The first 72 hours
- Get medical care — even if you "feel fine." Florida's PIP coverage requires treatment within 14 days, and many serious injuries (concussions, soft-tissue, internal) only present hours or days later.
- Document the scene. Photos of vehicles, license plates, the road, traffic controls, and your visible injuries.
- Get the crash report. Florida crash reports are available at flhsmv.gov roughly 10 days after the accident.
- Do not give a recorded statement to the at-fault driver's insurance company. You are not required to.
- Do not sign anything. Insurance releases are often broader than they appear.
- Call an attorney before any settlement discussion.
What Florida law says (2026 update)
Florida's personal injury landscape changed significantly with the 2023 tort reform. The key rules now:
Statute of limitations: 2 years. For most negligence claims, you have two years from the date of the accident to file a lawsuit. This was reduced from four years.
No-fault and PIP. Every Florida driver is required to carry $10,000 in Personal Injury Protection. PIP pays 80% of medical expenses and 60% of lost wages regardless of fault, provided you receive initial medical treatment within 14 days. PIP does not cover pain and suffering.
Modified comparative negligence. If you are more than 50% at fault, you cannot recover. If you are 50% or less at fault, your recovery is reduced by your percentage of fault.
The serious injury threshold. To pursue a third-party claim against the at-fault driver for pain and suffering, your injuries must meet Florida's serious injury threshold — significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
What you can recover
Damages in a Florida car accident case generally fall into two categories.
Economic damages. Past and future medical expenses, lost wages, lost earning capacity, property damage, and rehabilitation costs.
Non-economic damages. Pain and suffering, mental anguish, loss of enjoyment of life, and — in cases involving a married plaintiff — loss of consortium for the spouse.
Insurance company tactics we see
The fast lowball offer. The first call from an adjuster is often a settlement offer made within days of the accident, before the full extent of your injuries is known. Once accepted, the offer extinguishes the claim — including any future medical needs.
The recorded statement. Adjusters request "just a quick statement" framed as routine. The transcript is then mined for inconsistencies and used at deposition.
The independent medical examination. The "IME" is performed by a doctor selected and paid by the insurance company, often with a long history of testifying for defendants. Their reports are predictably skeptical of subjective injuries.
Why this matters with our firm
Both partners are Florida Bar Board Certified Civil Trial Specialists. Both have tried over 100 jury trials. When the insurance company sees who's representing you, they understand the case will be tried if it has to be. That changes the offer.