Frequently asked
Florida Accident Law FAQ
Ten of the most common questions we hear about Florida injury cases — answered in plain English.
How long do I have to file an injury lawsuit in Florida?
For accidents occurring on or after March 24, 2023, most negligence-based injury claims (car, motorcycle, truck, slip-and-fall) must be filed within two years of the accident. Wrongful death claims run two years from the date of death. Claims against a government entity have additional pre-suit notice requirements under §768.28.
Do I have to see a doctor within 14 days after a Florida car accident?
Yes — if you want to keep your PIP benefits. Florida Statute §627.736 requires initial medical care from a qualifying provider (M.D., D.O., dentist, chiropractor, hospital, PA, or ARNP) within 14 days of the crash. Miss the window and you lose PIP entirely.
What does PIP actually cover?
PIP covers 80% of reasonable medical expenses and 60% of lost wages, up to $10,000 total, plus $5,000 in death benefits. It pays regardless of fault. It does not cover pain and suffering or vehicle damage. Access to the full $10,000 typically requires a documented Emergency Medical Condition; otherwise the cap is $2,500.
Is Florida a no-fault state?
For car accidents, yes — Florida requires drivers to carry PIP and pay their own smaller medical costs through their own insurer. But you can step outside no-fault and sue the at-fault driver for pain and suffering if your injuries meet the serious-injury threshold in §627.737(2).
What is Florida's comparative negligence rule?
Since 2023, Florida uses modified comparative negligence with a 50% bar. If you're 50% or less at fault, your recovery is reduced by your percentage of fault. If you're more than 50% at fault, you recover nothing (except in medical malpractice cases, which remain pure comparative).
Can I sue if I wasn't wearing a seatbelt or helmet?
Yes. Non-use is not automatic negligence in Florida, but the defense can argue it made your injuries worse. Under comparative negligence, that can reduce your recovery — sometimes significantly.
How much does it cost to hire a Florida injury lawyer?
Almost all Florida injury lawyers work on contingency: no fee unless they recover money. Standard fees are capped by The Florida Bar at 33⅓% pre-suit and 40% after a defendant's answer, on the first million dollars. Costs (filing fees, experts) are separate and should be spelled out in writing.
Should I accept the insurance company's first settlement offer?
Almost never. Early offers are typically far below case value because insurers want to close the file before the full extent of injuries and future costs is known. Once you sign a release, the claim is over — even if you later need surgery.
What if the driver who hit me had no insurance?
This is common in Florida — bodily injury liability coverage is not mandatory for most drivers. If you carry uninsured/underinsured motorist (UM) coverage on your own policy, it steps in. If your UM is 'stacked,' the limit is multiplied by the number of covered vehicles.
How long does a Florida injury case take?
Simple cases can settle in a few months once treatment is complete. Litigated cases typically take 12 to 24 months, sometimes longer if they go to trial or appeal. The single biggest variable is how long medical treatment continues — settling before you reach maximum medical improvement almost always undervalues the claim.