Florida’s no-fault insurance system shapes how accident victims, especially those with traumatic brain injuries (TBIs), handle claims. This system can restrict compensation options, but there are exceptions. Let us examine how this system impacts TBI claims and when victims can seek more compensation.
How does Florida’s no-fault insurance system work?
Florida drivers need to have Personal Injury Protection (PIP) insurance. This system lets drivers get quick medical benefits after an accident, no matter who caused it. Key features include:
- Coverage: PIP pays for medical expenses up to $10,000.
- Lost wages: It covers part of lost wages.
- Timely treatment: Treatment must begin within 14 days of the accident.
However, note that PIP insurance might not cover all costs for a TBI. Victims often face high medical bills and long-term effects.
How does the no-fault system impact TBI claims?
The no-fault system offers quick compensation but has limitations. For instance, the $10,000 Personal Injury Protection (PIP) coverage may not cover all traumatic brain injury (TBI)- related medical costs, as it only covers 60% of lost wages and 80% of medical expenses. Additionally, the no-fault system does not cover pain and suffering. However, TBI victims can sometimes seek more compensation outside the no-fault system when their injuries are considered “serious” and meet the lawsuit threshold.
When can TBI victims step outside the no-fault system?
Florida law sometimes lets accident victims get more than PIP limits. Florida laws let people sue if they have a “major and lasting loss of a key body function,” a lasting injury, significant scars, or disfigurement. For TBI victims, this means:
- Permanent damage from a TBI may qualify for more compensation, depending on how severe the injury is.
- Victims can ask for compensation for pain, suffering, and loss of life enjoyment.
You need to understand these criteria if you are considering legal action.
How can you protect your rights after a TBI?
Taking on Florida’s no-fault insurance system can be difficult, especially for TBI victims. You could get extra compensation and a deeper understanding of the details of your claim with legal guidance. A lawyer can help you get compensation, offering you a way to recover and stay financially stable.