The force of a car accident can injure your shoulder via the seat belt, impact with the door, or ejection from the vehicle. Under Florida’s no-fault insurance system, the compensation for your injury depends on many factors, including the injury’s severity and who caused the crash.

The facts of your case will determine the value of your injury claim. However, under Florida law, your injury compensation will fall into one of two categories: no-fault compensation or personal injury compensation.

No-Fault Compensation in Florida

Minor injuries may fall under your no-fault insurance. When you buy your car insurance policy, it should include personal injury protection (PIP) coverage. This coverage usually pays medical and disability benefits to you regardless of fault. 

Thus, your insurance company will typically pay you even if you caused the accident that injured your shoulder.

What Are the Main Drawbacks of No-Fault Compensation?

The drawback of no-fault benefits is that they do not cover all your losses. First, the policy limit for PIP coverage is $10,000. This limit can be low considering the cost of medical care, ambulance services, and physical therapy.

Second, the benefits do not usually cover all of your economic losses. Under Florida law, your insurer generally only needs to pay 80% of your medical expenses and 60% of your income losses. You must bear the unreimbursed costs unless you are eligible to file a tort (personal injury) claim against the at-fault driver.

Third, no-fault benefits do not cover non-economic losses, such as pain, suffering, disfigurement, and disability. Thus, your injuries might significantly impact your life, but your insurer does not need to compensate you for those effects.

How Does No-Fault Compensation Generally Work?

As an example, suppose you suffer a sprained shoulder in a car crash. You could have $5,000 in bills from the emergency room and physical therapist. You will also likely miss a few days of work, which could result in a wage loss of $1,000.

Using Florida’s benefit rates, you could receive $4,000 in compensation for your medical bills and $600 in compensation for your lost income. Thus, the insurer may only pay you $4,600 in compensation for your $6,000 in losses.

Personal Injury Compensation in Florida

Florida law allows crash victims to pursue a personal injury claim against an at-fault driver when their losses exceed their PIP policy limit of $10,000 or they suffer a significant, permanent injury. 

The statutes specify that a crash victim must have one of the following significant, permanent injuries to step outside of the no-fault system:

  • Loss of an important body function
  • Permanent injury within a reasonable medical probability
  • Scarring or disfigurement

Bear in mind that your lawyer must prove that the injury is both significant and permanent to qualify. Thus, a crash victim might not be eligible if they suffered a rotator cuff injury that can be surgically repaired. However, a torn shoulder ligament that will permanently render the victim unable to raise their arms above shoulder level might qualify.

If you can meet these qualifications, you can seek the following compensation for a shoulder injury:

Economic Losses

Economic losses include the following monetary impacts of your shoulder injury:

  • Bills for past and future medical treatment, medication, and physical therapy
  • Out-of-pocket expenses for injury-related costs
  • Income lost due to missed work
  • Diminished future earnings due to long-term or permanent shoulder disabilities

You can typically prove these losses using your financial records, such as billing statements, receipts, and pay stubs.

Non-Economic Losses

If you suffered a significant, permanent injury, you can pursue compensation for non-economic losses, such as physical pain, mental anguish, and other non-monetary impacts of your injuries. They’re generally more difficult to prove, but you can prove these losses by testifying about the impact of your injuries on the quality of your life

Contact Our St. Petersburg Car Accident Lawyers from Graves Thomas Injury Law Group for a Free Consultation

If you can step outside the no-fault insurance system, you can typically pursue compensation for both economic and non-economic losses arising from your shoulder injury. The exact amount depends on many factors, including the severity of your injury and its effect on your life.

If you’ve been injured in an accident, please contact our experienced car accident lawyers at Graves Thomas Injury Law Group to schedule a free consultation today. We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.

Graves Thomas Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-1966

Graves Thomas Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 677-0373

Graves Thomas Injury Law Group – St. Petersburg
200 Central Ave Suite 304
St. Petersburg, FL 33701
(772) 569-8155