A car accident can change your life in ways that are not always visible. While broken bones and cuts are often obvious, nerve damage tends to surface more quietly, sometimes weeks or months after the crash. Many Florida accident victims describe lingering numbness, burning pain, weakness, or loss of coordination that interferes with work, sleep, and daily routines. When these symptoms persist, the question becomes whether Florida law allows you to pursue compensation for nerve damage caused by a car accident.
Understanding Nerve Damage After a Florida Car Accident
Nerve damage occurs when the delicate fibers that transmit signals between your brain and body are stretched, compressed, or severed. In Florida car accidents, this often happens during high impact collisions, rollovers, or crashes involving sudden jolts to the neck and spine. Even a moderate rear end collision can cause nerve trauma if the body is violently thrown forward and back.
From a legal standpoint, nerve injuries are significant because they are often permanent or long lasting. Unlike a fracture that heals with time, damaged nerves may never fully regenerate. This means Florida personal injury claims involving nerve damage frequently involve substantial compensation demands tied to future medical care, lost earning capacity, and ongoing pain.
Common Types of Nerve Injuries Seen in Florida Auto Accidents
Nerve damage is not a single condition. It includes a range of injuries that vary in severity and impact. In Florida auto accident cases, attorneys often see injuries such as:
- Peripheral nerve injuries affecting arms, legs, hands, or feet, often caused by direct trauma or crushing forces.
- Pinched nerves resulting from herniated discs or spinal misalignment after a collision.
- Brachial plexus injuries involving the network of nerves controlling the shoulder, arm, and hand, frequently linked to side impact crashes.
- Spinal cord related nerve damage that leads to partial paralysis, chronic pain, or loss of sensation.
These injuries can interfere with basic activities like driving, typing, lifting objects, or even walking. That functional loss plays a central role in determining whether you can sue for nerve damage in Florida.
Florida’s No Fault System and Nerve Damage Claims
Florida follows a no fault auto insurance system, which initially limits your ability to sue after a car accident. Under Florida Statute §627.737, injured drivers are generally required to turn to their own Personal Injury Protection coverage first, regardless of who caused the crash. PIP benefits typically cover a portion of medical bills and lost wages, but they are capped and do not account for pain and suffering.
This is where nerve damage becomes legally important. Florida law allows accident victims to step outside the no fault system and pursue a personal injury lawsuit if they suffer a serious injury. Nerve damage frequently meets this threshold when it results in permanent impairment, significant loss of bodily function, or chronic pain. Florida Statute §627.737(2) explains that permanent injury within a reasonable degree of medical probability qualifies as a serious injury, opening the door to a lawsuit.
Proving Nerve Damage in a Florida Personal Injury Case
Unlike a visible fracture on an X ray, nerve damage often requires specialized testing and expert interpretation. Insurance companies in Florida frequently challenge these claims, arguing that symptoms are subjective or unrelated to the accident. This makes documentation critical.
To successfully sue for nerve damage after a Florida car accident, your claim typically relies on medical evidence such as MRI scans, EMG studies, nerve conduction tests, and detailed physician evaluations. Consistent treatment records help establish that your symptoms are real, ongoing, and directly tied to the crash.
Equally important is timing. Delays in seeking medical care can give insurers ammunition to argue that nerve damage developed from another cause. Prompt evaluation strengthens the connection between the accident and the injury.
When Florida Law Allows You to Sue for Nerve Damage
Not every nerve injury leads to a lawsuit, but many do. In Florida, you can generally sue for nerve damage after a car accident when specific legal conditions are met:
- The nerve injury is permanent or expected to cause long term impairment, as supported by medical testimony.
- The injury significantly interferes with daily activities, employment, or quality of life.
- Another party’s negligence caused or contributed to the accident.
- Your damages exceed what PIP coverage can reasonably address.
Florida follows a comparative negligence system under Florida Statute §768.81, which means you can still recover compensation even if you were partially at fault, though your recovery may be reduced.
Damages Available in a Florida Nerve Damage Lawsuit
Nerve damage cases often involve substantial compensation because of their long term effects. Florida law allows injured victims to pursue both economic and non economic damages once they clear the serious injury threshold.
Economic damages may include medical expenses, future treatment costs, rehabilitation, prescription medications, and lost wages. Non economic damages address pain, suffering, mental anguish, and loss of enjoyment of life. In severe cases involving permanent disability, damages may also account for reduced earning capacity over a lifetime.
In rare situations involving extreme misconduct, punitive damages may be available under Florida Statute §768.72, though these are not typical in standard car accident cases. Chapter 768 Section 72 - 2023 Florida Statutes - The Florida Senate
Insurance Company Tactics in Florida Nerve Injury Claims
Florida insurers often approach nerve damage claims with skepticism. Because symptoms like numbness or tingling cannot be seen, adjusters may argue that the injury is exaggerated or unrelated. They may also claim that nerve damage existed before the accident or resulted from degenerative conditions.
This means accident victims must be prepared for scrutiny. Consistent medical care, specialist evaluations, and clear communication about symptoms are essential. Statements made early to insurance companies can also impact the outcome, which is why many Florida injury victims seek legal guidance before giving recorded statements.
Examples of How Nerve Damage Claims Arise in Florida
Consider a driver rear ended at a red light in Orlando. At first, they feel soreness but decline ambulance transport. Weeks later, they develop radiating pain and numbness down one arm. Imaging reveals a herniated cervical disc compressing a nerve root. Because the injury is permanent and interferes with work, Florida law allows them to pursue a nerve damage lawsuit beyond PIP benefits.
In another scenario, a motorcyclist struck by a distracted driver in Tampa suffers nerve damage in the leg due to crushing trauma. Despite surgery, they experience ongoing weakness and loss of sensation. This type of nerve injury often results in claims for long term medical care and diminished earning capacity under Florida personal injury law.
These situations illustrate how nerve injuries often evolve over time and why Florida law provides avenues for compensation when the impact is lasting.
Why Medical Opinions Matter in Nerve Damage Cases
Florida courts rely heavily on medical opinions to determine whether an injury meets the serious injury threshold. Doctors must often testify that nerve damage is permanent within a reasonable degree of medical probability. This language matters because it directly ties into Florida’s statutory requirements.
Treating physicians, neurologists, and orthopedic specialists play a central role in these cases. Their evaluations help establish causation, severity, and future prognosis. Without this medical foundation, even a genuine nerve injury may fail to support a lawsuit.
How Long You Have to Sue for Nerve Damage in Florida
Timing is another critical factor. Florida’s statute of limitations for personal injury cases is governed by Florida Statute §95.11. As of recent updates, most negligence based personal injury claims must be filed within two years from the date of the accident. Missing this deadline can permanently bar your claim, regardless of its merits.
Because nerve damage symptoms may appear gradually, it is important not to wait too long to explore legal options. Early evaluation allows time to build medical evidence and protect your rights.
Why Legal Guidance Matters for Florida Nerve Injury Victims
Nerve damage claims are among the most complex car accident cases in Florida. They require coordination between medical providers, experts, and legal strategy. Insurance companies often fight these claims aggressively due to their potential value.
An experienced Florida car accident injury lawyer understands how to frame nerve damage within the legal standards required to move beyond no fault limitations. This includes gathering medical proof, addressing comparative fault issues, and presenting damages in a way that reflects the true impact on your life.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you are dealing with nerve damage after a car accident in Florida, you do not have to face the insurance companies alone. These injuries often bring chronic pain, uncertainty about recovery, and concerns about future income. Brandon J. Broderick, Attorney at Law helps Florida accident victims pursue compensation for nerve injuries, serious auto accident harm, and long term disability. Whether your nerve damage stems from a spinal injury, crushed limb, or delayed diagnosis, legal support can make a meaningful difference in your recovery and financial security.