Frequently Asked Questions

About Personal Injuries in Florida

If this page doesn’t answer your question, please click the chat bubble.

1. What is a personal injury?

A personal injury refers to physical, emotional, or financial harm suffered due to another’s negligence or intentional actions.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

2. What should I do immediately after an accident?

Seek medical attention, report the incident to authorities, document the scene with photos, gather witness information, and avoid discussing fault.

Next step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

3. How do I know if I have a personal injury case?

If you’ve suffered injuries due to someone else’s negligence, you may have a case. Consulting with a personal injury attorney can provide clarity.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

4. How long do I have to file a personal injury claim in Florida?

As of March 2023, Florida’s statute of limitations for personal injury claims is two years from the date of the injury.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

5. What types of compensation can I receive?

Compensation may include medical expenses, lost wages, pain and suffering, and property damage.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

6. How is negligence determined?

Negligence is established by proving the responsible party owed a duty of care, breached that duty, and caused your injuries as a result.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

7. What if I am partially at fault for the accident?

Florida follows a modified comparative negligence rule, allowing you to recover damages reduced by your percentage of fault, as long as you are less than 51% at fault.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

8. How long will my case take to resolve?

The duration varies based on case complexity, but many personal injury cases settle within one to two years.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

9. Will my case go to trial?

Many personal injury cases are settled out of court. However, if a fair settlement isn’t reached, the case may proceed to trial.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

10. How much does it cost to hire a personal injury lawyer?

Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

11. What is the personal injury claims process?

It involves filing a claim, investigating the incident, negotiating with insurance companies, and potentially going to trial if a settlement isn’t reached.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

12. What should I avoid doing after an accident?

Avoid admitting fault, providing recorded statements without legal counsel, and posting details about the accident on social media.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

13. Can I handle my personal injury claim without a lawyer?

While possible, it’s not advisable. Insurance companies may offer lower settlements to unrepresented individuals. An attorney can help maximize your compensation.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

14. What if the at-fault party doesn’t have insurance?

You may seek compensation through your own uninsured/underinsured motorist coverage or pursue a lawsuit against the at-fault party directly.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

15. How are pain and suffering damages calculated?

These damages are subjective and consider factors like the severity of injuries, impact on daily life, and duration of recovery.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

16. What is a contingency fee?

It’s a payment structure where the attorney only gets paid if you recover compensation, typically taking a percentage of the settlement or award.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

17. Can I reopen a settled personal injury case?

Generally, once a case is settled and you’ve signed a release, you cannot reopen it. It’s crucial to ensure the settlement covers all future expenses.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

18. What is the role of insurance adjusters?

Insurance adjusters investigate claims, assess damages, and negotiate settlements on behalf of the insurance company.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

19. What is a “Waiver of the Constitutional Right” in medical malpractice cases?

It’s a document that a client signs to waive the constitutional limits on attorney fees in medical malpractice cases, permitting the attorney to charge a higher contingency fee.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

20. How long must a lawyer retain my case file?

A lawyer is required to retain trust account records and other case-related documentation for a minimum of six years after the case is closed, as per The Florida Bar rules.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

21. What is the statute of limitations for personal injury cases in Florida?

In Florida, the statute of limitations for most personal injury cases is four years from the date of the injury. For medical malpractice and wrongful death cases, the time limit is two years.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

22. Can I sue if I was partially at fault for an accident?

Yes, Florida follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

23. What is the difference between economic and non-economic damages?

Economic damages cover quantifiable financial losses such as medical expenses and lost wages, while non-economic damages compensate for intangible losses like pain and suffering.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

24. Are punitive damages available in personal injury cases?

Punitive damages may be awarded in cases where the defendant’s conduct was especially reckless or intentional, but Florida caps punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.

25. What should I do immediately after a personal injury accident?

After an accident, you should:

• Seek medical attention immediately.

• Report the incident to the proper authorities.

• Gather evidence such as photos, witness statements, and police reports.

Next Step:

→ See the recommended law firm in your city.

→ See the recommended chiropractors in your city.

→ See the recommended insurance adjusters in your city.