As a Florida car wreck attorney I know that many laws are designed to prevent people from obtaining justice for their injuries. For instance, Florida Statute §627 prevents those injured in Florida car, truck, bicycle or pedestrian accidents from recovering for injuries caused by another unless those injuries result in:
Significant and permanent loss of an important bodily function.
Permanent injury within a reasonable degree of medical probability.
Significant and permanent scarring or disfigurement.
This means that one could be injured in a car accident, through no fault of their own, end up with time in the hospital or doctors’ offices with pain, and not be able to obtain any compensation for their pain and suffering unless it falls within those specific categories. Often, this is a surprise to our car accident clients and is one of the most hotly-contested issues in motor vehicle litigation in Florida.
Moreover, this law is hidden in the insurance section of the Florida Statutes. It is nowhere to be found in either the Motor Vehicle or Torts sections.
While our Miami car accident law firm hopes that if you are involved in a car accident that you are not injured, we urge you to seek the appropriate medical care immediately and follow up with your health care providers’ recommendations. We also recommend that you document all of your physical complaints as the defense will surely try to prove that your injury does not fall within the limited definitions of Florida Law.