Does the Injured Person Have to Meet the Threshold In Order to Claim A Loss of Income in Florida?

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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?

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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