Why Can’t I Sue for a Minor Car Crash Injury in Tampa?

Florida does not allow lawsuits for minor auto injuries because of a no-fault system that theoretically reduces costs for everyone. If Florida allowed people to sue for injuries like minor whiplash and sprained knees, premiums for all drivers would increase. If you are intent on maximizing your compensation after a car crash in Tampa, consider speaking with an experienced lawyer about your options.

The No-Fault Trade-Off in Florida 

Florida’s no-fault auto accident system has various pros and cons. On the positive side, the system reduces the number of lawsuits faced by insurance companies each year. It also has the potential to streamline medical treatments and lost wage compensation for injured victims.

However, there is a considerable trade-off. Most people who become injured in car accidents cannot sue. Even if another driver drove with complete negligence and recklessness, the no-fault system prevents direct lawsuits.

Florida was the second state in the nation to adopt a no-fault system after Massachusetts. The change occurred in the 1970s when elected lawmakers passed the Automobile Reparations Act. Since then, lawmakers have proposed eliminating the no-fault system, but none of these bills have passed.

Why You Still Might Be Able to Sue for a Seemingly Minor Injury

With all that said, you may still have the right to file a direct lawsuit for a minor car accident injury in Florida. First, consider the legal definition of a “serious injury” under Florida law. In order to bypass the no-fault system, your injury must fall into the general categories of “significant,” “permanent,” “disfiguring,” or “fatal.”

What you believe to be a minor injury might actually qualify as serious under this classification system. For example, you might have suffered a “minor” burn on your face that is only a few inches wide. However, if this burn has permanently disfigured your face in a noticeable way that affects your mental health, it might qualify as a serious injury, paving the way for a lawsuit.

Even if your injury is minor under Florida’s legal definition, a direct lawsuit might still be possible. If you completely bypass the auto insurance system and file a different type of lawsuit, the no-fault rules do not apply to you. For example, you might have suffered an injury due to faulty brakes. If you sue a car manufacturer, you do not have to worry about the no-fault system. Even a minor injury can trigger a “product liability claim” against a manufacturer.

Can a Tampa Car Accident Lawyer Help Me?

Although lawsuits are generally impossible for minor car accident injuries in Tampa, you should still discuss your unique circumstances with a lawyer. The definition of “serious injury” in Florida is relatively broad, and your medical issue could meet the threshold. You might also consider alternative forms of legal action, such as product liability claims. Learn more by contacting the Tampa car accident lawyers at Anderson & Anderson at 813-251-0072 today.

Source: 

iii.org/sites/default/files/docs/pdf/FloridaNoFaultAuto-012413.pdf