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Common questions
What to do when you're injured.
What should I do immediately after an accident?
First, get to safety and call 911 if anyone is hurt or the scene is unsafe. Accept medical evaluation even if you feel fine. Adrenaline can mask serious injuries, and the medical record creates documentation. Take photos of the scene, vehicles, your injuries, and anything relevant. Get contact info from witnesses. Exchange information with any other parties but do not admit fault or apologize. Report the incident to your own insurance company. Before giving a recorded statement to the other party's insurance, talk to an attorney.
How long do I have to file a personal injury claim?
In Florida, the statute of limitations for most negligence claims is two years from the date of the injury. This was shortened from four years by the 2023 tort reform. There are exceptions for claims involving minors, government entities, medical malpractice, or injuries that weren't immediately discoverable can have different timelines. Don't wait: evidence fades, witnesses move, and once the deadline passes the claim is gone regardless of merit.
Do I really need a lawyer for a personal injury case?
You're not legally required to have one. But for any case beyond minor soft-tissue injuries, the data consistently shows that represented claimants recover more, often substantially more, even after attorney fees are paid. Insurance adjusters negotiate cases for a living; most injured people do not. Initial consultations are free, so there's no cost to find out whether your case warrants representation.
What does a personal injury lawyer cost?
Almost all personal injury attorneys work on contingency. Typical fee in Florida is 33⅓% if the case settles before a lawsuit is filed, and 40% if a lawsuit is filed. If there's no recovery, there's no fee. You owe nothing. Case costs (filing fees, expert witnesses, depositions) are usually advanced by the firm and reimbursed from the recovery.
Should I talk to the other party's insurance company?
Not without speaking to an attorney first. Adjusters are trained to minimize payouts, and a recorded statement made early, before you fully understand the extent of your injuries, can be used against you for the rest of the case. With your own insurance company you typically have a duty to cooperate under your policy. With the other side, route communication through counsel.
What if I was partly at fault for the accident?
Florida uses modified comparative negligence (as of 2023). If you're found more than 50% at fault, you cannot recover anything. If you're 50% or less at fault, your recovery is reduced by your percentage of fault. A $100,000 case with 20% fault on you yields $80,000. Partial fault doesn't bar a claim; it just lowers the recovery.
How long does a personal injury case take?
Most cases settle without a trial in six to eighteen months from the date of injury. Cases that go to trial can take two to three years. Catastrophic injuries, multiple defendants, government parties, or complex liability disputes can extend the timeline. Quick settlements offered in the first few weeks are almost always undervalued. Insurance companies offer them precisely because the case isn't yet fully developed.
What is my case actually worth?
Case value comes from a combination of economic damages (medical bills, future medical care, lost wages, lost earning capacity), non-economic damages (pain and suffering, loss of enjoyment of life), available insurance coverage, the strength of the liability evidence, and any fault attributed to you. The calculator on this page gives a best-guess range; an attorney with your full medical records and the other side's policy limits can give you a much more precise number.