In the State of Florida, a bicyclist can potentially recover lost income and lost wages as a result of an injury. As part of the state’s “no fault” accident rules, accident victims are required to first look to their personal injury protection (PIP) policy if they have one.
PIP policies are required by Florida Statutes § 627.736 to provide sixty-percent of “disability benefits.” Disability benefits include “loss of gross income and loss of earning capacity” that result directly from an injury the victim sustained. They also include “replacement services” that the injured person would have normally performed but must now pay for.
For example, if a single mother with three young children had to pay a housekeeper to come and prepare meals for the family, those costs could potentially be considered part of “replacement services” under disability benefits.
If another party has been determined at-fault for the injury victim’s condition, then the injury victim can potentially seek compensation for expenses that go over the coverage limit of their PIP policy. In order to do so, the victim must be able to demonstrate proof of the other party’s fault through negligence or another cause-of-action. They must also be able to provide proof of medical documentation verifying that the decision to not work was based on a medical professional’s opinion, not a whim.
For instance, someone who works on their feet and has a severe ankle injury can provide x rays of the damaged area, test results, clinical examination documentation and a written recommendation by a licensed physician advising the patient to avoid certain types of work within a set, estimated healing period.
Individuals looking to assemble this level of documentation should consult with a Florida personal injury attorney to increase their case’s chances of success.