What to Do
After an Accident in Florida
The actions you take in the hours and days immediately following an accident in Florida directly affect the strength of your injury claim. Insurance adjusters may contact you within 24 hours. Evidence degrades quickly. Injuries that don't seem serious initially can turn out to be significant. Here is the right sequence.
Florida's No-Fault
PIP System
Florida is a “no-fault” state for auto accidents, meaning your own Personal Injury Protection (PIP) insurance pays your initial medical expenses and lost wages regardless of who caused the accident. Understanding PIP is essential to understanding how Florida accident claims work.
What PIP Covers
| PIP Benefit | Coverage | Limit |
|---|---|---|
| Medical expenses (emergency medical condition) | 80% of reasonable charges | Up to $10,000 |
| Medical expenses (non-emergency) | 80% of reasonable charges | Up to $2,500 |
| Lost wages | 60% of gross wages lost | Within total PIP limit |
| Death benefit | $5,000 | Separate from medical/wage benefit |
Beyond PIP: The Third-Party Claim
PIP pays regardless of fault but is limited to $10,000. To recover more — and to recover for pain and suffering, which PIP does not cover — you must bring a third-party claim against the at-fault driver. This requires meeting Florida's serious injury threshold.
HB 837
Florida's 2023 Tort Reform
Florida HB 837, signed in March 2023, made the most significant changes to Florida personal injury law in decades. These changes primarily benefit insurance companies and defendants. Understanding them is essential for anyone pursuing a Florida injury claim after March 2023.
Modified Comparative Negligence: Florida changed from pure comparative negligence (any degree of fault could recover) to modified comparative negligence. Plaintiffs who are found more than 50% at fault cannot recover anything.
Bad Faith: New requirements make it more difficult for claimants to pursue insurers for bad faith handling of claims.
One-Way Fee Provisions: Eliminated in most property insurance and significantly limited in personal injury cases.
What Modified Comparative Negligence Means for You
Before HB 837, even if you were 90% at fault for an accident, you could still recover 10% of your damages from the other party. Under the new modified system, if you are found more than 50% at fault, you recover nothing. Insurance companies now aggressively argue that injured plaintiffs were more than 50% responsible for their own accidents. Building a strong, evidence-based case that clearly establishes the other party's primary fault is more critical than ever.
The Serious Injury Threshold
Stepping Outside No-Fault
To bring a claim against the at-fault driver beyond your own PIP — to recover for pain and suffering, full lost wages, and future medical costs — your injury must meet the serious injury threshold under Florida Statute §627.737.
Florida's serious injury threshold is met when the injured person suffers:
The threshold is not as high as it sounds. Many significant injuries — herniated discs requiring surgery, traumatic brain injuries, injuries requiring ongoing treatment — qualify. The key is medical documentation that specifically establishes permanency. Your treating physician’s documentation of permanent impairment is the foundation of a third-party claim.
Types of Damages
Available in Florida
A successful Florida personal injury claim can recover multiple categories of damages. Understanding what you may be entitled to prevents you from accepting a settlement that undervalues your claim.
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | All medical treatment costs from the accident date through settlement or trial |
| Medical Expenses (Future) | Projected future medical costs supported by physician testimony |
| Lost Wages (Past) | Income lost from the accident through settlement or trial |
| Lost Earning Capacity | Reduced ability to earn in the future due to permanent impairment |
| Pain and Suffering | Physical pain, mental anguish, and emotional distress from the injury |
| Loss of Enjoyment of Life | Inability to participate in activities and experiences you enjoyed before the injury |
| Permanent Impairment | The lasting nature of physical limitations caused by the injury |
| Punitive Damages | Available in cases involving intentional misconduct or gross negligence; requires separate motion to amend |
How Insurance Companies
Fight Florida Claims
Insurance adjusters are trained negotiators whose full-time job is minimizing what they pay on claims. Understanding their tactics helps you avoid the common traps.
The 2-Year Deadline
Do Not Miss It
Florida's personal injury statute of limitations is 2 years from the date of the accident for claims accruing after March 24, 2023. This is an absolute deadline. If you file a lawsuit after this deadline, the court will dismiss your case regardless of how strong your evidence is and how serious your injuries are.
Special rules apply in some cases:
| Claim Type | Deadline |
|---|---|
| Auto accident (after March 24, 2023) | 2 years from accident date |
| Wrongful death | 2 years from date of death |
| Slip and fall / premises liability | 2 years from date of injury |
| Medical malpractice | 2 years from discovery; 4-year absolute cap |
| Claims against government entities | 3 years, but with strict pre-suit notice requirements; consult an attorney immediately |
Choosing the Right
Personal Injury Attorney
Not all personal injury attorneys are the same, and under Florida's post-HB 837 landscape, the difference between an attorney who prepares cases for trial and one who settles everything quickly matters more than ever.