Fault/Comparative Fault: The Sunshine State Edition

In Florida, the personal injury scene is massive. But there isn’t a general understanding of how the fault system works. The system is based on negligence principles, similar to the rest of the country, but it operates differently. 

Negligence is a legal concept that determines whether someone’s actions (or inactions) led to an injury to another person. In Florida, when someone is injured due to the negligence of another party, they may have a legal compensation claim.

Here’s how personal injury fault works in Florida

Florida follows a similar system to Indiana’s system for personal injury claims, meaning that after a car accident, each driver’s insurance company is generally responsible for covering their medical expenses and certain other economic losses, regardless of who was at fault for the accident. This system is also known as personal injury protection (PIP).

How does personal injury protection (PIP) work? 

Florida law requires all drivers to carry a minimum amount of PIP coverage as part of their auto insurance policy. PIP coverage typically covers medical expenses related to an accident and lost wages up to a specified limit. It also covers some funeral and essential services expenses. 

PIP coverage is available regardless of who caused the accident.

Florida’s limitation on lawsuits

In exchange for the no-fault system, Florida law limits the ability of accident victims to sue the at-fault driver for non-economic damages, such as pain and suffering. However, there are exceptions to this limitation. 

You can file a personal injury lawsuit against the at-fault driver if your injuries meet the state’s “serious injury” threshold, including:

• Significant and permanent loss of an essential bodily function
• Permanent injury
• Substantial and permanent scarring or disfigurement
• Death

This means that Florida no longer allows claims for soft tissue or minor injuries from a collision.

Property damage claims

Regarding property damage, Florida does not follow a no-fault system. You can file a claim with the at-fault driver’s insurance for property damage or use your own collision coverage if you have it.

Let Finderson Law help with your Florida personal injury claim

Curious about your personal injury claim? Finderson Law LLC offers free consultations to discuss your case. Give our firm a call at (260) 420-8600 or contact us here. 

We are always here to help bring our clients comfort, hope and ease regarding the complications of the law. As attorney Roger Finderson is now licensed in Florida, we are happy to help Floridians alongside our Hoosiers in every way.