Personal Injury Law Questions in Florida

Yes. Florida requires all drivers to carry Personal Injury Protection (PIP) coverage of at least $10,000. After a car accident, your own PIP pays 80% of medical expenses and 60% of lost wages regardless of fault, up to the policy limit. However, PIP does not compensate for pain and suffering. To pursue a claim against the at-fault driver for full damages including pain and suffering, your injuries must meet Florida's serious injury threshold, which includes permanent injury, significant scarring or disfigurement, or death.

You must seek medical treatment within 14 days of the accident to qualify for PIP coverage; waiting longer disqualifies you from Florida PIP benefits. Even if you feel fine at the scene, seek medical attention the same day. Common car accident injuries, including whiplash, soft tissue damage, concussions, and spinal injuries, often do not produce immediate symptoms.

A contingency fee means you pay no upfront attorney fees and no hourly charges. Your personal injury lawyer only collects a fee if and when compensation is recovered on your behalf. In Florida, contingency fees are typically 33% of the total settlement or award if the case is resolved before a lawsuit is filed, and up to 40% if the case proceeds to trial. The fee agreement is signed in writing before any work begins. This arrangement gives every accident victim in Florida access to experienced legal representation without financial risk.

A settlement is a negotiated agreement between you and the at-fault party's insurance company that resolves the case without going to court. Settlements offer certainty and faster resolution, typically within six to eighteen months. A trial verdict is decided by a judge or jury after both sides present evidence and arguments, and can result in a higher award but also takes longer and carries uncertainty. My Trial Lawyer always evaluates both options and pursues the one that maximizes your total recovery.

Florida uses a modified comparative negligence system. Fault is allocated among all parties involved based on each party's contribution to the accident. If you are found 50% or less at fault, you can recover damages reduced by your percentage of fault. If you are found more than 50% at fault, Florida law bars you from recovering anything. Insurance companies routinely try to inflate the victim's fault percentage to reduce their payout, which is why having an experienced personal injury attorney protect your interests is critical.

The most important evidence includes accident scene photographs and videos, the police or incident report, witness names and contact information, all medical records and bills from every provider who treated your injuries, documentation of missed work and lost income, and any surveillance footage from nearby cameras. For rideshare cases, app data from Uber or Lyft showing the driver's status at the time of the crash is essential. Contacting a personal injury attorney in Florida as soon as possible after your accident is the most effective way to ensure this evidence is identified and preserved.

Yes, but a gap in medical treatment gives insurance companies a major argument that your injuries were not serious or were not caused by the accident. Florida insurers routinely use treatment gaps to justify lower settlement offers or outright denials. If you delayed care, seek treatment now and document all current symptoms in detail. A personal injury attorney can help explain the gap in the context of your overall recovery and counter the insurer's arguments with evidence and medical expert testimony.

Say as little as possible and consult a personal injury attorney before giving any recorded statement. You are typically required to notify your own insurer of the accident promptly, but you have no legal obligation to give a recorded statement to the at-fault driver's insurance company before speaking with a lawyer. Insurance adjusters are trained to ask questions that can be used to minimize or deny your claim. Contact My Trial Lawyer before engaging with any insurance representative so your rights are protected from the very beginning.