
Anyone who is operating the insured vehicle with the consent of the insured
Passengers in the insured vehicle
A pedestrian struck by the insured vehicle
If the above individuals are injured in an automobile accident, the insurance
company must pay certain damages to the injured person. The company must
pay damages up to the PIP coverage amount (again, the minimum coverage is
$10,000). These include 80% of reasonable medical expenses, 60% of lost
income or earning capacity and funeral expense not to exceed the lesser of
$5,000 or the remaining PIP benefits.
In some cases, the injured person may be able to sue the at-fault party to recover
the medical expenses and lost wages that are not recoverable through PIP. To
determine this, the individual should seek the counsel of an experienced
automobile accident attorney.
Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?
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Do I Need an Attorney for an Automobile Accident Claim?
Because
Florida is
known as a “no
fault” state with
regard to
automobile
accidents, most
people assume
that they do not
need an
attorney if they
are involved in an automobile accident. However, this is not true. Insurance
companies often fight paying benefits under PIP policies. Furthermore,
insurance companies will routinely argue that claimants do not meet the
threshold to be eligible to sue at-fault parities for damages beyond the PIP
benefits.
In order to overcome threshold defenses, you need an experienced automobile
accident attorney who deals with these issues on a day-to-day basis. In many
cases, people who have a small degree of loss of bodily movement or a minor
permanent injury will still qualify to sue the at-fault party for damages. However,
in order to determine if you meet the requirements, you must first contact a
personal injury attorney to discuss your case.
Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?
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Contact an Experienced North Miami Beach Automobile
Accident Attorney
We Make It Personal. Our Clients Are People, Not Cases
The law firm of Bolton & Gross, PA cares about your injuries. Our personal injury
attorneys are committed to helping each client receive the compensation he or
she deserves for injuries sustained in an automobile accident. We represent
clients throughout Miami-Dade County and Broward County. Contact our office
at 305-653-8223 or 954-640-0178 to schedule your free consultation today. You
may also use our convenient online form to contact our office for more
information.
We will fight to protect your rights and we will never charge you until and unless
we receive a settlement for your case. Call us today and let us explain how we
can help you receive compensation for your physical, emotional and financial
damages.
Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?
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About Bolton & Gross
Richard Bolton and Mitchell Gross have been practicing together for approximately 20 years. Initially, the firm was focused on representing insurance companies, their insureds, self insureds, and Fortune 500 companies. At that point, Bolton and Gross represented these entities as defendants. We took many cases to trial on behalf of these entities as defendants.
Over the years, we learned how insurance companies and self insured corporations handled their legal matters. They showed no compassion to the injured parties and would go to all lengths to win a case. This type of work left us totally unfulfilled.
Approximately 10 years ago we changed the focus of our practice. We now represent, exclusively, the injured parties. We use our experience representing the defendants to obtain the maximum possible recovery for our client.
At Bolton and Gross we view each case individually. We realize each and everyone of our clients are people who have different needs and different motivation, etc. We try to advise our clients as to their possible decisions and do everything we can to get them the best recovery that is consistent with their desires.
Here at Bolton and Gross we provide our clients with compassionate, aggressive, and individualized
representation.
Bolton & Gross
bglawpa.com
801 NE 167th Street 2nd Floor
North Miami Beach, FL 33162
Phone: 305-653-8223
7800 W. Oakland Park Blvd, Building B Suite 104
Sunrise, FL 33351
Phone: 954-640-0178