Plain-English answers
to Florida injury law.
Deadlines, rights, and the steps that actually move your case forward — written for people, not lawyers.
*General information only — not legal advice. Every case is fact-specific. Consultations are free and explained in plain English.
Three numbers
every Florida injury victim should know.
Miss any of these and the rest of the case becomes harder — sometimes impossible. Read the rules, then dig into the guides below.
To see a doctor for PIP coverage to apply.
To file most negligence claims under Florida law.
More than 50% at fault and you can't recover at all.
Find what you
actually need.
Every guide is organized into one of four categories — so whether you're three days post-accident or three months into a denied claim, you can land on the answer fast.
After An Accident
The first 72 hours: scene, evidence, medical treatment, insurance.
Florida Law
PIP, no-fault, comparative negligence, statute of limitations.
Insurance & Claims
How carriers value claims, why offers come in low, how to push back.
Case Process
What happens between intake and resolution — demystified.
What to do after
a Florida car accident.
The first 72 hours after a crash are the most important hours of your case — for your health, for the evidence, and for what an insurance carrier eventually offers you. Six steps that consistently change outcomes.
- Step 01
Get to safety, then call 911
If you can move safely, get out of the path of traffic. Florida law requires you to report the incident to the nearest police department if there is any injury or property damage above the statutory threshold.
- Step 02
Don't admit fault
Describe what happened factually. Apologies and "I should have..." statements end up in adjuster notes and weaken your claim. Stick to the facts.
- Step 03
Get medical care within 14 days
Florida's PIP system requires you to seek medical treatment within 14 days of the accident to access PIP benefits. Concussions and soft-tissue injuries often surface days later — don't wait.
- Step 04
Document everything
Photos of vehicles, plates, the scene, your visible injuries; witness names and phone numbers; the responding officer's name and case number. The first hour is when the best evidence exists.
- Step 05
Notify your insurance — carefully
You generally must notify your own carrier promptly. You are not required to give a recorded statement to the other driver's insurance, and you should speak to an attorney before you do.
- Step 06
Keep a paper trail
Police report, ER records, every imaging scan, every follow-up visit, every prescription. A short daily journal of pain levels and missed work makes a real difference at settlement time.
We can still help. Call us before the next conversation with the carrier.
Three rules that
shape every case.
Florida law changed in 2023 — in big ways. If you're researching an injury claim and reading older articles online, most of what you find is now out of date. Here's the current state of three rules that matter most.
Florida is a no-fault state
Regardless of who caused the crash, your own Personal Injury Protection (PIP) coverage typically pays the first round of medical bills and a portion of lost wages — up to your policy limits.
- Standard PIP coverage in Florida is $10,000 per person.
- You generally must seek medical treatment within 14 days of the accident to access PIP benefits.
- PIP pays 80% of necessary and reasonable medical expenses and 60% of lost wages, up to policy limits.
- A "serious injury" can let you step outside the no-fault system and pursue full damages from the at-fault driver.
Florida's 51% rule
In March 2023, Florida moved from pure to modified comparative negligence under HB 837. The change reshaped how fault is assigned and recovery is calculated in nearly every injury case.
- If a jury finds you more than 50% at fault for your own injury, you recover nothing.
- If you're 50% or less at fault, your damages are reduced by your fault percentage.
- Medical malpractice claims are exempt and remain under pure comparative negligence.
- Insurance carriers will push hard to inflate your fault percentage — this is one of the central battles of every modern Florida injury case.
Two years to file most claims
HB 837 also cut Florida's general negligence statute of limitations in half — from four years down to two. The change applies to causes of action that accrued after March 24, 2023.
- Most personal injury negligence claims must be filed within 2 years of the date of injury.
- Wrongful death actions must generally be filed within 2 years of the date of death.
- PIP benefit disputes against your own insurer follow a 5-year contract-claim limit.
- Claims against government entities have additional notice deadlines that can be far shorter — sometimes as little as 3 years with strict pre-suit requirements.
Every guide
in the library.
Pick a topic, jump straight to the guide you need, or use the categories above to browse by life-stage of your case — from the day of the accident to the day a check arrives.
Dealing with insurance carriers
How adjusters value claims, why first offers come in low, and what actually moves the needle on a settlement number.
How insurance adjusters value injury claims
The math behind a settlement offer — medicals, lost wages, pain and suffering multipliers, and the soft factors that often matter more than any of them.
Why your first offer is almost always low
The opening number is rarely the real number. Why carriers test the water with a low offer and how to read what comes next.
When you should — and shouldn't — give a recorded statement
You're typically not required to give one to the other driver's insurance. Here's how a recorded statement gets used and when it works against you.
What to do when an insurance carrier denies your claim
Common denial reasons, how to read a denial letter, and the realistic options for pushing back — including a bad-faith claim under Florida law.
PIP, BI, UM, and UIM — the coverages explained
Florida auto insurance has four overlapping coverage types that can apply to one accident. Knowing which one is on the hook is half the case.
What happens between intake and settlement
From the first call to the final check — the actual sequence of a Florida injury case, in the order it really happens.
What to bring to your free consultation
Police report, medical records, photos, insurance information — the documents that let an attorney give you real answers in the first conversation.
Demand letter to settlement — the timeline
How long each phase actually takes, why some cases settle in 90 days and others stretch past a year, and what controls the pace.
Will my case go to trial?
Most don't. But the ones that do tend to recover the most. Here's how to read the signals early in your case.
Contingency fees, costs, and what you actually take home
No fee unless we recover compensation — but what does that mean in practice? The math on contingency, costs, and the disbursement statement at closing.
Liens, subrogation, and why they take a bite at the end
Health insurers, hospitals, and Medicare often have a right to be repaid out of your settlement. How those liens work and how a good firm negotiates them down.
More guides for the first 72 hours
Beyond the headline checklist — the specific situations that come up immediately after a Florida crash.
Hit-and-run in Florida: what to do
Even when the at-fault driver flees, your own UM coverage may apply. The right moves in the first 24 hours can preserve the case.
When to refuse the ambulance
Florida courtrooms see a lot of cases where the injured party turned down medical care at the scene. Why that decision can hurt you and when it's the right one anyway.
Photos that actually help your case
Plates, both vehicles, the scene from multiple angles, road conditions, your visible injuries — the shots adjusters look for and the ones they wish you missed.
The questions
we hear most.
The seven questions that come up in almost every first call. If yours isn't covered here, it's probably in one of the longer guides above — and if not, the consultation is free.
Most negligence-based personal injury claims in Florida must be filed within 2 years of the date of the injury, under the rules that took effect in March 2023. Wrongful death actions generally follow the same 2-year window. Claims involving government entities, products liability, and medical malpractice can have different deadlines — some shorter and with strict pre-suit notice requirements. The earlier you call a lawyer, the more options you have.
Yes — as long as you're not more than 50% at fault. Florida moved from pure to modified comparative negligence in 2023. If a jury finds you 50% or less at fault, you can recover, but your award is reduced by your fault percentage. If you're found more than 50% at fault, you recover nothing. Insurance carriers will push hard to inflate that percentage, which is one reason representation matters.
Your PIP benefits may be lost, but a third-party liability claim against the at-fault driver can still exist. The 14-day rule is specific to PIP coverage; it doesn't end your right to pursue compensation from the person who caused the crash. Talk to a lawyer before assuming the door is closed.
You are not legally required to give a recorded statement to the other driver's insurance carrier. Anything you say can be used to reduce or deny your claim later. Most attorneys will tell you to politely decline a recorded statement until you've had a free consultation.
Personal injury cases at our firm are contingency-based. There's no retainer, no hourly bill, and no out-of-pocket cost to start. The firm only gets paid if it recovers money for you, and the percentage is fully explained before you sign anything.
Most don't. The vast majority of injury cases settle before trial — but the cases that recover the most are usually handled by firms that the insurance carriers know are willing to try them. Trial readiness is leverage, even when the case never reaches a courtroom.
It depends on the severity of injuries, how cooperative the carrier is, and whether liability is contested. Straightforward cases can resolve in a few months once medical treatment is complete. Cases that require litigation typically run 12–24 months. We'll give you a realistic timeline at the consultation.