Car Accidents in Florida are often controlled by Florida’s No Fault Law.  Contained within the No Fault Law is Florida’s Permanent Injury Threshold.  Florida Statute 627.737 states,

In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(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 essence of the Permanent Injury Threshold, as stated in Florida Statute 627.737, is that a person injured in an automobile accident that is receiving Personal Injury Protection Benefits to pay medical expenses cannot recover for Pain and Suffering (either Past or Future) unless and until it is determined that the person involved in the automobile accident sustained a Permanent Injury.   It is quite often overlooked by attorneys and insurance adjusters that this Permanent Injury Threshold does not apply to all car accident cases.  There are several types of vehicles that are exempt from any requirement to have Personal Injury Protection insurance.  Two examples are Taxi Cabs and Public Mass Transit Vehicles.  In many situations, passengers or operators of these types of vehicles do no have to their avail Personal Injury Protection Insurance and, as a consequence, are not subject to the Permanent Injury Threshold.  This means that if somebody is injured in an accident in these types of vehicles, they may automatically be entitled to Past Pain and Suffering Damages regardless of proving a permanent injury.  The person may also be entitled to a Future Pain and Suffering Award if a permanent injury is suffered.

The difference in a case when an injured person is not subject to the Permanent Injury Threshold is the award of Past Pain and Suffering Damages regardless of any Permanent Injury.  When somebody is subject to the Permanent Injury Threshold, these damages are not available unless the injured person establishes a Permanent Injury as described in Florida Statute 627.737.  For some cases addressing these topics please see Utvich v Felizola, 742 So.2d847 (Fla 3d DCA 1999) and Watson v. Prudential Property & Cas. Ins. Co., 696 So.2d 394 (Fla. 3d DCA 1997).

Jeffrey S. Altman of The Altman Law Firm has been representing victims injured in Bus Accidents and Taxi Accidents in Miami, Florida since 1998 .