In all personal injury cases, the burden is on the injured victim to prove the other party was at fault. If you were injured due to some unavoidable circumstances, you may not recover compensation for your injuries. In order to win a personal injury case, you must prove that your injuries were caused by the negligence or carelessness of another. For example, in a car accident case showing that the other driver ran the red light would satisfy your burden of proving that the other driver’s carelessness caused the collision.

Special Rules for Proving Damages In Motor Vehicle Accident Cases

Unlike other types of personal injury claims, motor vehicle accident cases require certain additional proof in order for you to be eligible to recover money for your pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other "non-economic” damages. Florida has what is called a “No-Fault Law.” Car owners are required to carry certain minimum levels of auto insurance, including Personal Injury Protection insurance. This requires your auto insurance company to pay for 80% of your medical bills and 60% of lost wages, up to certain limits. You are entitled to these benefits, no matter who was at fault in the accident. That’s why it’s called, “No-Fault.”

Of course, most benefits in life have a trade-off. You may be offered a great job, but the trade-off is that you must drive an extra 45 minutes to work. With Florida No-Fault, the trade-off is that you will receive no money for pain and suffering unless you satisfy the No-Fault threshold.

To satisfy the No-Fault Law and recover these additional damages, you must suffer (1) a permanent injury, (2) significant scarring, (3) loss of a bodily function, or  (4) death.  The definition of a “permanent injury” which permits recovery for pain and suffering and loss of enjoyment of life is subject to interpretation, and you should make sure a legal specialist reviews your medical information to determine whether you may qualify for these additional damages.

Our firm understands that your immediate goals after going through such trauma may include getting your medical bills paid and ensuring that your lost wages and future costs for medical treatment relating to your injury are satisfied. Of course, we will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to address your needs.

Having a lawyer who is a medical doctor and a board certified civil trial specialist, we have a wealth of knowledge in auto accident injuries that can result from no fault on your part.  Injuries in accident cases can be severe and permanent. You may have suffered trauma by being thrown around in the car accident. You may have experienced sprain, spasm, and continuing pain from the motor vehicle collision. Horrible burns, nerve damage, spinal cord paralysis, broken bones, and herniated discs can tragically happen simply because someone failed to pay attention when driving their car, truck or SUV.