If you were injured in a car crash, your first instinct may be to file with your insurance company. In many situations, you may actually have the right to file a lawsuit for injuries, even under Florida’s restrictive no-fault insurance rules. Broken arms and wrists are common after a car accident and may entitle you to compensation through a lawsuit, and even more serious arm injuries like amputation would certainly qualify. If you or a loved one was injured in a car accident, call Miami car accident lawyer Prosper Shaked today to discuss filing a lawsuit for your arm injury.
When Can You Sue for Arm and Wrist Injuries from a Car Crash in FL?
The ability to file a lawsuit for your car crash injuries depends on how serious the injury is. Florida’s no-fault insurance rules typically require you to file your case through your auto insurance providers, but some injuries are serious enough to merit a lawsuit. These exceptions include when you suffer permanent injuries or injuries totaling at least $10,000 worth of damages.
A “permanent” injury allows you to file a lawsuit for your car accident injuries instead of relying upon your insurance. Injuries are considered “permanent” if they cause “[s]ignificant and permanent loss of an important bodily function” or if the injury has a “reasonable degree of medical probability” to be permanent. These “permanent” injuries do not include scarring, although “significant and permanent scarring or disfigurement” can lead to a lawsuit. Wrongful death in a car crash also warrants a lawsuit.
Under these rules, many arm injuries could qualify for a lawsuit. Serious injuries like amputation or loss of function in a finger, your hand, or a portion of your arm could be life-altering, permanent injuries that should qualify for a lawsuit. Additionally, pervasive nerve damage could affect your fine motor skills and form a permanent, painful injury that could interfere with work and day-to-day tasks. Lastly, significant scarring from burn injuries or abrasions and other injuries could qualify as permanent injuries for a lawsuit.
If damages reach $10,000, you may also be able to sue. Part of your auto insurance coverage must include “personal injury protection” (PIP) under Florida law. This coverage can help you pay for injuries after a car crash, but it may not be enough to cover serious injuries, depending on your policy. If your medical bills and lost wages or income total at least $10,000, the State of Florida no longer expects your PIP coverage to step in, and you are entitled to file a lawsuit instead.
When your injuries are severe enough to total at least $10,000, you may still be entitled to additional damages on top of this for pain and suffering. Typically, auto insurance policies do not pay damages for pain and suffering, so you would miss these damages if you settled your case with the insurance company and accepted PIP payments for your arm injury. Instead, filing for a lawsuit could unlock additional pain and suffering damages that could result in substantial compensation.
Filing a Lawsuit for a Broken Arm after a Car Crash
A broken bone in your arm or a fractured wrist is an incredibly common injury after a car accident. While driving, your arms are in a position to suffer damage if the front of your car is crushed inward during a front-end collision, if your airbag explodes into your arms, or if you are slammed against the steering wheel or dashboard during a crash. If you suffered a broken wrist or fractured arm, the injuries may be sufficiently permanent or expensive to allow a lawsuit.
To prove your case and win compensation in your lawsuit, you must be able to prove that the at-fault driver did something wrong that lead to the crash. This is known as “negligence,” and is the core of most injury lawsuits. If the other driver violated traffic rules, drove in an unsafe manner, or simply failed to look out for drivers, bike riders, or pedestrians, that driver should be at fault for any injuries they caused. You can use your testimony, the testimony of any other witnesses or passengers, traffic cameras, and photographs to help prove how the accident happened and what the other party did wrong.
You must also prove the damages and amounts of financial harm you suffered to get compensation. Showing the court your medical bills and the cost of surgery to reset bones or receive rod and screw implants can demonstrate the expenses you faced. You can also prove the wages you lost with financial records, like pay stubs, and you can demonstrate your pain and suffering by explaining in your own words how the injury affected your quality of life.
Call Our Miami Car Accident Lawyer for Broken Wrist and Arm Injuries Today
If you suffered an arm injury including amputation, broken bones, or nerve damage after a serious car crash, you should contact Miami personal injury lawyer Prosper Shaked today. Prosper handles car accident lawsuits on behalf of injured victims and fights to get them the compensation they need to cover medical expenses, lost wages, and pain and suffering. To schedule a free consultation on your potential claim, contact Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676.