Legal Help After a Car Accident in Florida
A Florida car accident lawyer at The Morgan Law Group can help injured drivers, passengers, pedestrians, and families understand their rights after a serious motor vehicle collision. The Morgan Law Group represents eligible car accident victims throughout Florida in claims involving medical expenses, lost income, property damage, disputed liability, and insurance coverage.
Florida’s no-fault insurance system does not prevent every injured person from pursuing compensation from a negligent driver. The available options depend on the severity of the injuries, the insurance policies involved, who caused the collision, and whether important medical and legal deadlines have been met.
Our attorneys investigate the crash, preserve evidence, identify available insurance coverage, document the full extent of the losses, and communicate with insurers on our clients’ behalf. Visit our Florida Legal and Insurance Resource Center or explore our broader Personal Injury Resource Center for additional guidance.
14-Day Medical Deadline
Qualifying initial medical care generally must be received within 14 days of a Florida motor vehicle accident to seek PIP medical benefits.
Up to $10,000 in PIP Benefits
Up to $10,000 in medical and disability benefits may be available when an authorized provider determines that the injured person had an emergency medical condition.
General Two-Year Deadline
Florida generally provides two years to file a lawsuit founded on negligence, although exceptions and shorter notice requirements may apply.
Modified Comparative Fault
Compensation may be reduced based on fault, and a person found more than 50% responsible for their own harm generally cannot recover damages.
Injured in a Florida Car Accident?
Speak with The Morgan Law Group about the collision, your injuries, the insurance coverage involved, and the legal options that may be available.
Under Florida Statute § 627.736, an injured person generally must receive qualifying initial medical care within 14 days of the motor vehicle accident to seek PIP medical benefits.
| Florida PIP Provision |
What It May Mean After a Crash |
| Medical treatment deadline |
Qualifying initial services and care generally must be received within 14 days after the accident. |
| Medical benefits |
PIP generally covers 80% of reasonable and medically necessary covered expenses, subject to policy terms and statutory limitations. |
| Emergency medical condition |
Up to $10,000 in PIP medical and disability benefits may be available when an authorized provider determines that the injured person had an emergency medical condition. |
| Non-emergency condition |
Medical reimbursement may be limited to $2,500 when the injured person is not determined to have an emergency medical condition. |
| Lost income |
PIP may cover 60% of qualifying lost gross income and lost earning capacity, subject to the available policy limit. |
| Claims beyond PIP |
Additional recovery may be possible when another party is legally responsible and the facts support a liability claim. |
PIP does not necessarily cover every medical bill, all lost income, vehicle repairs, or the full effect of a serious injury. An injured person may need to examine bodily injury coverage, uninsured or underinsured motorist coverage, health insurance, and other potential sources of recovery.
Learn more about these issues in our guides to Florida no-fault insurance, uninsured motorist coverage in Florida, and payment of medical bills after a Florida car accident.
01
Protect Your Safety
Move to a safe location when possible, call 911, and request medical assistance for anyone who may be injured.
- Do not leave the scene.
- Watch for traffic and roadway hazards.
- Follow emergency personnel’s instructions.
02
Document the Scene
Preserve information before vehicles are moved or physical evidence disappears, provided it is safe to do so.
- Photograph the vehicles and roadway.
- Record visible injuries and property damage.
- Collect driver and witness information.
03
Obtain Medical Care
Some injuries may not be immediately apparent. Prompt evaluation also creates medical documentation connecting the injuries to the crash.
- Do not ignore delayed symptoms.
- Follow the treatment plan.
- Keep medical records and receipts.
04
Preserve Your Claim
Keep insurance correspondence, medical bills, wage records, repair estimates, photographs, and other documents together.
- Avoid recorded statements without preparation.
- Do not speculate about fault.
- Be cautious about posting on social media.
For a more detailed checklist, read what to do after a car accident in Florida. You should also understand what not to say to an insurance company after an accident.
Rear-End Collisions
Following too closely, distraction, speeding, and sudden stops can cause crashes resulting in neck, back, head, and shoulder injuries.
Intersection Accidents
Failure to yield, unsafe left turns, red-light violations, and obstructed visibility frequently lead to serious side-impact collisions.
Distracted Driving
Texting, navigation systems, passengers, food, and other distractions can prevent drivers from reacting to changing traffic conditions.
Highway Crashes
Higher speeds, congestion, commercial traffic, construction zones, and unsafe lane changes can contribute to severe highway collisions.
Impaired Driving
Alcohol and drugs can affect judgment, reaction time, coordination, and a driver’s ability to operate a vehicle safely.
Hit-and-Run Accidents
When a driver leaves the scene, recovery may depend on identifying the vehicle and examining uninsured motorist or other available coverage.
Florida drivers also face risks involving rideshare vehicles, rental cars, commercial vans, delivery drivers, tourists, uninsured motorists, road debris, and multi-vehicle pileups. Our Car Accident Danger Index provides additional information about roadway and collision risks.
Potentially responsible parties may include:
- A negligent driver who was speeding, distracted, impaired, fatigued, following too closely, or violating traffic laws.
- A vehicle owner who may be legally responsible under applicable Florida law.
- An employer when an employee causes a collision while performing work-related duties.
- A rideshare, delivery, or transportation company when applicable insurance coverage or company conduct becomes relevant.
- A vehicle or component manufacturer when a dangerous defect contributes to the accident or worsens the injuries.
- A government entity or contractor when a dangerous roadway condition or improperly managed construction area contributes to the crash.
- Another involved party whose actions contributed to a multi-vehicle collision.
Useful evidence may include police reports, photographs, surveillance footage, traffic-camera footage, vehicle data, mobile-phone records, witness statements, medical documentation, repair records, and expert analysis. Our guide to evidence used to prove liability after an accident explains why early preservation matters.
Do Not Let Important Evidence Disappear
The Morgan Law Group can review the crash, identify available insurance coverage, and help preserve evidence before records, video, vehicles, or witness information become difficult to obtain.
Under Florida Statute § 768.81, compensation in a negligence action may be reduced in proportion to the injured person’s share of fault. Under the current statute, a person found more than 50% responsible for their own harm generally cannot recover damages in a covered negligence action.
| Example Allocation of Fault |
Potential Effect |
| 0% responsible |
Compensation is not reduced based on the injured person’s fault. |
| 20% responsible |
A supported damages award may generally be reduced by 20%. |
| 50% responsible |
A supported damages award may generally be reduced by 50%. |
| More than 50% responsible |
Recovery is generally barred under the current modified comparative-fault rule, subject to the facts, applicable law, and potential exceptions. |
Fault should not be accepted simply because an insurer alleges it. Physical evidence, witness accounts, traffic laws, video, vehicle damage, and expert analysis may provide a different account of how the collision occurred.
| Category |
Examples of Potential Losses |
| Medical expenses |
Emergency treatment, hospital care, surgery, diagnostic testing, rehabilitation, medication, assistive devices, and reasonably anticipated future care. |
| Lost income |
Missed wages, reduced hours, lost employment benefits, and diminished future earning capacity. |
| Property damage |
Vehicle repairs, total-loss value, towing, storage, rental transportation, and damaged personal property. |
| Pain and suffering |
Physical pain, mental anguish, inconvenience, scarring, disability, and loss of enjoyment of life when Florida’s legal requirements are satisfied. |
| Future losses |
Ongoing medical treatment, reduced earning ability, long-term assistance, and other reasonably anticipated needs. |
| Wrongful death losses |
Eligible survivors or the estate may have claims involving funeral expenses, lost support, lost services, companionship, and other damages allowed by Florida law. |
Online calculators and generalized settlement estimates cannot account for all the evidence, insurance limitations, liability disputes, and individual consequences involved. Read more about factors that may affect car accident claim value.
Florida’s Serious-Injury Threshold
Florida law limits when an injured person may recover noneconomic damages such as pain, suffering, mental anguish, and inconvenience after certain motor vehicle accidents. Under Florida Statute § 627.737, the threshold may be satisfied by injuries involving:
- Significant and permanent loss of an important bodily function;
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
- Significant and permanent scarring or disfigurement; or
- Death.
Medical records and qualified medical opinions can therefore play a central role in establishing the nature, duration, and effect of an injury.
Florida generally provides a two-year limitations period for an action founded on negligence under Florida Statute § 95.11. The correct deadline can nevertheless depend on when the claim accrued, the parties involved, the type of claim, and whether a special notice requirement or exception applies.
Claims involving a government agency, wrongful death, a minor, an unavailable defendant, or another unusual circumstance may involve different procedural requirements. The PIP medical-treatment deadline is also much shorter than the general lawsuit deadline.
Early action allows an attorney to investigate while physical evidence, electronic records, surveillance footage, vehicle data, and witness recollections may still be available.
The Morgan Law Group can help by:
- Reviewing the accident and explaining the legal options that may be available;
- Obtaining crash reports, photographs, video, witness statements, and other evidence;
- Identifying PIP, bodily injury, uninsured motorist, commercial, employer, and other potentially available coverage;
- Communicating with insurance representatives and responding to requests for information;
- Documenting medical expenses, lost income, property losses, and future needs;
- Working with appropriate experts when liability, injuries, or damages are disputed;
- Evaluating settlement offers based on the available evidence and supported losses; and
- Preparing the claim for litigation when a fair resolution cannot be reached.
Learn more about our broader personal injury representation, review examples of our results, and read feedback from clients of The Morgan Law Group.
Discuss Your Florida Car Accident Claim
Tell us what happened. Our team can review the information you provide and help you understand the next step.
What should I do immediately after a car accident in Florida?
Move to a safe location if possible, call 911, request medical assistance, exchange information, photograph the scene, identify witnesses, and report the accident to the appropriate insurer. Avoid speculating about fault or making statements about the severity of your injuries before you have been medically evaluated.
How long do I have to receive medical care for Florida PIP benefits?
Florida law generally requires qualifying initial medical services and care within 14 days after the motor vehicle accident. Waiting longer may affect eligibility for PIP medical benefits.
Can I sue the at-fault driver even though Florida is a no-fault state?
Possibly. Florida’s no-fault system provides certain PIP benefits, but it does not eliminate every liability claim. An injured person may be able to pursue the responsible party when the facts and injuries satisfy Florida’s legal requirements.
Can I recover compensation if I was partly at fault?
Florida’s current comparative-fault law generally reduces an eligible recovery according to the injured person’s percentage of responsibility. A person found more than 50% responsible for their own harm generally cannot recover damages in a negligence action covered by the statute.
What if the driver who hit me did not have insurance?
Potential options may include PIP benefits, uninsured or underinsured motorist coverage, health insurance, coverage associated with another vehicle or household member, and claims against other responsible parties. The available options depend on the policies and circumstances involved.
Should I give the insurance company a recorded statement?
Policyholders may have contractual obligations to cooperate with their own insurer, but recorded statements can affect a claim. It is important to understand who is requesting the statement, why it is being requested, and how the information may be used before proceeding.
How long do I have to file a Florida car accident lawsuit?
Florida generally provides two years for an action founded on negligence, but a different deadline or notice requirement may apply depending on the accident date, parties, type of claim, and other circumstances. A legal review should take place well before any potential deadline.
How much does it cost to speak with The Morgan Law Group?
The Morgan Law Group offers free consultations for potential car accident claims. Personal injury matters may be handled on a contingency-fee basis, meaning legal fees are generally collected only if compensation is recovered. The specific terms are explained in the written representation agreement.