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

Most personal injury claims must be filed within 2 years of the accident (§95.11(4), Fla. Stat.). Some cases, such as wrongful death, medical malpractice, or claims against government agencies, may have different timeframes or presuit requirements.

What if I am partially at fault for my accident?

Florida follows modified comparative negligence (§768.81, Fla. Stat.). If you are less than 50% at fault, you may still recover damages, reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover compensation.

Do I need to give notice before filing a lawsuit?

Yes, for certain cases:

• Government claims – written notice to the agency and the Florida Department of Financial Services (§768.28, Fla. Stat.). 
• Medical malpractice – presuit notice and an expert affidavit (§766.106, Fla. Stat.).
  Other negligence cases usually do not require presuit notice. 

Will my case go to court?

Not always. Many cases settle before trial, but if the insurance company refuses to pay fairly, we are prepared to take your case to court.

How much is my case worth?

Case value depends on your injuries, medical expenses, lost wages, long-term effects, pain and suffering, and liability issues. Each case is unique — no “average settlement” applies to every claim.

Do I have to pay upfront to hire a personal injury lawyer?

No. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

What types of damages can I recover?

• Economic damages: medical bills, lost wages, property damage. 
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life. 
• Wrongful death damages: funeral expenses, lost support, and companionship (§768.21, Fla. Stat.). 

What should I do immediately after an accident?

• Get medical attention right away (even if you feel fine). 
• Report the accident (police, property owner, or employer, depending on circumstances). 
• Take photos of injuries, vehicles, or dangerous conditions. 
• Get witness contact information. 
• Contact an attorney before speaking with the insurance company. 

What if the person who injured me doesn’t have insurance?

You may still recover through:

• Your own uninsured/underinsured motorist (UM/UIM) coverage (auto accidents). 
• Premises liability insurance (property owners). 
• Direct lawsuits against the negligent individual, though collection may be difficult. 

Can I still bring a case if my injuries developed later?

Yes. Florida’s statute of limitations begins from the date of the accident or when the injury was discovered (or should have been discovered) in cases like medical malpractice. Prompt medical evaluation helps protect both your health and your legal rights.

How long does a personal injury case take in Florida?

It depends. Some cases settle in a few months, while others — especially those that go to trial — can take a year or more. Factors include the severity of injuries, how quickly you reach maximum medical improvement, and whether the insurer disputes liability.

Can I post about my accident on social media?

It’s strongly discouraged. Insurance companies and defense lawyers often review social media for evidence to use against you. Even innocent posts can be misinterpreted.

What if I was injured on government property in Florida?

Claims against government entities have strict rules under §768.28, Fla. Stat.:

• Notice must be given within 3 years (2 years for wrongful death). 
• Damages are capped ($200,000 per person, $300,000 per incident unless the legislature approves higher). 

What happens if the insurance company refuses to settle?

If the insurer denies or undervalues your claim, your attorney may file a lawsuit. If the case goes to trial, a jury can decide liability and damages. In some cases, you may also pursue a bad faith insurance claim if the insurer acted unfairly.

Contact Us for a Free Consultation

If you’ve been injured in Florida, don’t wait — strict deadlines and procedural requirements can affect your case. Our team is ready to evaluate your claim, explain your rights, and fight for the justice you deserve.

Call us today for a free consultation or send a message through our Contact page and we’ll get back to you promptly.