Frequently Asked Questions
Browse answers about Florida injury claims, car and truck accidents, rideshare crashes, DUI collisions, workplace injuries and other legal issues our clients ask about most often.
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Do I need a lawyer?
The reason personal injury lawyers have jobs is because insurance companies save money by not paying the full value of claims. A personal injury lawyer can help evaluate your claim and make sure that you are not being taken advantage of.
There are also many questions that the vast majority of people do not know to ask. For instance: If the other driver’s insurance is limited, do I have to accept the policy limits for a settlement? While it may be the most practical course, no, you don’t have to accept it. Does it matter if the other driver was on his/her way to work, or if he/she was driving as a part of his/her work? Yes, it matters. What do I do if my medical bills are more than the available insurance coverage? How do I make sure that I know about all of the available insurance coverage? Are there any other potential defendants?
These are all questions that an experienced personal injury lawyer can answer and help you with. Following a car, truck, motorcycle or bicycle crash, you need to focus on your health and recovery. Let us guide you and take care of everything else.
What if the other driver doesn’t have any insurance?
If the other driver is uninsured, check your own auto insurance policy to see whether you carry Uninsured Motorist coverage. If you do, that coverage may provide compensation for losses caused by an uninsured driver.
Florida drivers are required to carry Personal Injury Protection (PIP) coverage and Property Damage Liability coverage, but bodily injury liability coverage is not required in every situation. That means a driver who causes a crash may not have insurance available to compensate you for your injuries.
Uninsured Motorist coverage can therefore be extremely important after a serious accident. An attorney can review the available policies and determine what insurance coverage may apply to your claim.
Can I use my health insurance to pay for my medical expenses?
Yes, you can; however, your personal injury protection or “PIP” coverage should be primary and will pay 80% of your medical bills, but only if you see a provider for treatment within 14 days of your crash.
It is incredibly important that you do this, even if you are only a little stiff, so that your coverage is preserved. Many times it can take days, weeks or even months for symptoms to manifest significantly.
You are always better off seeking treatment early in the event that your “minor” injury turns out to be not so minor. Typically medical providers will send your medical bills to your PIP carrier first, as they should. Once you have reached the limit of your PIP insurance benefits, your health insurance may be billed and should pay subject to the terms of your health insurance policy.
What should I do if I am involved in a car, truck or motorcycle crash in Florida?
If you are involved in a car, truck or motorcycle crash in Florida, your first priority should be your safety and medical care. Call 911 if anyone is injured, move to a safe location if possible and make sure the crash is reported to law enforcement.
If you are able, document the scene before vehicles or debris are moved. Take photographs and video of the vehicles, damage, roadway, traffic signals, skid marks and any visible injuries. Exchange contact and insurance information with the other drivers, and get the names and contact details of any witnesses.
Seek medical attention as soon as possible, even if your injuries initially seem minor. Some injuries become more noticeable in the hours or days after a crash. You should also notify your own insurance company, but be cautious about giving detailed or recorded statements before you understand your rights.
After your immediate medical needs have been addressed, speak with an experienced Florida injury attorney. An attorney can help preserve evidence, identify available insurance coverage and protect your interests while you focus on your recovery.
How long do I have to file a lawsuit?
It is understandable that you may want to take some time following an accident to consider and evaluate your next steps. However, be careful not to wait too long! In Florida, there are specific time limits for filing claims after suffering injuries in motorcycle accidents. After March 24, 2023, accident victims have two years from the date of the accident to file claims for compensation. In certain cases, shorter time limits may apply.
As a best practice, consult with a knowledgeable personal injury attorney as soon as you feel up to doing so after your accident. Your lawyer can help you understand your rights and applicable time limits and give you all the information you need to make an informed decision about how to proceed.
Can I receive compensation if I’m partially at fault?
Determining who was at fault in an accident can be complex. Liability depends on the underlying facts and circumstances, and more than one person or entity may share responsibility.
Even if you were partially at fault for the accident, you may still be able to recover compensation in Florida. Under Florida’s modified comparative negligence rule, your recovery can be reduced according to your percentage of fault.
Your attorney can investigate the crash, gather the available evidence and help determine how responsibility should be allocated before you make decisions about your claim.
Should I talk to the other driver’s insurance adjuster?
It is generally not a good idea to speak directly with the responsible party’s insurance company before getting legal advice. The insurer’s goal is to resolve the claim as quickly and inexpensively as possible.
An insurance adjuster may ask for a recorded statement or encourage you to accept an early settlement. What you say can potentially be used to reduce the value of your claim, and accepting a settlement normally prevents you from pursuing additional compensation later.
An experienced personal injury attorney can handle communications with the insurance company on your behalf and help make sure your rights are protected while the full extent of your injuries and losses is being evaluated.
What do I do if my medical bills are more than the available insurance coverage? How do I make sure that I know about all of the available insurance coverage? Are there any other potential defendants?
If your medical bills are greater than the available insurance coverage, the first step is to identify every potential source of recovery. That may include the at-fault driver’s bodily injury coverage, your own uninsured or underinsured motorist coverage, applicable health insurance and, depending on the facts, coverage connected to another responsible person or business.
It is also important to confirm that all available insurance policies have been identified. In some cases, additional coverage may apply if the at-fault driver was working at the time of the crash, driving a company vehicle or acting on behalf of another person or business.
An experienced personal injury attorney can investigate the available insurance, identify any additional responsible parties and help determine how medical expenses and other losses should be addressed before you agree to a settlement.
If the other driver’s insurance is limited, do I have to accept the policy limits for a settlement?
No. While accepting the other driver’s policy limits may be the most practical course in some cases, you do not have to accept the policy limits as a settlement.
Before accepting a policy-limits offer, it is important to determine whether there may be additional insurance coverage or other potentially responsible parties. For example, it can matter whether the other driver was working, driving as part of their employment or acting on behalf of another person or business when the crash occurred.
An experienced personal injury attorney can investigate the available coverage and potential defendants before you make a decision that could affect your ability to recover additional compensation.
How do car accident lawyers calculate the value of my injury claim?
There is no single formula for determining the value of a car accident injury claim. The value depends on the specific circumstances of the crash, the severity of your injuries and the financial and personal impact those injuries have had on your life.
An attorney will typically evaluate factors such as your medical expenses, future medical care, lost income, reduced earning ability, pain and suffering, permanent injuries and the effect the accident has had on your everyday activities. The strength of the evidence establishing fault and the amount of available insurance coverage can also significantly affect the claim.
It is important not to evaluate a claim based only on the medical bills you have received so far. Some injuries require ongoing treatment or create long-term limitations that may not be fully understood immediately after the accident. A careful evaluation should consider both your current losses and the reasonable future impact of the injury.
How long does it take to settle a car accident claim?
There is no standard timeline for settling a Florida car accident claim. Some claims can be resolved in a matter of months, while more complicated cases may take significantly longer.
The timeline often depends on factors such as the severity of the injuries, how long medical treatment continues, whether liability is disputed, how much insurance coverage is available and whether the insurance company is willing to negotiate a fair settlement.
It is generally important to understand the full extent of your injuries before resolving a claim. Settling too early can create problems if additional treatment, surgery or long-term medical care becomes necessary later. If a fair resolution cannot be reached through negotiation, filing a lawsuit may also extend the overall timeline.
How is pain and suffering calculated in a car accident case?
Pain and suffering does not have a fixed dollar value or mathematical formula. It is evaluated based on the particular effect an injury has had on the injured person’s life.
Factors can include the severity and duration of the injury, the amount of medical treatment required, permanent limitations, physical pain, emotional distress, scarring or disfigurement and the effect the injury has had on work, family life and normal daily activities.
Florida law also places specific requirements on recovering damages for pain, suffering, mental anguish and inconvenience after a motor vehicle accident. In applicable cases, the injury generally must meet Florida’s statutory injury threshold, such as a permanent injury, significant and permanent loss of an important bodily function, significant permanent scarring or disfigurement, or death.
What evidence should I collect after a car crash?
If you are physically able to do so, collect as much information as possible at the accident scene. Photographs and video can be especially valuable because road conditions, vehicle positions and other evidence may change quickly after a crash.
Photograph the vehicles, visible damage, license plates, roadway, traffic signals, skid marks, debris and any visible injuries. Exchange contact and insurance information with the other drivers and obtain the names and contact details of witnesses.
You should also keep copies of the crash report, medical records, medical bills, repair estimates, photographs, correspondence with insurance companies and documentation showing any income you have lost because of the accident.
An attorney may also be able to obtain additional evidence such as surveillance footage, vehicle data, witness statements and other records that may help establish how the collision occurred.
Can I still recover compensation if I was partially at fault for the accident?
Potentially, yes. Florida uses a modified comparative fault system for applicable negligence claims. This means your compensation may be reduced according to the percentage of fault attributed to you.
For example, if you were found to be 20% responsible for an accident, a damages award could generally be reduced by 20%.
Under current Florida law, a person who is found to be more than 50% at fault for their own harm generally cannot recover damages in a negligence action covered by the statute.
Because fault is often disputed after a serious crash, it is important not to assume that an insurance company’s version of what happened is correct. Evidence from the scene, witnesses, vehicle damage and other sources can all affect how responsibility is ultimately determined.
Should I talk to the insurance company before speaking to a lawyer?
You should be cautious when speaking with the other driver’s insurance company before receiving legal advice. The adjuster represents the insurance company and is responsible for protecting the insurer’s financial interests.
You may be asked to provide a recorded statement, sign documents or discuss your injuries before you know their full extent. Statements made early in the claim can later become important if the insurer disputes liability, the seriousness of your injuries or the value of the claim.
You should notify your own insurer as required by your policy, but before giving detailed statements to another driver’s insurance company or accepting a settlement, it can be helpful to speak with an experienced personal injury attorney.
An attorney can handle communications with the insurance companies, help preserve your rights and make sure the claim is evaluated based on the full extent of your injuries and losses.
What damages can I claim after a car accident injury?
The compensation available after a Florida car accident depends on the circumstances of the case and the nature of the injuries involved.
Potential damages may include past and future medical expenses, lost wages, reduced future earning capacity and other financial losses caused by the accident.
Depending on the nature and severity of the injury and whether Florida’s statutory requirements are satisfied, a claim may also include compensation for pain and suffering, mental anguish, inconvenience, permanent impairment, scarring or disfigurement and the loss of enjoyment of normal activities.
The value and availability of these damages depend on the evidence, applicable insurance coverage and the specific facts of the claim. An attorney can evaluate the losses that may properly be included before settlement discussions begin.
How long do I have to file a car accident lawsuit in Florida?
<p>For many Florida car accident negligence claims, the general statute of limitations is two years. This means a lawsuit generally must be filed within two years of the date the claim accrued.</p>
<p>However, the applicable deadline can depend on the circumstances of the case. Different rules or shorter deadlines may apply when a government entity is involved, when a death has occurred or when another type of claim is being pursued.</p>
<p>Waiting can also make a case more difficult even before the legal deadline expires. Evidence can disappear, witnesses can become harder to locate and important records may become more difficult to obtain.</p>
<p>For those reasons, it is usually better to speak with an attorney well before the filing deadline so the specific time limits applicable to your case can be identified.</p>
What should I do immediately after a car accident?
Your first priority after a car accident should be your safety and medical care. Call 911 if anyone is injured and report the collision to law enforcement. If it is safe to do so, move away from traffic or other immediate hazards.
If you are able, photograph the vehicles, damage, roadway, traffic conditions and anything else that may help document how the crash occurred. Exchange contact and insurance information with the other drivers and obtain contact information from any witnesses.
Seek medical attention promptly, even if your injuries initially seem minor. Some injuries become more noticeable after the shock and adrenaline of the accident begin to wear off. Florida’s PIP law also generally requires qualifying initial medical care within 14 days of the motor vehicle accident for medical benefits.
Notify your insurance company, keep copies of your medical and accident-related records and avoid signing settlement documents before you understand the extent of your injuries and the available insurance coverage.
If you have questions about your rights or the insurance process, speak with an experienced Florida car accident attorney as soon as reasonably possible.
What is workers' compensation and do I need it?
Workers’ compensation is an insurance system designed to provide benefits to employees who suffer qualifying injuries or illnesses arising out of their work.
Depending on the circumstances, benefits can include authorized medical treatment, replacement of a portion of lost wages and disability benefits when an injury prevents you from working or limits the work you can perform.
Many Florida employers are required to carry workers’ compensation insurance. Coverage requirements can depend on the type and size of the business, so whether you are covered should be evaluated based on your particular employment situation.
If you have been injured while working and are unsure whether workers’ compensation applies to you, an attorney can review the circumstances and help determine what benefits may be available.
What types of injuries are covered under workers' compensation?
Florida workers’ compensation can cover many different types of work-related injuries and occupational illnesses, provided they meet the requirements of the workers’ compensation law.
Covered injuries may include back and neck injuries, broken bones, burns, electrical injuries, injuries to joints and limbs, spinal cord injuries, hearing or vision damage, lacerations and injuries caused by motor vehicle accidents while performing work duties.
Coverage is not limited to a single dramatic workplace accident. Occupational diseases and some conditions that develop over time may also qualify when the required connection between the condition and the employee’s work can be established.
Because coverage depends on how the injury occurred and its relationship to your employment, it is important to have questionable or disputed injuries evaluated individually.
Can I be fired for filing a workers' compensation claim?
Florida law prohibits an employer from firing, threatening to fire, intimidating or coercing an employee because the employee has filed or attempted to file a valid workers’ compensation claim.
However, workers’ compensation does not guarantee that your employer must hold your specific job open indefinitely while you recover. Employment decisions may still be made for lawful reasons unrelated to the filing of the workers’ compensation claim.
If you believe you have been threatened, punished or terminated because you pursued workers’ compensation benefits, speak with an attorney about the circumstances as soon as possible.
May I ask you questions about my specific workplace injury issue?
Yes. Every workplace injury is different, and general information cannot address all of the facts that may affect a particular workers’ compensation claim.
You can speak with Scott Marshall Injury Attorneys about issues such as whether your injury may be covered, problems obtaining authorized medical treatment, unpaid wage benefits, a denied claim, returning to work with restrictions or questions about what you should do next.
An initial consultation gives you an opportunity to explain what happened, ask questions about your particular situation and understand the options that may be available to you under Florida law.
Do I need to hire a workers' compensation attorney?
You are not legally required to hire an attorney to pursue a workers’ compensation claim. However, the process can become difficult when an employer or insurance company disputes the injury, denies benefits, delays medical treatment or disagrees about your ability to return to work.
An experienced workers’ compensation attorney can help you understand the benefits available to you, deal with the insurance carrier, gather supporting evidence, address disputed issues and represent you if the claim requires hearings or an appeal.
Getting legal advice early can also help you avoid mistakes involving reporting requirements, medical treatment and other issues that may affect your claim.
Can I claim workers' compensation for an injury that occurred over time?
Potentially, yes. Not every compensable workplace injury is caused by one sudden accident. Some injuries and occupational conditions develop gradually because of repetitive movements, repeated physical stress or prolonged exposure to conditions at work.
Examples can include repetitive stress injuries affecting the wrists, shoulders or back, as well as certain occupational illnesses associated with workplace exposure.
Claims involving conditions that develop over time can be more difficult because the connection between the work and the injury must be established. Medical evidence is often particularly important in showing that the condition is work-related and meets Florida’s requirements for compensation.
If you believe your job has caused or significantly contributed to a condition that developed gradually, speak with an experienced workers’ compensation attorney about the evidence needed to evaluate the claim.
How much does workers' compensation pay if I have to take time off work?
If an authorized doctor determines that your work-related injury temporarily prevents you from working, Florida temporary total disability benefits generally pay 66 2/3% of your average weekly wage, subject to the applicable statewide maximum.
Temporary disability benefits are generally not paid for the first seven days of disability. However, if the disability lasts longer than 21 days, benefits may also become payable for those initial seven days.
If you are able to return to work with restrictions but earn less than you did before the injury, you may instead qualify for temporary partial disability benefits. The amount is calculated differently based on your pre-injury wages and what you are able to earn while restricted.
The amount and duration of benefits depend on your particular medical and employment circumstances, so an attorney can review your wage records, work restrictions and claim status to determine whether you are receiving the benefits available to you.
Are DUI accident cases in Florida eligible for punitive damages?
They can be. Punitive damages are different from compensation for medical bills, lost income and other losses. They are intended to punish particularly serious misconduct and discourage similar behavior.
In a Florida DUI accident case, the facts surrounding the driver’s intoxication and conduct may support a claim for punitive damages. Evidence such as blood alcohol concentration, prior offenses, witness testimony and the driver’s behavior before and during the crash may become important.
Whether punitive damages are available depends on the specific facts and evidence in the case. An attorney can investigate the circumstances of the crash and determine whether a punitive damages claim should be pursued.
Can I file a DUI injury claim if the at-fault driver wasn't convicted?
Yes. A criminal DUI conviction is not required before an injured person can pursue a civil claim against an impaired driver.
The criminal case and the personal injury case are separate proceedings with different purposes and different burdens of proof. A civil claim may rely on evidence such as the crash report, witness statements, blood or breath alcohol results, body camera or dash camera footage, field sobriety observations and other evidence showing that the driver’s conduct caused the collision.
Even if the criminal charge is reduced, dismissed or does not result in a conviction, the available evidence may still support a successful personal injury claim.
What if a loved one died in a DUI accident in Florida?
If a loved one dies because of injuries caused by an impaired driver, the circumstances may support a Florida wrongful death claim.
A wrongful death case can seek compensation for losses resulting from the death, which may include funeral and burial expenses, lost financial support and services, and certain losses suffered by surviving family members. The damages available depend on the relationship of the survivors to the person who died and the specific circumstances of the case.
A DUI-related death may also require investigation into parties beyond the impaired driver, including available insurance coverage and, in limited circumstances, a person or establishment that unlawfully furnished alcohol.
Because wrongful death claims are subject to strict filing deadlines, families should obtain legal advice as soon as reasonably possible.
What if I was partially at fault in the DUI accident?
You may still be able to recover compensation even if you share some responsibility for the accident. Florida uses a modified comparative fault system for applicable negligence claims.
Your compensation can be reduced according to the percentage of fault assigned to you. For example, if you were found 20% responsible for the crash, a damages award could generally be reduced by that percentage.
Under Florida’s current comparative fault law, a claimant who is found to be more than 50% responsible for their own harm generally cannot recover damages in an applicable negligence action.
Fault is often disputed, especially in serious DUI crashes. Evidence concerning the impaired driver’s conduct, vehicle movements, witnesses and the accident scene can all affect how responsibility is ultimately allocated.
When can bars be held responsible for DUI accidents in Florida?
Florida’s dram shop law allows a bar, restaurant or other alcohol provider to be held responsible in limited circumstances. Simply serving alcohol to an adult who later causes a crash is generally not enough.
Potential liability may arise when alcohol was willfully and unlawfully sold or furnished to someone who was under the legal drinking age, or when alcohol was knowingly served to a person habitually addicted to alcohol.
These claims can require detailed investigation. Evidence may include receipts, surveillance footage, witness testimony, transaction records and information showing what the establishment knew about the person who was served.
An attorney can investigate whether the facts support a claim against an alcohol provider in addition to the claim against the impaired driver.
How long do DUI accident cases usually take to resolve in Florida?
There is no fixed timeline for resolving a Florida DUI accident claim. Some relatively straightforward cases may settle within several months, while cases involving serious injuries, disputed insurance coverage, multiple responsible parties or litigation can take a year or longer.
The timeline often depends on the severity of the injuries, the length of medical treatment, the strength of the liability evidence, the amount of available insurance and whether the insurance companies are willing to negotiate a fair settlement.
It is usually important to understand the full extent of the injuries before resolving the claim. Settling too early can create problems if additional treatment, surgery or long-term care becomes necessary later.
What compensation is available after a DUI crash, and who pays?
Compensation after a DUI accident can depend on the injuries, financial losses, available insurance coverage and the parties responsible for the crash.
A claim may include medical expenses, future medical care, lost income, reduced earning ability, property damage and, when permitted under Florida law, compensation for pain, suffering and the broader impact of the injuries.
Potential sources of recovery may include the impaired driver’s liability insurance, applicable coverage under your own insurance policy and, in limited cases, another responsible person or business. A qualifying dram shop claim may also create an additional source of recovery.
In cases involving particularly serious misconduct, punitive damages may also be available. An attorney can investigate every available source of insurance and compensation before the claim is resolved.
Can I sue a drunk driver, and how is liability proven in a Florida DUI case?
Yes. If an impaired driver’s negligence caused a crash that injured you, you may be able to pursue a civil claim for your losses.
Liability can be established using evidence from the collision and the investigation that followed it. That evidence may include police reports, witness statements, blood or breath alcohol test results, field sobriety findings, dash camera or body camera footage, surveillance video, photographs and other records.
The civil claim does not depend on the driver being convicted of DUI. Your attorney can use the available evidence to show that the driver’s negligent or wrongful conduct caused the crash and your resulting injuries.
A thorough investigation can also reveal whether another party shares responsibility, including an employer, vehicle owner or alcohol provider in circumstances where Florida law allows such a claim.
What mistakes should I avoid after a DUI accident in Florida?
After a DUI accident, avoid admitting fault or making assumptions about who caused the crash. The full circumstances may not yet be known, and statements made at the scene can later become important in an insurance claim or lawsuit.
Do not delay necessary medical treatment. Seek prompt care for your injuries and follow your medical providers’ recommendations. Keep records of your treatment, expenses and symptoms as you recover.
Be cautious about discussing the accident on social media or giving a recorded statement to the other driver’s insurance company before receiving legal advice. You should also avoid signing releases or accepting a settlement before you understand the extent of your injuries and the insurance coverage available.
Finally, preserve anything that may become evidence, including photographs, videos, witness information, medical documents, repair records and communications with insurance companies.
Can I sue Uber after a Florida accident?
You may be able to pursue compensation after an accident involving an Uber or other rideshare vehicle, but that does not necessarily mean the claim is filed directly against Uber itself.
The responsible parties and insurance coverage depend on how the crash happened, who was negligent and what the rideshare driver was doing in the app at the time of the collision. A claim may involve the rideshare driver, another motorist, one or more insurance companies and, in some circumstances, additional responsible parties.
Florida law requires specific insurance coverage while a rideshare driver is logged into the company’s digital network and higher coverage while the driver is engaged in a prearranged ride.
An experienced rideshare accident attorney can obtain the trip and app-status information, identify the insurance policies that apply and determine which parties should be pursued for compensation.
Will filing a claim affect my own insurance if I was a rideshare passenger?
If you were injured while riding as an Uber or Lyft passenger, filing an injury claim does not mean you were responsible for causing the accident. Passengers are usually not the party whose driving conduct caused the collision.
There may also be several potential sources of insurance coverage. Depending on the circumstances, those can include coverage associated with the rideshare trip, the at-fault driver’s insurance and benefits available under another applicable policy.
Whether your own automobile insurance becomes involved depends on the facts of the accident, the policies available and the coverage you carry. The effect of a claim on your particular insurance policy is ultimately determined by your insurer and the terms of your coverage.
A rideshare accident attorney can identify the appropriate insurance policies before claims are made and help prevent you from being passed unnecessarily between different insurers.
What should I do if Uber or Lyft denies responsibility for the accident?
A denial from Uber, Lyft or an insurance company does not necessarily mean that no coverage is available. Rideshare accident claims can involve several policies, and disputes frequently arise over which insurer is responsible for paying the claim.
One of the most important questions is the driver’s exact status on the rideshare platform when the collision occurred. Was the driver offline, logged in and waiting for a request, traveling to pick up a passenger or already transporting a passenger? That information can determine which insurance requirements apply.
Trip records, app data, electronic communications and other digital evidence can help establish the driver’s status. Because that evidence may not remain available indefinitely, it is important to preserve it as early as possible.
An attorney can obtain the relevant records, identify every potentially applicable policy and challenge an improper denial rather than simply accepting the rideshare company’s initial position.
Can I still file a claim if I was a pedestrian or bicyclist hit by a rideshare vehicle?
Yes. Rideshare accident claims are not limited to passengers inside an Uber or Lyft vehicle. A pedestrian, bicyclist, motorcyclist or occupant of another vehicle may also have a claim if a rideshare driver’s negligence caused the collision.
As with other rideshare accidents, the available insurance can depend on the driver’s status in the app at the time of the crash. A driver who was actively carrying a passenger may be subject to different insurance requirements than a driver who was merely logged in and waiting for a ride request.
If another driver contributed to the collision, that driver’s insurance may also become part of the claim. More than one source of compensation can sometimes be available.
Preserve photographs, witness information, crash reports and any information identifying the rideshare vehicle or driver. An attorney can then investigate the app status, available insurance and everyone who may share responsibility for the accident.
What if the rideshare driver was off-duty when the accident happened?
The important question is not simply whether the driver considered themselves “off-duty.” What matters is the driver’s actual status on the rideshare company’s digital network at the time of the accident.
If the driver was completely logged out of the rideshare app, the special rideshare insurance requirements generally do not apply to that period, and the driver’s personal automobile insurance may instead be the primary source of coverage.
If the driver was logged into the app and waiting for a ride request, Florida law requires rideshare-related insurance coverage even though there was no passenger in the vehicle yet. That coverage includes minimum primary liability limits of $50,000 per person, $100,000 per incident and $25,000 for property damage.
If the driver had accepted a ride request and was traveling to collect a passenger, or was already transporting a passenger, the driver is considered to be engaged in a prearranged ride. Florida requires at least $1 million in primary automobile liability coverage during that period.
Because these distinctions can completely change which policy applies, obtaining the driver’s app and trip records is often one of the first important steps in investigating a rideshare accident.
How is motorcycle accident compensation calculated?
There is no fixed formula for calculating the value of a motorcycle accident claim. Compensation depends on the circumstances of the crash, the severity of your injuries and the effect those injuries have had on your life.
A claim may include medical expenses, future medical treatment, lost wages, reduced earning capacity, property damage and other financial losses caused by the accident. Depending on the injuries and applicable Florida law, compensation may also be available for pain and suffering, permanent impairment, scarring, disfigurement and loss of enjoyment of life.
Motorcycle crashes often result in serious injuries that require lengthy treatment or create permanent limitations. For that reason, it is important to understand the long-term medical and financial impact of an injury before agreeing to a settlement.
The strength of the evidence, the degree of fault assigned to each party and the amount of available insurance coverage can also significantly affect the value of the claim.
What if the driver who hit me was uninsured or fled the scene?
You may still have options if the driver who caused your motorcycle accident was uninsured or left the scene before they could be identified.
One important potential source of recovery is uninsured or underinsured motorist coverage. If applicable coverage was purchased under an insurance policy that protects you, it may provide compensation when the responsible driver has no insurance or does not have enough insurance to cover your losses.
Florida law generally requires uninsured motorist coverage to be offered with automobile policies that include bodily injury liability coverage, although the named insured can reject that coverage in writing. Whether uninsured motorist coverage applies to a particular motorcycle accident depends on the policies involved and their terms.
In a hit-and-run case, report the crash to law enforcement immediately and preserve anything that may help identify the vehicle or driver, including photographs, witness information, surveillance footage, vehicle descriptions and debris from the scene. An attorney can also investigate potential insurance coverage and other sources of recovery.
Can I file a claim if a road hazard caused my motorcycle crash?
Potentially, yes. Not every motorcycle accident is caused by another driver. Dangerous roadway conditions can also contribute to serious crashes.
Road hazards may include large potholes, loose gravel, debris, defective pavement, inadequate maintenance, unsafe construction zones, missing or damaged warning signs, objects that have fallen from vehicles and other dangerous conditions.
Who may be responsible depends on what created the hazard and who had a legal duty to address it. Depending on the facts, a claim might involve a government entity, road contractor, construction company, property owner, commercial vehicle operator or another party.
These cases can be evidence-sensitive, so photographs and video of the road condition, the exact location of the crash, witness information and documentation of the motorcycle damage can be extremely important. When a government entity may be involved, additional procedural requirements and deadlines can also apply.
What if I wasn't wearing a helmet during the accident?
Not wearing a helmet does not automatically prevent you from pursuing a motorcycle accident claim in Florida.
Florida law allows a person over the age of 21 to operate or ride on a motorcycle without protective headgear if that person is covered by an insurance policy providing at least $10,000 in medical benefits for injuries resulting from a motorcycle crash. Riders who do not fall within that exception are generally required to wear qualifying protective headgear.
Helmet use may still become an issue when damages are evaluated. If the defense can establish that the absence of a helmet contributed to the severity of a particular injury, it may argue that some responsibility should be attributed to the rider. That does not necessarily eliminate a claim against the person who caused the crash.
Florida uses comparative fault principles in negligence cases, so the specific circumstances of the accident and the connection between helmet use and the injuries must be evaluated rather than assuming that failure to wear a helmet defeats the entire case.
Can I pursue compensation if I am partially at fault for the truck accident?
Potentially, yes. Florida uses a modified comparative fault system for applicable negligence claims. This means you may still recover compensation when you share some responsibility for the truck accident, but your recovery can be reduced according to your percentage of fault.
For example, if another party is found to be 75% responsible for the crash and you are found to be 25% responsible, a damages award could generally be reduced by 25%.
Under current Florida law, a person who is found to be more than 50% at fault for their own harm generally cannot recover damages in a negligence action covered by the statute.
Truck accident cases can involve several potentially responsible parties, including the truck driver, trucking company, maintenance providers, cargo-loading companies or vehicle manufacturers. A thorough investigation is important before accepting an insurance company’s assessment of fault.
How long do I have to file a truck accident lawsuit in Florida?
Most Florida truck accident negligence claims are generally subject to a two-year statute of limitations. In many cases, that means a lawsuit must be filed within two years from the date the cause of action accrued.
A two-year limitations period also generally applies to Florida wrongful death actions when a loved one dies as a result of a truck accident.
However, the exact deadline can depend on the circumstances of the case, and different notice requirements or time limits may apply when certain defendants, including government entities, are involved.
It is also important not to wait simply because time remains on the legal deadline. Trucking companies may possess driver logs, electronic vehicle data, maintenance records, dash camera footage and other evidence that should be identified and preserved as early as possible.
What do I do immediately after a truck accident?
Your first priority after a truck accident should be safety and medical care. Call 911, wait for law enforcement to arrive and make sure the collision is documented in an accident report. Allow emergency medical personnel to assess you and obtain appropriate follow-up treatment for your injuries.
If you are physically able to do so, document the accident scene before conditions change. Take photographs and video of the vehicles, truck, trailer, roadway, debris, skid marks, cargo, visible injuries and property damage. Obtain the names and contact information of witnesses and exchange identifying and insurance information with the drivers involved.
Avoid discussing fault or giving unnecessary statements to the trucking company’s insurer at the scene. Commercial trucking accidents may involve evidence that does not exist in an ordinary car crash, including electronic logging data, vehicle records, driver qualification information, maintenance records and cargo documentation.
Speak with an experienced truck accident attorney as soon as reasonably possible so important evidence can be identified and preserved while you focus on your medical treatment and recovery.
How long do I have to file a claim for a bicycle or pedestrian accident in Florida?
For many bicycle and pedestrian accident claims based on negligence in Florida, the general statute of limitations is two years. This generally means that a lawsuit must be filed within two years from the date the cause of action accrued.
However, the exact deadline can depend on the circumstances. Different time limits or additional notice requirements may apply when a government entity is involved, when the accident results in a wrongful death or when another type of legal claim is being pursued.
It is also important not to wait until the deadline is approaching. Evidence such as surveillance footage, photographs, witness information and vehicle data can become unavailable over time.
Speaking with an attorney early allows the applicable deadline to be identified and gives your legal team an opportunity to preserve important evidence while it is still available.
What types of compensation can I seek after a bike or pedestrian accident?
The compensation available after a bicycle or pedestrian accident depends on the nature of the injuries, the financial losses caused by the accident and the specific circumstances of the claim.
Potential compensation may include past and future medical expenses, lost wages, reduced future earning capacity, rehabilitation costs and other financial losses resulting from the accident.
Depending on the severity of the injuries and applicable Florida law, a claim may also include compensation for pain and suffering, mental anguish, permanent impairment, scarring or disfigurement and the effect the injuries have had on normal activities and quality of life.
Serious bicycle and pedestrian accidents can create long-term medical and financial consequences, so it is important to evaluate both current losses and reasonably anticipated future needs before resolving a claim.
What should I do if I've been involved in a bicycle or pedestrian accident?
Your first priority should be your safety and medical care. Call 911, report the accident to law enforcement and obtain emergency medical attention when necessary. Even if you believe your injuries are relatively minor, consider being evaluated promptly because some injuries may not be immediately apparent.
If you are physically able to do so, document the accident scene. Take photographs or video of the vehicle, bicycle, roadway, crosswalks, traffic signals, damage, debris and any visible injuries. Obtain the driver’s contact and insurance information and the names and contact details of any witnesses.
Avoid discussing fault or giving unnecessary statements to the other driver’s insurance company before you understand your rights. Keep copies of the crash report, photographs, medical records, bills and any correspondence relating to the accident.
Because important evidence such as surveillance footage can disappear quickly, speaking with an experienced bicycle or pedestrian accident attorney soon after the collision can help preserve evidence, identify available insurance coverage and determine who may be responsible for your injuries.
What compensation can I receive for a premises liability claim?
If you can prove the required elements of a premises liability claim, you may be entitled to compensation for both economic and non-economic losses caused by the incident.
Economic damages can include medical expenses, future medical care, lost wages, reduced future earning capacity, rehabilitation costs and damage to personal property.
Non-economic damages may include compensation for pain and suffering and the broader effect the injury has had on your daily life.
The value of a premises liability claim depends on the severity of the injuries, the evidence establishing negligence and the extent of the losses caused by the unsafe condition.
What should I do if I've been injured on someone else's property?
Seek prompt medical attention after the accident, even if your injuries do not initially seem serious. Some injuries may not be immediately apparent, and medical records can also document the connection between the incident and your condition.
Report the accident to the property owner, business owner or manager as soon as possible. If you were injured at a store, restaurant, shopping center or similar location, ask that an incident report be completed.
If you can safely do so, take photographs or video of the dangerous condition, the surrounding area and your injuries. Obtain the names and contact information of anyone who witnessed the accident.
Avoid assuming that photographs, surveillance footage or other evidence will remain available. Speaking with an experienced premises liability attorney early can help preserve important evidence and determine whether the property owner or another party may be responsible.
What needs to be proven in a premises liability case?
Being injured on someone else’s property does not automatically make the property owner responsible. A premises liability claim generally requires evidence showing that the defendant owed you a duty of care, breached that duty and that the breach caused your injuries and resulting losses.
The specific evidence required depends on the type of dangerous condition involved. In a Florida slip-and-fall case involving a transitory foreign substance in a business establishment, for example, the injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to correct it.
Constructive knowledge may be established by showing that the condition existed long enough that the business should have discovered it through ordinary care, or that the condition occurred regularly enough to make it foreseeable.
Photographs, surveillance footage, incident reports, maintenance records, witness statements and evidence showing how long a hazard existed can all become important in establishing a premises liability claim.
Who is held liable for a premises liability case in Florida?
Responsibility in a Florida premises liability case depends on who owned, possessed, controlled or was responsible for maintaining the property and the dangerous condition that caused the injury.
A property owner may be responsible for failing to maintain reasonably safe premises or warn visitors about dangerous conditions. A property management company may also share responsibility when its own negligence contributed to the hazard.
Depending on where and how the injury occurred, other potentially responsible parties can include business operators, tenants, contractors, government entities or transit authorities.
An attorney can investigate ownership records, leases, maintenance agreements and other evidence to determine who had responsibility for the area where the accident occurred and identify all parties who may share liability.
Is there a time limit to file my defective product claim in Florida?
Yes. Florida law includes a statute of limitations that places a time limit on pursuing defective product claims against manufacturers, retailers and other potentially responsible parties.
For claims arising after March 24, 2023, injured consumers generally have up to two years to file a lawsuit. However, other deadlines and legal considerations may apply depending on the specific circumstances of the case.
It is usually better to obtain legal advice well before the deadline approaches. Product liability cases can require investigation into the product’s design, manufacturing history, warnings, recalls, distribution records and other evidence that may become harder to obtain over time.
An experienced product liability attorney can review the circumstances of your injury, identify the applicable deadline and help preserve the evidence needed to evaluate your claim.
Do I have rights if I was injured by an old or expired product?
You may still have legal rights if you were injured while using an older product. The age of the product does not automatically eliminate a potential product liability claim.
The circumstances surrounding the product are important. An attorney may need to consider how the product was designed, manufactured, maintained, stored and used, as well as whether warnings or instructions were provided and whether the product had been altered after it left the manufacturer.
An expired product can present different issues. When packaging includes a clear expiration or “use by” date, that warning may become important in determining whether the manufacturer or retailer can be held responsible for injuries occurring after the stated date.
Because these cases are highly fact-specific, the best way to determine whether you still have a claim is to have the product and surrounding circumstances evaluated by an experienced product liability attorney.
What types of products do Florida's product liability laws cover?
Florida product liability law can apply to a very broad range of products made available to consumers. This can include household goods, toys, motor vehicles, medications, medical devices, tools, machinery, electronics and many other types of consumer products.
Product liability claims commonly involve one of three types of defects: a dangerous design, a manufacturing defect or inadequate warnings or instructions.
Depending on the circumstances, responsibility may extend to a manufacturer, distributor, retailer or another party involved in placing the defective product into the stream of commerce.
The key issue is whether the product was defective or unreasonably dangerous and whether that condition caused the injury. An attorney can investigate the product, applicable safety standards, recall history and other evidence to determine whether a viable claim exists.
What damages are awarded in a wrongful death lawsuit?
The damages available in a Florida wrongful death case depend on the relationship between the surviving family members and the person who died, as well as the financial and personal losses caused by the death.
Potential damages can include the value of lost support and services, medical and funeral expenses, and certain losses suffered by surviving family members. A surviving spouse may also be able to recover for the loss of companionship and protection and for mental pain and suffering.
Children may be entitled to damages for the loss of parental companionship, instruction and guidance, as well as mental pain and suffering in circumstances allowed by Florida law. Parents may also have certain rights to recover damages depending on the age of the person who died and the circumstances of the claim.
The estate may also recover certain losses, including qualifying lost earnings and medical or funeral expenses that became obligations of the estate. Because wrongful death damages are highly dependent on the surviving family structure and the facts of the case, each claim should be evaluated individually.
Who can file a wrongful death lawsuit in Florida?
Under Florida law, a wrongful death lawsuit is brought by the personal representative of the person who died.
The personal representative brings the action for the benefit of the decedent’s surviving family members and estate. The complaint must identify the potential beneficiaries of the wrongful death recovery and explain their relationship to the person who died.
Depending on the circumstances, eligible survivors may include a spouse, children, parents and certain other relatives who were dependent on the deceased person for support or services. The damages available to each survivor can differ based on that person’s relationship to the decedent.
An experienced wrongful death attorney can determine who qualifies as a survivor, identify the damages that may be available to each beneficiary and work with the personal representative to pursue the claim.
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