Stepping outside no-fault. After a car crash, your own PIP coverage pays first. To claim pain and suffering from the at-fault driver, Florida Statute § 627.737 requires a permanent injury, a significant and permanent loss of an important bodily function, significant and permanent scarring, or death. Many brain injuries meet that threshold, but it has to be proven with medical opinions, which is why documentation matters so much.
Modified comparative fault. Since 2023, your recovery is reduced by your share of the blame, and if you're found more than 50% at fault in most negligence cases, you recover nothing. Defendants try to shift blame onto the injured person. Evidence is how we push back.
No cap on most damages. Florida doesn't cap compensatory damages, including pain and suffering, in most injury cases. A jury's verdict can cover the full lifetime cost of a brain injury if it's proven. Claims against government agencies have their own limits.
Children's brain injuries. A child's brain is still developing, so an injury that seems mild can affect school, behavior and independence years later. We work with pediatric specialists to project that impact. Don't assume a child's claim can wait until they turn 18; in most cases, the same deadlines apply.