Navigating the aftermath of a car accident can be a tumultuous experience, especially when dealing with injuries, property damage, and potentially complex legal proceedings. Given the frequency of such incidents, understanding who has the right to file a car accident lawsuit in Florida is crucial. The sunshine state’s unique laws, like the ‘no-fault’ system, add to the complexities of this process. This article aims to help you comprehend your legal rights and who can file a car accident lawsuit in Florida.
Florida's No-Fault Auto Insurance:
When Can You File a Lawsuit?
Serious Injury Threshold:
In Florida, you may step outside the no-fault system and file a lawsuit against the at-fault driver if your injuries meet a certain threshold described as ‘serious’. According to Florida Statute 627.737(2), a “serious injury” consists of:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
Property Damage Claims:
Despite the no-fault law, you can directly file a lawsuit against the at-fault driver for property damage, including vehicle repair or replacement costs.
Wrongful Death Claims:
If the car accident results in a fatality, the deceased person’s family or estate may file a wrongful death lawsuit against the responsible party. According to the Florida Wrongful Death Act, those eligible to file include the deceased person’s spouse, children, parents, and any blood relatives or adoptive siblings partially or wholly dependent on the decedent for support or services.
