Threshold that must be met in before I can recover under PIP | Florida car accident

Is there a certain threshold that must be met in before I can recover under PIP, and if so, what is the threshold?

Yes! There is the “tort threshold” under Florida Statute that must be met. A tort action brought against an owner, registrant, operator, or occupant of a motor vehicle insured under no-fault law, or for any entity legally responsible for an act or omission by one of those parties entitles the plaintiff to recover damages for pain, suffering, mental anguish, and inconvenience provided it meets certain criteria. The criteria include either a) significant & permanent loss of an important bodily function, or b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement or c) significant and permanent scarring or disfigurement, or d) death. Obviously there is no questioning whether someone has died or not but the other criteria is almost always contended by the insurer because of their BOTTOM LINE. The Florida courts haven’t provided much in the way of determining what constitutes the non-death category. But it seems that the best bet for a plaintiff looking to recover for damages in a suit provide expert medical testimony that establishes “permanent injury within a reasonable degree of medical probability.” Expert testimony alone establishing permanent injury will not suffice for a plaintiff to recover, because the jury is free to weigh the testimony of the expert in light of the other evidence presented. Easkold v. Rhodes, 641 So.2d 495 (Fla. 1993). However, the trial court can grant a new trial when it determines that the jury verdict is contrary to the clear weight of the evidence. DiMare, Inc. v. Robertson, 758 So.2d 1193 (Fla. 3d DCA 200). You might think to yourself that you are suffering a permanent injury that is not discernible to anyone but yourself (subjective injury). This will not impair you from recovery because the Florida Supreme court has held that subjective evidence of pain and expert testimony combined with jury instructions that include, explain, or define other factors bearing on the existence of a permanent injury may entitle a plaintiff to recover. Also, be aware that permanent pain does not always constitute permanent injury but permanent pain may constitute permanent injury. Rivero v. Mansfield, 584 So.2d 1012 (Fla. 3d DCA 1991). In the situation where a medical expert has testified that an injury is permanent, the defendant is not bound to refute with contrary medical evidence. Usually, an insurance carrier will just produce photographs that show little damage to a car, which contradicts the plaintiffs claim. This will typically come up at trial, but it is unlikely that your Palm Beach County accident attorney will not be able to counter this or are not prepared for it.