Injured in a car accident in Florida? Medical bills are due now, but you only have 2 years to file. We move fast and build the case the at-fault carrier has to take seriously.
A car accident can change your life in seconds. The medical bills arrive within weeks, lost income compounds, and the at-fault driver's insurance company is already building a file designed to pay you as little as possible. Florida's 2023 tort reform (HB 837) cut the statute of limitations on negligence claims from 4 years to 2 years and tightened comparative fault rules, which makes early action more important than ever. Ilabaca Law represents Florida drivers, passengers, and pedestrians injured in car accidents anywhere in the state.
Every Florida driver carries Personal Injury Protection (PIP) coverage of at least $10,000 under the state's no-fault system. PIP pays 80% of medical expenses and 60% of lost wages regardless of fault, but with a critical condition: medical treatment must begin within 14 days of the accident under Fla. Stat. § 627.736. Miss the 14-day window and PIP coverage drops from $10,000 to $2,500. Get to a doctor immediately, even if the injuries seem minor. We have seen too many cases where people pushed through pain for two weeks and lost most of their PIP coverage as a result.
Florida's no-fault law limits when you can sue the at-fault driver for pain and suffering. To pursue a third-party injury claim, you generally must have a "permanent injury within a reasonable degree of medical probability," significant scarring or disfigurement, or a permanent injury other than scarring. PIP covers immediate medical and wage losses; the bodily injury claim against the at-fault driver covers everything PIP does not (the remaining 20% of medical, the remaining 40% of wages, full future care, pain and suffering, and loss of enjoyment of life).
A complete car accident claim addresses past medical expenses, future medical care (often the largest single component for serious injuries), lost wages, lost earning capacity, property damage to the vehicle, diminished value, and pain and suffering. For wrongful death cases, Florida's Wrongful Death Act adds loss of support, loss of companionship, and survivor damages. The claim value depends on the severity of injury, the strength of the medical documentation, the available insurance limits (the at-fault driver's plus your own UM/UIM), and the legal fault analysis.
Car accident attorneys who move fast, document hard, and negotiate from proof.
Florida car accident cases typically turn on four levers:
Police reports, witness statements, scene photos, dashcam footage, and (when needed) accident reconstruction establish who was at fault and to what degree.
HB 837 modified Florida's comparative fault rule: if you are more than 50% at fault, you recover nothing. We document liability tightly to avoid that cliff.
Treatment records, imaging, expert opinions on causation and prognosis, and future-care projections drive the medical portion of the claim.
The at-fault driver's liability limits often cap recovery. We always look at your own UM/UIM coverage as additional source of recovery when the other side is underinsured.
Call 911 if anyone is injured. Get to a doctor within 14 days even if you feel okay; adrenaline masks pain, and untreated soft-tissue injuries become chronic. Photograph the scene, the vehicles, the damage, and any visible injuries. Get the other driver's name, license, registration, and insurance information. Get contact information for any witnesses. Do not give a recorded statement to the other driver's insurance company. Do not sign anything from the other driver's carrier without legal review. Call us before talking to any insurance adjuster other than your own.
The at-fault carrier will dispute liability ("she ran the red light, not him"), dispute injury severity ("the impact was minor"), dispute causation ("the back pain is pre-existing"), and stall ("we are still investigating"). We counter with witness statements, accident reconstruction, biomechanical analysis (how did the forces produce the injury?), pre-accident medical records (to distinguish new injury from old), and timely written demands that put the carrier on notice.
2 years from the date of the accident to file a negligence claim, for accidents on or after March 24, 2023 (HB 837). Earlier accidents follow the prior 4-year rule. Miss the deadline and the claim is barred regardless of merit.
Medical treatment must begin within 14 days of the accident or PIP coverage is reduced from $10,000 to $2,500. Get to a doctor immediately.
Modified comparative fault under HB 837: if you are more than 50% at fault, you recover nothing. Liability documentation is now decisive in a way it was not before 2023.
We open the file with a no-obligation case review, get the police report and accident records, and put the at-fault carrier on written notice immediately. We coordinate with your medical providers, document the full course of treatment, and develop the damages file. We make a written demand backed by evidence; if the carrier refuses to engage reasonably, we file suit and take the case through to verdict if needed.
Insurance adjusters call accident victims fast, often within 24 hours, hoping for a recorded statement and a quick low settlement. Your best leverage is getting a lawyer involved before any of that happens. Attorney Nicholas Ravinet builds evidence-driven files, protects the deadlines, and negotiates from a position of proof.
Start your free case review today. Send us the police report and any photos and Attorney Ravinet will follow up promptly.
Every car accident case is different. The best answers come from looking at the police report, your medical records, and the available insurance coverage. Contact Ilabaca Law for a free, no-obligation review and clear next steps.
For accidents on or after March 24, 2023, Florida's statute of limitations on negligence claims is 2 years (HB 837 cut it from the prior 4 years). Accidents before that date follow the old 4-year rule. Either way, the deadline is firm: miss it and the claim is barred regardless of how strong the underlying merits are. Earlier deadlines may apply for specific defendants (governmental entities have separate notice requirements).
Most cases settle without a lawsuit. We open the case with a written demand backed by medical records, expert opinions, and damages documentation. The at-fault carrier evaluates the demand and either negotiates seriously or pushes us to litigation. We file suit when the offer falls short of what the case is worth, and we take cases to trial when needed.
Florida's no-fault law (Fla. Stat. § 627.736) requires you to begin medical treatment within 14 days of the accident or your PIP coverage drops from $10,000 to $2,500. Many people delay treatment, push through pain, or wait for symptoms to develop, and they lose the bulk of their PIP coverage as a result. Get to a doctor immediately, even if you think you are fine.
Three big changes. First, the negligence statute of limitations was cut from 4 years to 2 years. Second, Florida moved from a "pure" comparative fault rule to a "modified" rule: if you are more than 50% at fault, you recover nothing. Third, several other tort-reform provisions changed how damages are calculated and presented. The net effect is that liability documentation matters more than it used to, and the deadline pressure is higher.
Then your own UM/UIM (uninsured/underinsured motorist) coverage steps in. Florida has one of the highest underinsured-driver rates in the country, so this scenario is common. We always check your UM/UIM coverage as part of the claim and, if it applies, pursue both the at-fault carrier and your own UM/UIM carrier.
Florida law limits how carriers can use no-fault accidents to raise rates, particularly for accidents that were not your fault. The premium impact is rarely a reason not to pursue a meritorious claim. The cost of unpaid medical bills and lost wages dwarfs any small premium increase.
No, not without legal review. The other driver's carrier is not on your side, even if the adjuster sounds friendly. Recorded statements are used to lock in inconsistencies, minimize injuries, and shift fault. You are required to cooperate with your own carrier under your policy; you are not required to talk to the other side's carrier at all.
Nothing up front. Personal injury cases are handled on a contingency-fee basis, with no attorney's fees unless we recover for you. Our fee comes out of the settlement or verdict, not your pocket. We will review your case at no cost and tell you exactly where it stands.
…and every county in between. Florida-only practice, statewide reach.
Florida deadlines are short. Get a free case review and a straight answer on what your claim is actually worth.
