How Serious Does an Injury Have to Be to File a Claim?

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Personal injury litigation is one of the most common types of litigation. If you have been injured in an accident and believe that someone else is responsible, you may be able to file a personal injury claim.

Personal Injury Claims After an Injury

If you were hurt going about your daily life – shopping in a store, eating at a restaurant, or if you were hit by a car while crossing the street – you can file a third-party claim with a business’s or driver’s insurance company. You should report the accident within 24 hours of it occurring and document any injuries resulting from the accident. If you are going to file a personal injury claim after an accident, you will need to be able to prove that the accident has created a lasting impact on your life or that the injuries required medical treatment. An injury does not need to be life threatening or permanent in order to be considered serious enough to file a claim – there is no “minimum” amount of medical attention needed to file an injury. However, you will need to document and be able to prove the cost and effects of the injury in order to receive any sort of compensation.

Personal Injury Claims After a Car Collision

For motor vehicle accidents, different rules apply. Florida’s personal injury liability law states that you are not liable for someone’s injuries unless they meet a medical threshold – this is because Florida is a no-fault state and drivers are required to purchase a minimum of $10,000 in personal injury coverage. In order to file a claim, you must have damages that exceed this coverage or be able to prove that the accident has caused lasting conditions including:

  • Significant and permanent loss of a major bodily function
  • Permanent injury
  • Significant and permanent scarring and/or disfigurement
  • A medically certified injury or impairment that prevents you from going about your normal life for at least 90 of the first 180 days following the accident
  • Fractures
  • Death

If you have been hurt due to someone else’s negligence, you should definitely consider your options for financial compensation and consider speaking with an experienced lawyer who can advise you in your case.

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