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Florida car accident law requires that you use your own personal injury protection benefits first and that You have permanent injury before you can sue!

Want to file a Palm Beach County car accident lawsuit, See 627.737


627.737 Tort exemption; limitation on right to damages; punitive damages.--

(Basically what the following legal language says is that if you get in to a car accident in Palm Beach County, Delray Beach, Boynton Beach Florida, who ever was at fault can not be forced to pay you for the first 10,000.00 of you damages because that is paid by your Personal Injury Protection insurance-also called Florida no fault insurance)

Also, that you have a Significant and permanent loss of an important bodily function (this could include a herniated disc) (or) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement (a doctors opinion would be helpful here) (or) Significant and permanent scarring or disfigurement ( a picutre of the scar would be helpful here) (or) Death.

(1) Every 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, and every person or organization legally responsible for her or his acts or omissions, is hereby exempted from tort liability for damages because of bodily injury, sickness, or disease arising out of the ownership, operation, maintenance, or use of such motor vehicle in this state to the extent that the benefits described in s. 627.736(1) are payable for such injury, or would be payable but for any exclusion authorized by ss. 627.730-627.7405, under any insurance policy or other method of security complying with the requirements of s. 627.733, or by an owner personally liable under s. 627.733 for the payment of such benefits, unless a person is entitled to maintain an action for pain, suffering, mental anguish, and inconvenience for such injury under the provisions of subsection (2).

(2) 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.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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