When a crash injury needs months of care, a Florida claim has to prove what future treatment will be needed and what it will cost, and Fla. Stat. § 768.0427 limits the evidence of medical expenses a jury may hear. The filing window for a negligence action is generally two years under Fla. Stat. § 95.11(5)(a). For a free case evaluation with our car accident lawyers, call 888-PERAZZO.
The Perazzo Law Firm has learned, according to Local 10, that a 19-year-old Miami Dade College freshman was a passenger in a car involved in a violent crash outside the college’s Kendall Campus on Sept. 3. Her mother told Local 10 that the car was turning into the campus when it was struck by a truck.
Local 10 reports that she was rushed to the hospital in critical condition, was in a medically induced coma for three weeks, had bleeding inside the skull, and underwent several surgeries. Doctors told her mother she will have to re-learn to walk, swallow and speak, according to Local 10, and she still has a feeding tube and is in a rehabilitation facility. Her mother quit her job to be her full-time caregiver and said she needs assistance around the clock, Local 10 reports.
The Local 10 report says nothing about fault, the drivers, charges, or insurance, and fault has not been established. What follows is general Florida law, not a view on this crash.
How future care is proven in a Florida claim
Fla. Stat. § 768.0427 sets the rules for evidence of past and future medical expenses in a personal injury or wrongful death action:
- Bills already paid: evidence is limited to the amount actually paid, regardless of who paid it.
- Future treatment: evidence may include what health coverage would pay, or a percentage of the Medicare rate for those without coverage, along with the reasonable amounts expected to be billed for medically necessary care.
- Letters of protection: a claimant who treats under one must make specified disclosures, including the letter itself and itemized billing, before asserting that claim.
Because future charges are tied to what is medically necessary, documentation of the recommended treatment and its expected duration carries weight.
Other losses in a long-recovery claim
As a general matter, Florida injury claims can include past and future medical expenses, lost earnings or earning capacity, and pain and suffering. A family member’s lost job is not automatically a separate recoverable item, and whether home care by a relative can be part of a claim depends on the facts and the law.
If another driver is found responsible and that driver’s liability limits fall short of the damages, uninsured motorist coverage under Fla. Stat. § 627.727 may come into play, depending on the policies involved.
Fault and timing
Under Fla. Stat. § 768.81(6), a party found more than 50 percent at fault for his or her own harm may not recover damages in a negligence action. An action founded on negligence must be brought within two years under Fla. Stat. § 95.11(5)(a), so ongoing treatment is not a reason to wait to speak with a lawyer.
FAQ
Can a Florida crash claim include future medical care?
It can, to the extent the evidence supports it under Fla. Stat. § 768.0427, which addresses evidence of future medically necessary treatment.
Does a passenger need to prove the driver was at fault?
A negligence claim generally requires showing another party’s fault, which is a question of the facts of each crash. Injured Passenger accidents are quite common and injured passengers are usually covered in the event of a crash when one of the vehicle owners carries insurance.
Talk to a Professional and Experienced Miami car accident Attorney
If you or a family member is facing a long recovery after a crash, call 888-PERAZZO or request a free case evaluation. We serve Miami and the surrounding area. Past results do not guarantee a similar outcome.
Car Accident Attorney in Miami Advertising. General information only; this is not legal advice and does not create an attorney-client relationship. The Perazzo Law Firm maintains bona fide offices in North Miami Beach, Florida and Atlanta, Georgia. Jonathan Perazzo, Esq. is the attorney responsible for this content.