Florida sees a high number of accidents every year, from congested highways in Miami to dangerous intersections in Tampa and Orlando. After an accident, it’s normal to have questions about what to do, how to pay medical bills, and how to protect your rights. This guide answers some of the most common questions people have after serious injuries or fatal crashes in Florida.
How long do I have to file a personal injury claim in Florida?
Florida’s statute of limitations for most personal injury claims is two years from the date of the accident. This includes car accidents, slip and falls, and other injury cases. If you miss this deadline, the court may dismiss your case. It’s important to act quickly and speak with a personal injury lawyer to stay within the legal time limits.
What should I do immediately after an accident in Florida?
First, call 911 to report the accident and request medical help if needed. Take photos of the vehicles, any injuries, and the accident scene. Exchange contact and insurance information with the other parties involved. Then, contact your insurance company and consider talking to an attorney before signing any paperwork or accepting a settlement.
Do I need to report all car accidents in Florida?
Yes. Florida law requires you to report any car accident involving injury, death, or property damage over $500. If a law enforcement officer responds to the scene, they will file a crash report. If police don’t come, you must file a report yourself with the Florida Department of Highway Safety and Motor Vehicles within 10 days.
Can I still recover damages if I was partly at fault?
Florida follows a modified comparative negligence system. This means you can still recover compensation if you were partially at fault, as long as you are not more than 50 percent responsible. Your compensation will be reduced by your percentage of fault. If you are found more than 50 percent at fault, you cannot recover damages.
What types of compensation are available in a Florida personal injury case?
You may be eligible to receive compensation for medical expenses, lost wages, property damage, and pain and suffering. If your injuries are severe or permanent, you could also recover damages for future care or lost earning potential. In certain cases, punitive damages may be awarded. The exact amount depends on the facts of your case.
How can I get a copy of my Florida crash report?
You can request a crash report from the Florida Department of Highway Safety and Motor Vehicles online at https://www.flhsmv.gov. You will need the date of the accident, location, and names of the people involved. Reports usually become available within 10 days of the crash and may require a small fee.
What happens if a loved one dies in an accident?
Florida allows surviving family members to file a wrongful death lawsuit when someone is killed due to negligence or wrongful actions. These lawsuits can seek compensation for funeral expenses, lost income, and loss of companionship. A personal representative of the deceased’s estate typically files the claim on behalf of the family. The deadline to file is two years from the date of death.
What if the driver who caused the crash doesn’t have insurance?
If you have uninsured motorist (UM) coverage, your insurance may help cover your injuries. Florida does not require drivers to carry bodily injury liability coverage, so many people don’t have insurance to pay for your medical bills. Without UM coverage, you may need to sue the at-fault driver personally, which may not be effective if they have no assets.
Are there financial assistance programs available for accident victims in Florida?
Yes. Florida residents may be eligible for Medicaid, Supplemental Nutrition Assistance Program (SNAP), or the Florida Crime Victims Compensation Program. These programs can help with medical bills, lost wages, and mental health support. You can apply for state aid through the Florida Department of Children and Families.
Should I accept the insurance company’s first settlement offer?
It’s usually a mistake to accept the first offer without reviewing it carefully. Insurance companies may try to settle quickly and for less than what your claim is worth. Once you accept a settlement, you often can’t request more money later. An attorney can help you decide whether the offer covers all of your needs.
Can I sue a government agency if I was injured on public property?
Yes, but there are special procedures for suing government entities in Florida. You must file a notice of claim before bringing a lawsuit, and there are strict time limits and damage caps. These claims are more complex and require extra legal steps. A lawyer familiar with state laws can help you follow the proper process.
What should I do if I was injured at work?
If you were hurt on the job, you may qualify for workers’ compensation. This can cover medical expenses, partial lost wages, and rehabilitation. You must report your injury to your employer within 30 days. If someone outside your workplace was responsible, you might also have a third-party personal injury claim.
How long does a personal injury case take to settle in Florida?
Some cases are resolved within a few months, while others take a year or more. The timeline depends on how complex the case is, how severe your injuries are, and whether a lawsuit is filed. Cases involving serious injuries or disputed liability may take longer. An attorney can give you a more accurate estimate after reviewing your situation.
Do I need a lawyer to handle my personal injury case?
You are not legally required to hire a lawyer, but doing so can greatly improve your chances of receiving fair compensation. A lawyer can help with paperwork, negotiations, and gathering evidence. Most personal injury attorneys in Florida work on a contingency fee basis, so you don’t pay unless they win your case.