Florida Verbal Threshold for Tort Claims
FL verbal threshold (Section 627.737): limits non-economic damage suits in auto accidents. Must prove: significant and permanent loss of bodily function, permanent injury (medical probability), significant scarring/disfigurement, or death. Below threshold: PIP only ($10K medical, 60% wages). Above: all economic + non-economic (pain, suffering, loss of enjoyment) + loss of consortium. Court evaluates: medical testimony, diagnostics, treatment history, functional impact, and prognosis. Defendant can challenge.
The Standard
- Significant + permanent injury
- Loss of bodily function
- Scarring, disfigurement, death
Below vs. Above
- Below: PIP only ($1K)
- Above: full economic + non-economic
- Loss of consortium
Proving Threshold
- Medical testimony required
- Diagnostics, treatment, impact
- Defendant can challenge
Related Terms
- PIP — No-fault coverage
Barnes Walker Litigation
Barnes Walker’s attorneys handle FL tort threshold cases. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 768
Governs negligence claims in Florida, including the modified comparative fault standard (effective March 2023) that bars recovery if the plaintiff is more than 50% at fault.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC