Answers to the questions we hear most from people hurt in Florida accidents. Don’t see your question? Call 866-597-4529 for a free consultation, day or night.
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For most negligence claims, such as car accidents and slip and falls, you have two years from the date of the accident (for accidents on or after March 24, 2023). Other cases have different rules. Medical malpractice has its own deadlines and presuit steps, claims against government agencies require advance written notice, and cruise ship passengers usually must give notice within six months and sue within one year. Do not wait until the deadline is close.
Florida uses modified comparative negligence. Your recovery is reduced by your share of the fault. If you are found more than 50% at fault, you generally cannot recover anything. Insurance companies often try to shift blame to you, so be careful what you say after an accident.
Florida is a no-fault state. Your own Personal Injury Protection (PIP) coverage pays up to $10,000 of medical bills and lost wages, regardless of who caused the crash, but you must get medical care within 14 days. If your injuries are serious, you may be able to bring a claim against the at-fault driver and use your own uninsured/underinsured motorist coverage for the rest.
It depends on your injuries and how the insurance company responds. Many cases settle within months after you finish medical treatment. Cases that go into litigation often take one to two years or more. Settling too early, before you know the full extent of your injuries, can leave money on the table.
Most personal injury cases settle. Cases go to trial when the insurer disputes who was at fault, refuses to fairly value the injuries, or the policy limits are in question. Spencer Aronfeld is Board Certified in Civil Trial Law by The Florida Bar, and we prepare every case as if it will be tried. Insurers know that.
The main factors are your past and future medical bills, lost income and earning capacity, pain and suffering, how clearly the other side was at fault, and how much insurance is available. Good evidence, such as photos, witness statements, records and video, makes a big difference.
As soon as possible, and before you give a recorded statement to the other driver’s insurance company. Evidence like surveillance video can be erased within days, and early mistakes can hurt your claim.
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Call 866-597-4529Send us a messageBe polite, but do not give a recorded statement or sign anything until you talk to a lawyer. Adjusters are trained to find reasons to pay less.
Yes. Some injuries take days to show up, and in Florida you must get care within 14 days to use your PIP benefits. Gaps in treatment are also used against injured people.
Anything you have: the police or incident report, photos, insurance information, medical records and bills, and the names of witnesses. If you don’t have these yet, call anyway. We can get them.
Yes. We represent injured people throughout Florida, and cruise passengers from across the U.S. and around the world.
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