Personal Injury
Car Accident Attorney in Florida
Bodily Injury Claims, UM/UIM Coverage & Serious Injury Litigation
A serious car accident can leave you with mounting medical bills, lost income, and injuries that affect you for years. Florida's no-fault insurance system limits some claims — but if your injuries meet the threshold for a serious injury, you have the right to pursue a claim against the at-fault driver. Understanding your coverage and acting quickly to preserve evidence are critical.
Does Florida's No-Fault System Prevent Me From Suing?
Florida requires drivers to carry Personal Injury Protection (PIP) coverage, which pays a portion of your medical expenses and lost wages regardless of who caused the accident. However, PIP does not cover all of your losses — and it does not prevent you from bringing a claim against the at-fault driver if your injuries meet the 'serious injury' threshold. Under Florida law, a serious injury includes significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. If your injuries qualify, you can pursue a claim for pain and suffering, future medical care, and other damages not covered by PIP.
What Evidence Matters Most After a Car Accident?
The evidence you preserve in the days and weeks after an accident can determine the outcome of your case. The most important evidence includes: the crash report (request a copy from the investigating agency); photographs of the scene, your vehicle, the other vehicle, and any visible injuries; contact information for all witnesses; medical records documenting your injuries and treatment; and records of any lost wages or income. If the accident involved a commercial vehicle, a rideshare driver, or a government vehicle, additional evidence and notice requirements may apply. Do not give a recorded statement to any insurance company — including your own — without first consulting an attorney.
Bodily Injury Liability Insurance
The at-fault driver's bodily injury liability (BIL) insurance is typically the primary source of recovery for your injuries. Florida does not require drivers to carry BIL coverage — which means many at-fault drivers have no liability insurance at all. If the at-fault driver has BIL coverage, the policy limits may be inadequate to compensate you for serious injuries. An attorney can help you identify all available sources of recovery, including your own uninsured and underinsured motorist coverage.
Comparative Negligence in Florida
Florida follows a modified comparative negligence rule. If you were partly at fault for the accident, your recovery is reduced by your percentage of fault — and if you are found to be more than 50% at fault, you may not recover at all. Insurance companies routinely attempt to assign fault to injured parties to reduce or eliminate their liability. An attorney can help you document the facts and counter unfair fault assignments.
Permanent Injuries and Future Medical Care
In serious accident cases, the most significant damages are often future ones — future medical treatment, future lost earning capacity, and the ongoing effects of a permanent injury. Documenting these damages requires medical expert testimony, life care planning, and in some cases vocational rehabilitation experts. These are not damages that an insurance adjuster will volunteer to pay — they must be established through careful litigation.
How Long Do I Have to Bring a Car Accident Claim in Florida?
Florida's statute of limitations for personal injury claims arising from car accidents is generally two years from the date of the accident. Wrongful death claims have their own limitations period. Missing the deadline can permanently bar your claim. Consult an attorney promptly — evidence disappears, witnesses move, and insurance companies are not obligated to preserve evidence on your behalf.
Frequently Asked Questions
Should I give the insurance company a recorded statement?
No. You are not required to give a recorded statement to the other driver's insurance company, and doing so before consulting an attorney can harm your case. Insurance adjusters are trained to ask questions in ways that minimize the company's liability. Even statements that seem harmless can be used against you. Consult an attorney before giving any recorded statement — including to your own insurer.
What if the at-fault driver does not have insurance?
If the at-fault driver has no insurance, your own uninsured motorist (UM) coverage becomes your primary source of recovery. UM coverage pays for your injuries, lost wages, and pain and suffering when the at-fault driver is uninsured or cannot be identified (as in a hit-and-run). If you do not have UM coverage, your options are more limited — but an attorney can help you identify any other available sources of recovery.
Can I recover for future medical treatment?
Yes. If your injuries require future medical care — additional surgeries, physical therapy, pain management, or other treatment — you can recover the reasonable cost of that future care as part of your damages. Establishing future medical damages typically requires testimony from treating physicians or medical experts who can explain the nature of your injuries and the treatment you will need.
What if I was partly at fault for the accident?
Under Florida's modified comparative negligence rule, your recovery is reduced by your percentage of fault. If you are found to be 51% or more at fault, you may not recover at all. Insurance companies often try to assign fault to injured parties to reduce their exposure. An attorney can help you document the facts and present your case effectively.
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