Car Accident Litigation in Florida

In a no-fault state, each driver turns to their own insurance first after a crash — your Personal Injury Protection (PIP) pays your medical bills and a portion of lost wages up to $10,000, no matter who caused the accident. Florida requires all drivers to carry at least $10,000 in PIP and $10,000 in Property Damage Liability (PDL) coverage. You generally cannot sue the other driver for minor injuries; a lawsuit is only available when your injuries meet the serious-injury threshold under Florida Statute § 627.737(2).

If you do not receive initial medical treatment within 14 days of your crash, you permanently lose all Personal Injury Protection benefits under Florida Statute § 627.736(1)(a). There is no extension for delayed symptoms or scheduling difficulties. Even if you feel only minor soreness, getting evaluated within that window protects your ability to use your own insurance coverage.

Florida allows you to step outside the no-fault system and bring a lawsuit only when your injury involves significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death, as set out in Florida Statute § 627.737(2). Routine soft-tissue injuries that heal without permanent effects typically do not meet this standard.

Under Florida Statute § 768.81, Florida follows a modified comparative fault rule. If you are found more than 50 percent at fault for the crash, you cannot recover any damages from the other driver. If you are 50 percent or less at fault, your damages are reduced proportionally — for example, if you are 20 percent at fault and your damages are $100,000, you can recover $80,000.

Florida does not require drivers to carry bodily injury liability coverage, so uninsured drivers are common. If you are hurt by an uninsured driver and your injuries cross the serious-injury threshold, you may be able to seek compensation through your own uninsured motorist (UM) coverage, if you purchased it. Florida law allows drivers to reject uninsured motorist coverage in writing, so reviewing your policy is important.

For crashes that occurred on or after March 24, 2023, Florida Statute § 95.11(5)(a) gives you two years from the date of the accident to file a personal injury lawsuit. Wrongful death claims must be filed within two years of the date of death under § 95.11(5)(e). Courts almost always dismiss cases filed after these deadlines, so acting promptly matters.

Pain and suffering — called non-economic damages — are only available through a lawsuit against the at-fault driver, not through your own PIP policy. To qualify, your injuries must meet the serious-injury threshold under Florida Statute § 627.737(2). Under the modified comparative fault rule that took effect in 2023, you cannot recover non-economic damages at all if you are found more than 50 percent responsible for the crash.