When there are school bus accidents in Florida, the issue of who pays medical bills becomes a very gray area. Today, many victims of accidents mistakenly believe that the school district or negligent driver will automatically pay for the expenses. Nevertheless, Personal Injury Protection (PIP) coverage drastically affects how these claims are processed in the state. If you or someone in your family have been injured as a bus passenger or because of an accident with a school bus, understanding the no-fault system in Florida is critical for ensuring that you receive the necessary compensation.
At Dennis Hernandez Injury Attorneys, we have won millions and millions for our injured clients all across the state. If you or your child were injured in a Lakeland-area school bus crash, we’re here to explain what PIP means for your case and whether you have the ability to seek compensation on top of it. We fight to get you paid!
What Is Florida’s No-Fault Pip Insurance And How Does It Work?
PIP insurance is required for most drivers under Florida’s no-fault law, as set forth by Florida Statutes § 627.736. PIP is supposed to provide fast payouts for medical bills, lost salary and other expenses without having to show who was at fault. PIP coverage Florida will typically pay as much as $10,000 for injuries sustained in a motor vehicle accident.
According to the statute:
- Coverage for 80% of necessary medical expenses.
- Lost wages: 60% of lost wages are covered.
- A $5,000 death benefit applies in the case of the policyholder dying in a crash.
And in the event that another driver was at fault, your own PIP coverage Florida steps in before you’re allowed to pursue relief for pain and suffering or other non-monetary losses against the other driver.
Are School Bus Occupants Covered By Pip?
Yes — but with important conditions. School Buses The vast majority of Florida school buses are not “private passenger motor vehicles” and need not have PIP at all. But with a student or adult injured while riding on a school bus, you should look to that individual’s own PIP coverage Florida (or the policy of the parent/household member whose motor vehicle insurance is applicable) for coverage.
If your child is injured in a school bus crash in Lakeland, your personal auto policy may provide PIP coverage Florida. Most school bus accident lawyers in Florida will begin by filing a PIP claim with your insurance company before exploring additional legal options.
What Happens When The Injured Victim Doesn’t Have PIP?
If you do not own a vehicle and are not in a household with an insured vehicle, the injured party may not have PIP coverage Florida. In some of these crashes, the victim may have a claim against the driver at fault (if known), the school district, or even a third party. Meeting with a Lakeland personal injury attorney is crucial if such coverage gaps exist.
What Are Common Injuries In School Bus Collisions?
While buses are generally safer thanks to their size and slower speeds, injuries do occur. Common examples include:
- Whiplash
- Broken bones
- Traumatic brain injuries (TBIs)
- Internal injuries
- Lacerations from glass or debris
Over 4,800 school bus–related injuries took place in the U.S. just last year, as reported by the National Safety Council. Many of these children involved in accidents, are also susceptible to trauma during crashes.
If your child has been injured in any of these ways, the claims process should be handled by a Lakeland injury attorney.
Can You File A Lawsuit Even If PIP Applies?
Yes. It is an inaccurate statement that PIP bars all lawsuits. Here is how it works In Florida you can file a personal injury claim when:
- You suffered a permanent injury,
- You have been left with substantial and permanent scaring or disfigurement,
- You suffered a permanent loss of use of a part or system of the body, or
- A loved one was killed in the crash.
These thresholds, which are defined in Florida Statutes § 627.737, entitle you to pursue damages in excess of PIP coverage Florida’s restricted amount. An experienced Lakeland FL accident attorney can evaluate the severity of your injuries and determine if they satisfy these legal thresholds.
What Legal Options Exist For Parents Of Injured Children?
Children under 18 usually cannot sue on their own. But it is acceptable for parents or guardians to file instead on their behalf. For example, this is very significant in a school bus collision where liability can be complicated.
An experienced Lakeland injury attorney from an accident law firm near you who deals with child injuries can assist families in getting compensated for:
- Medical expenses
- Pain and suffering
- Mental health counseling
- Long-term rehabilitation
- Educational impacts
When Can A School District Be Held Liable?
Florida’s school districts are government entities and thus subject to different rules. As introduced here, the government contract involved is a limited waiver of Florida’s sovereign immunity.” Under Florida Statutes § 768.28 states that government entities have “sovereign immunity” providing some level of protection against personal injury claims for which it could be held liable. But the state permits those injured to sue government entities in certain situations.
To prevail, you must show:
- Negligence of a government employee (such as a bus driver),
- It happened in the course and scope of their employment,
- The victim sustained damages, and
- No immunity exception applies.
A seasoned litigation lawyer Florida can evaluate whether sovereign immunity is applicable in your case and assist you with filing a claim against the district in a timely manner.
What Is The Statute Of Limitations For Bus Accident Claims?
Florida cut its statute of limitations in half on general negligence claims effective 2023 from four years to two years as provided for by HB 837. You typically have two years from the date of an accident to file a claim, even those against school districts.
Wait too long and you may forfeit your right to seek compensation, even in some serious injury cases.
How Do You Know If The Bus Driver Was Negligent?
Negligence may involve:
- Being distracted while driving (for example, by cellphones),
- Failure to yield at railroad crossings,
- Driving under the influence,
- Violating school transportation rules,
- Speeding in poor weather.
An attorney who specializes in motor vehicle accident will thoroughly check out the bus driver, gather interviews and review dash cam or surveillance tapes for your case.
Can The Bus Manufacturer Or Maintenance Contractor Be Sued?
In some cases, yes. If the bus had suffered mechanical problems or some sort of design defect that caused or contributed to the crash, your Lakeland auto accident attorney can assert product liability and negligent maintenance claims. Florida courts have recognized such claims where there is evidence of a defect in manufacturing or disregard for maintenance practices.
What Happens When Multiple Children Are Injured?
Insurance in mass casualty bus accidents can be complex. School districts and insurance companies may seek to split limited coverage among numerous accident victims Lakeland. Because of this it is not uncommon for settlements to be inadequate, especially when injuries are very serious.
Your personal injury attorney in Lakeland, FL should consider whether there are other policies or parties who may be responsible to help ensure full recovery for your injuries.
What Damages Can You Recover In A Bus Crash Claim?
Injured victims in such cases may receive compensation that, depending on the specifics, could include:
- Economic losses (i.e. hospital and doctor bills, therapy, lost wages),
- Noneconomic damages (pain and suffering, emotional distress)
- Future medical expenses, and
- Wrongful death damages (if applicable).
To have access to this injury compensation Florida solution, you need prove that there was loss of lives and liability under the law. It is important to retain a competent personal injury lawyer Lakeland who can prevent you from being undercompensated or denied outright by insurance companies.
Are There Limits On Recovery In Government Claims?
Yes. Under Florida law, damages are limited to $200,000 per person or $300,000 per incident in cases involving government entities unless claims bills are passed by the Legislature. These caps even apply if your personal injury damages in Florida are WAY more than that.
Given these limitations, your attorney will also investigate private-party fault or negligent driver crash Lakeland claims against contractors, other drivers, or bus makers.
Can Wrongful Death Be Claimed If A Child Dies?
Regrettably, some of these accidents are fatal. When this is the case, relatives of a deceased newborn may have grounds to file a wrongful death claim pursuant to Florida Statutes § 768.19. A Lakeland wrongful death lawyer could assist families in seeking compensation for funeral expenses, mental anguish, and loss of consortium.
Why Is The Initial Legal Consultation Important?
the initial consult with a Lakeland personal injury attorney at the beginning of your written legal fee agreement, it states that “contacting us does not create an attorney-client relationship. They’ll learn how to:
- File insurance claims properly,
- Document injuries,
- Protect PIP eligibility,
- Avoid settlement pitfalls, and
- Preserve evidence.
Best of all, at most firms including ours, the first meeting is free. This allows injury victims to assess their legal rights with no financial risk.
How Do Insurance Companies Try To Deny School Bus Injury Claims?
Insurers frequently attempt to:
- Blame the child or parent,
- Dispute that injuries are serious,
- Raise that the school is hedged from liability,
- Pay you a smaller amount under the rules of accident compensation Lakeland.
To combat these tactics, it is important to work with a Florida injury law firm with experience. Lawyers can use litigation pressure to get insurers to offer fair value or go to trial with a case.
When Should You Speak With A Lawyer?
Immediately. And the longer it takes, the more difficult it is to collect evidence and meet legal deadlines. Even if you are hurt on the bus, or struck by it, do not wait to call a car accident attorney Lakeland.
This is true even what you have already received PIP benefits; you may still be eligible for additional compensation through a personal injury lawsuit or wrongful death claim.
Why Choose Dennis Hernandez Injury Attorneys?
At Dennis Hernandez Injury Attorneys we know the kinds of harm and havoc school bus accidents can cause to children and families. We have established ourselves as one of the best personal injury law firms in Lakeland, winning millions and millions for clients.
We offer:
- Free case reviews,
- Aggressive trial-ready representation,
- Local Lakeland knowledge, and
- Personalized attention from day one.
Don’t settle for less. We fight to get you paid!
Recommended Reading
- Understanding Personal Injury Laws in Florida
- Costly Mistakes to Avoid After an Accident
- Defense Tactics Used by Insurance Companies
- Fatal Motorcycle Crashes and Wrongful Death Claims
- Florida 18-Wheeler Accident: Settlement Timeline
- Following a tractor-trailer tire blowout accident what course of action should you take?
