Permanent Injury Law
Chapter 627 Section 737 - 2020 Florida Statutes - The Florida Senate (flsenate.gov)
In Florida, if you are injured in an automobile accident due to someone else’s negligence, you may only recover damages for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the accident if you sustain:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
The state of Florida has this permanent injury requirement, because in our state it is required that you carry Personal Injury Protection Insurance (PIP). PIP has been explained in another blog, however PIP will pay a portion of your own medical bills and a portion of your own loss wages, even if YOU are at fault. Therefore, since your own bills are being paid by your own carrier, the state of Florida requires that you have a permanent injury to collect damages for pain and suffering and the other damages as referenced above.
After closing arguments are given by both sides and after the jury instructions are read to the jury, the verdict form is given to the jury. On the verdict form one of the questions is whether or not the Plaintiff suffered a permanent injury as a result of the automobile accident. If the jury answers the question with a “yes” then they go on to the next questions of damages and awarding an amount for pain and suffering. If the answer to that question is “no” then the jury must skip the question of pain and suffering damages and only answer the questions of an amount of money for economic damages such as medical bills and loss of earnings. A sample Jury Verdict form is below with the permanent injury question for the Jury in question #7.
The link for Florida statute 627.737 is above for you to read in its entirety.
If you are injured in an automobile accident, make sure you receive medical treatment as soon as possible and have the medical staff determine whether or not you have suffered a permanent injury. Call us and we will work with your medical provider in order to obtain your medical records and to process your claim and/or lawsuit.