If you were injured in an accident in Florida, you have the right to seek payment for the harm caused by another’s carelessness. What does that mean in simple terms? It means Florida law provides a way for you to hold the responsible person or company accountable for the financial and personal toll the injury has taken on your life.

The process involves filing a personal injury claim to recover money for your medical bills, lost income, and the ways the injury has altered your daily life. Our role is to manage this entire process for you. While you focus on recovering, we handle the legal deadlines, the detailed paperwork, and all communications with the insurance providers.

It’s understandable to feel unsure about what to do next. We’re here to provide clear answers to your questions. Contact Your Insurance Attorney for a no-cost discussion about your situation. Call us at 888-570-5677.

Why Work With Your Insurance Attorney?

Our firm was founded to help individuals, not large corporations. We have a deep understanding of how insurance companies work because we have handled over 75,000 cases. This specific focus has allowed us to recover more than $1 billion for our clients.

When you work with us, our team takes over the entire burden.

• Direct & Personalized Attention: You will have a direct line to our team, and we ensure you are always informed. Our attorneys, including bilingual speakers, make sure nothing is lost in translation.
• No Upfront Costs: We operate on a contingency fee basis. Put simply, you do not pay us anything unless we secure a financial recovery for you. The initial case review is always free.
• A Record of Results: Our firm has a long history of handling difficult cases and seeing them through to a successful resolution. We prepare every case as if it is going to trial, which places our clients in a stronger negotiating position.

We are located at 2601 South Bayshore Drive, on the 5th floor, right in the heart of Miami’s Coconut Grove. Our office overlooks Biscayne Bay and is a short drive from Brickell and Downtown, making us accessible to clients throughout South Florida.

What Kind of Compensation Could Be Available in a Florida Injury Claim?

The purpose of a personal injury claim is to make you “whole” again from a financial perspective. This means pursuing payment for every single loss the accident caused. In Florida, these losses are divided into three distinct categories.

1. Economic Damages: The Tangible Costs

These are the most direct losses because they come with a receipt, an invoice, or a pay stub. They represent the clear financial cost of the injury.

Examples Include:

• All Medical Bills: This covers everything from the ambulance ride and emergency room visit to any future surgeries, physical therapy, and medications.
• Lost Wages: The income you have already lost because you were unable to work.
• Loss of Earning Capacity: If the injury permanently affects your ability to earn a living, this calculates the income you would have earned over your working life.
• Property Damage: The cost to repair or replace your vehicle after a car crash is a common example.

2. Non-Economic Damages: The Intangible Costs

These losses are just as real as medical bills, but they don’t have a specific price tag. They are meant to compensate you for the human cost of the injury.

Examples Include:

• Pain and Suffering: This accounts for the physical pain and emotional distress caused by the injury and the difficult recovery process.
• Mental Anguish: This can include conditions like anxiety, depression, or post-traumatic stress disorder (PTSD) that surface after a traumatic event.
• Loss of Enjoyment of Life: This provides compensation if the injury prevents you from participating in hobbies, activities, or simple daily routines that you once valued.

3. Punitive Damages: A Rare but Important Category

These damages are not meant to compensate you. They are intended to punish the at-fault party for extremely reckless or intentional behavior and to discourage similar conduct in the future. Under Florida Statutes § 768.72, punitive damages are only awarded in cases involving intentional misconduct or gross negligence.

How Does Florida’s Comparative Fault Rule Impact Your Claim?

As mentioned earlier, Florida follows a “modified comparative negligence” rule. It’s a legal concept that means your compensation may be reduced by whatever percentage of fault is assigned to you. If you are found to be more than 50% responsible, you are barred from recovering any damages at all. It is our job to ensure no blame is unjustly placed on you, as it directly reduces your financial recovery.

What Counts as Personal Injury Law in Florida?

A personal injury claim can arise whenever one person’s careless, reckless, or intentional act harms someone else. Though car accidents are very common, many other situations can lead to a valid claim. Our firm handles a wide range of these incidents.

Common Types of Accidents We See:

• Car and Truck Accidents: Collisions involving passenger vehicles, commercial trucks, and semi-trailers.
• Motorcycle Accidents: These typically result in severe injuries because the rider has little protection.
• Premises Liability (Slip and Fall): When an injury happens because a property owner failed to maintain a safe environment.
• Medical Malpractice: Harm caused when a healthcare professional deviates from the accepted standard of care.
• Wrongful Death: When a person’s death results from the negligence or wrongful act of another.

Common Injuries in These Cases:

• Traumatic Brain Injuries (TBIs): These range from concussions to severe, life-altering brain damage.
• Spinal Cord Injuries: Damage that might result in partial or total paralysis.
• Soft Tissue Injuries: Such as whiplash, which is a neck injury caused by a forceful, rapid back-and-forth motion.
• Broken Bones: Fractures that may demand surgery and lengthy rehabilitation.
• Internal Injuries: Damage to organs that is not always immediately apparent after an accident.

Where Do Most Serious Accidents Happen in South Florida?

An accident can occur anywhere, but certain roads and intersections in South Florida consistently see a higher number of crashes due to heavy traffic and challenging designs. Knowing these areas can help you stay more aware.

Based on traffic data and our experience, we see accidents frequently at:

• I-95 Intersections: The sections of I-95 passing through Miami-Dade and Broward counties are frequently cited as some of the most dangerous highways in the U.S. A combination of high speeds and dense traffic contributes to many serious collisions.
• Brickell Avenue Bridge: The constant stop-and-go traffic moving into and out of the Brickell financial district, along with the bridge’s openings for boats, creates conditions ripe for rear-end collisions and pedestrian accidents.
• The Dolphin Expressway (SR 836) and Palmetto Expressway (SR 826) Interchange: As one of Miami’s busiest interchanges, the continuous merging of traffic from multiple directions leads to a high volume of accidents.
• U.S. 1 (South Dixie Highway): This major road cuts through numerous neighborhoods and business districts, with countless traffic lights and crossings that create many opportunities for accidents.

Florida’s weather also contributes. Sudden, heavy rainstorms can make roads dangerously slick and reduce visibility in seconds, catching drivers off guard and causing multi-car pileups.

How Should You Interact with the Insurance Company?

Soon after an accident, an insurance adjuster from the at-fault party’s provider will likely contact you. It is helpful to remember that an insurance company is a business. It has a duty to its shareholders to remain profitable, which means it must balance paying legitimate claims with protecting its bottom line.

This means an adjuster’s job is to investigate the claim and resolve it for the lowest reasonable amount.

• Be Cautious with Recorded Statements: You may be asked to provide a recorded statement describing the accident. Seemingly harmless questions can be phrased in ways that might cause you to say something that could later be used to argue you were partially at fault.
• Don’t Accept the First Offer: It is standard practice for an insurer to make a quick settlement offer, sometimes before the full extent of your injuries is even known. An injury that feels minor at first may flare up and require long-term treatment. Accepting an early offer permanently closes your claim.
• Recognize the Process is Slow: The claim system is filled with paperwork and requires extensive documentation. It is easy to grow frustrated as medical bills pile up, which may tempt you to accept a lower offer just to resolve the matter.

The simplest way to protect your interests is to have a legal representative manage all communications with the insurance company. We handle the paperwork, provide the required documentation, and conduct all negotiations on your behalf. This frees you to focus on your recovery without the stress of dealing with the adjuster.

What Is the Personal Injury Claim Process in Florida?

1. Investigation and Evidence Gathering: The first thing we do is conduct a thorough investigation. This involves collecting the police report, speaking with witnesses, obtaining photos or videos of the scene and vehicles, and gathering your initial medical records. This evidence forms the foundation of your claim.
2. Building the Demand Package: Once you have completed your medical treatment, or reached a point of maximum medical improvement, we compile a “demand package.” This is a comprehensive document that details the facts of the case, establishes the other party’s liability, and includes all your medical bills, records, and proof of lost income. It ends with a specific monetary demand for settlement.
3. Negotiations with the Insurance Company: After sending the demand, we begin negotiations with the insurance adjuster. There is typically a period of back-and-forth communication. Our experience allows us to assess their offers and counter them effectively, always aiming to secure the maximum compensation available.
4. Filing a Lawsuit (If Necessary): If the insurance company refuses to offer a fair settlement, the next step is to file a lawsuit. This does not mean your case will go to trial. In fact, many cases settle after a lawsuit is filed but before a trial begins, as the pressure of litigation often brings both sides to the table.
5. Discovery and Mediation: If a lawsuit is filed, both sides enter the “discovery” phase, where they exchange information and evidence through depositions, interrogatories, and requests for documents. Most courts in Florida require the parties to attend mediation—a formal settlement conference—to try and resolve the case before trial.
6. Trial: The small percentage of cases that do not settle will proceed to trial. We prepare every case from day one as if it will end up in front of a jury, ensuring we are always ready to present the strongest possible argument on your behalf.

What Should You Do from Home to Strengthen Your Claim?

While your attorney handles the legal work, there are practical steps you can take to support your claim for full compensation.

• Follow Your Doctor’s Treatment Plan. Adhere strictly to the treatment plan prescribed by your medical team. Attend all follow-up appointments, complete your physical therapy sessions, and take all medications as directed. This demonstrates that you are actively participating in your own recovery.
• Keep a Simple Journal. Each day, jot down a few notes about how the injury is affecting your life. Describe your pain levels, list any daily activities you struggle with, and note the injury’s impact on your sleep and mood.
• Track All Expenses. Maintain a file with every bill, receipt, and invoice related to the accident. This includes not only medical co-pays but also costs for prescriptions and mileage for travel to and from your doctor’s appointments.
• Stay off Social Media. Do not post any pictures, comments, or updates about the accident or your physical condition. A simple photo of you smiling at a family event could be taken out of context by an insurance company to argue your injuries are not as severe as you claim.
• Get a Copy of the Police Report. The official accident report contains important initial findings. We will obtain this for you, but having a copy for your own records is always a good idea.

You Don’t Have to Face This Alone

The thought of taking on an insurance company and the legal system while trying to heal can seem impossible. That’s a fight you don’t have to wage by yourself.

Our team at Your Insurance Attorney is here to lift that burden from you. We will manage the entire legal process so you can dedicate your energy to the one thing that truly matters: your recovery.

If you’re ready to learn about your options, the next step is a simple phone call. Contact us at 888-570-5677 for a free, no-obligation case evaluation.