Car Accidents
Florida’s no-fault rules, the 14-day treatment deadline, and claims against the at-fault driver.
Read more →Florida negligence and premises liability
Tallahassee Personal Injury Attorney
Insurance companies evaluate claims for a living, and they are good at it. Having someone who does the same on your side changes the arithmetic.
Photograph: Florida’s Historic Capitol, Tallahassee, by Carol M. Highsmith. Library of Congress (opens in a new tab), Prints & Photographs Division. Public domain.
The deadline changed. Florida shortened the statute of limitations for most negligence claims from four years to two years for causes of action accruing on or after March 24, 2023. If you are relying on older information, you may have far less time than you think.
What a claim has to establish
A negligence claim requires four things: that someone owed you a duty of care, that they breached it, that the breach caused your injury, and that you suffered damages. Each element needs evidence, and causation is contested more often than people expect, particularly where there is any prior injury to the same part of the body.
Florida also applies modified comparative negligence. Your recovery is reduced by your share of fault, and if you are found more than 50 percent responsible you recover nothing. This is why insurers work so diligently to assign you a portion of the blame.
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Personal Injury services
Construction Accidents
Workers’ compensation plus third-party negligence claims for injuries on the jobsite.
Read more →Rideshare Accidents
Uber and Lyft claims, where coverage swings from a personal policy to $1,000,000 by app status.
Read more →Slip & Fall
Premises liability, where Florida requires proof the business knew of the hazard.
Read more →Recorded statements and early offers
The other side’s adjuster usually calls within a day or two, and the call is generally a friendly one. Florida law does not require an injured person to give the at-fault party’s insurer a recorded statement, and those interviews are structured to draw out admissions about fault and to fix a low ceiling on the injury before its full extent is known.
The same holds for early settlement offers. A release signed now cannot be reopened when it turns out that surgery is necessary later.
Treatment records carry the claim
Two practical points determine the value of a great many claims. First, where a motor vehicle is involved, Florida’s PIP coverage requires initial medical care within 14 days or benefits are unavailable at all. Second, gaps in a treatment plan are read by insurers as evidence of recovery, and they are among the most common reasons otherwise strong claims lose value.
Questions we hear every week
Personal Injury questions
How long do I have to file a claim?
Two years for most negligence claims accruing on or after March 24, 2023, and two years for wrongful death. Some claims, particularly those against government entities, carry shorter notice requirements, so the applicable deadline is worth confirming early.
What does it cost to hire a personal injury lawyer?
These cases are generally handled on a contingency fee, meaning the fee is a percentage of the recovery and there is no fee if there is no recovery. We will explain the fee and how costs are handled in writing before you sign anything.
What is my case worth?
It depends on the medical evidence, whether the injury is permanent, lost income, available policy limits, and your share of comparative fault. Anyone who quotes a figure before reviewing your medical records is guessing.
Will my case go to trial?
Most settle. But the settlement value of a case reflects what the insurer believes a jury might do, which is why preparing a case properly matters even when trial is unlikely.
What if I was partly at fault?
Recovery is still available, reduced by your percentage of responsibility. Being found more than 50 percent at fault bars recovery entirely under Florida law.
Talk with Toby about your case
Every case starts with a conversation. Tell us what you are facing and we will explain the options in plain language, with no obligation.