Tort Threshold Explained in

The Tort Threshold is the legal standard in Florida that determines when an injured person can pursue pain‑and‑suffering damages against an at‑fault driver. Florida’s no‑fault system limits lawsuits unless injuries meet specific severity requirements.

Even if another driver caused the accident, you cannot automatically sue for pain and suffering — the injury must cross the Tort Threshold.

What the Tort Threshold Requires

Under Florida Statute 627.737, injuries must meet one of the following:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement
• Death

If injuries do not meet these criteria, pain‑and‑suffering claims are barred.

Why the Tort Threshold Exists

• Limits lawsuits in minor accidents
• Supports Florida’s no‑fault PIP system
• Reduces court congestion
• Ensures only serious injuries qualify for non‑economic damages

PIP (Personal Injury Protection) pays medical bills regardless of fault, but pain‑and‑suffering claims require meeting the threshold.

Examples of Injuries That May Meet the Threshold

• Broken bones
• Permanent nerve damage
• Severe scarring
• Traumatic brain injuries
• Loss of mobility or bodily function
• Fatal injuries

Soft‑tissue injuries alone usually do not qualify unless proven permanent.

How the Tort Threshold Affects Auto Claims

• You can always claim economic damages (medical bills, lost wages)
• Pain‑and‑suffering requires meeting the threshold
• Medical documentation is critical
• Permanent injury must be certified by a physician

The threshold does not affect property damage claims — only bodily injury claims.

Florida‑Specific Notes

• Florida is a no‑fault state, making the Tort Threshold central to auto injury claims.
• PIP benefits apply regardless of fault.
• Bodily Injury (BI) coverage becomes important when injuries cross the threshold.
• Drivers without BI coverage may face personal liability if sued.

The Tort Threshold determines when Florida drivers can pursue pain‑and‑suffering damages after an accident, ensuring only serious injuries qualify for non‑economic compensation.

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