Florida Personal Injury FAQs

Navigating a personal injury claim can feel overwhelming, especially after an accident turns your life upside down. Whether it’s a car crash, slip-and-fall, medical mistake, or something else, understanding the basics of personal injury law is the first step to protecting your rights. 

Our attorneys at Stallworth Law cover the essential questions you need answered about what counts as a personal injury claim, how lawsuits work, who you may be suing, deadlines, costs, and more—all with a focus on Florida law. Knowing your options and how the process works can help you make confident decisions as you recover and move forward.

What Exactly Is a Personal Injury Claim?

A personal injury claim happens when someone gets hurt because another person acted carelessly or intentionally caused harm. This could be from car accidents, slip-and-falls, medical errors, dog bites, or injuries at work. In Florida, for a claim to qualify, the injury generally must involve some kind of physical harm; property damage alone usually isn’t enough unless it’s accompanied by bodily injury.

What Does It Mean to Sue Someone for a Personal Injury?

Suing means asking a court to hold the person or company responsible for the injury they caused. It’s a way to seek compensation for things like medical bills, lost wages, and the pain and hardship you’ve endured. The aim is to help cover your costs, allowing you to focus on healing and getting your life back on track.

Who Am I Really Suing in a Personal Injury Case?

Most often, you sue the person or business whose negligence caused your injury. For example, if you’re hurt in a car crash, you’d typically sue the other driver and their insurance company. In cases like product defects, you might sue the manufacturer or distributor. Sometimes, more than one party can be held responsible. Your attorney at Stallworth Law can help figure out all the right defendants to include.

Do I Need to Be Injured in a Specific Type of Accident to File a Claim?

No. Florida law covers many different kinds of injury-causing accidents. It doesn’t matter if it was a car accident, a slip in a store, a workplace injury, or a medical mistake. What matters is whether someone else’s careless or intentional act caused your harm. If it did, you may have a valid personal injury claim.

How Long Do I Have to File a Personal Injury Claim in Florida?

Generally, you have two years from the date of injury to file a lawsuit in Florida. Missing this deadline usually means losing your right to sue. There are some exceptions (like medical malpractice claims or if a minor is involved), so it’s a good idea to talk to a lawyer as soon as possible after the injury.

How Much Does It Cost to Hire a Personal Injury Lawyer?

At Stallworth Law, we work on a contingency fee basis—this means you don’t pay anything upfront. We only get paid if we recover money on your behalf. Typically, our fee comes out of the settlement or judgment, usually between 33% and 40%, depending on how your case progresses. We also cover case-related costs upfront, like court fees or expert witnesses, which are deducted from the final amount. This setup helps keep legal help affordable and focused on your recovery.

Does Insurance Cover Personal Injury Claims in Florida?

Yes, in many cases, auto insurance policies include Personal Injury Protection (PIP), which covers some medical expenses regardless of who caused the accident. However, it’s important to notify your insurance company quickly and understand the limits of your coverage. Beyond your own insurance, the at-fault party’s liability insurance may cover further damages. Navigating these insurance claims can be complex, so consulting with an experienced lawyer can help you maximize your benefits.

Will My Insurance Rates Increase After a PI Claim?

In Florida, your insurance company can’t just raise your auto insurance rates because you used your Personal Injury Protection (PIP) coverage after an accident. The law actually protects you from that. However, if you’re found to be mostly at fault for the accident—think 50% or more responsible—then the insurer might have a reason to increase your rates since they see you as a higher risk. So, simply filing a PIP claim won’t cause your rates to go up, but being significantly at fault could. Also, insurance companies have to be honest and fair about any rate changes, and if they raise your rates without a good reason, you can challenge them under Florida law.

What If I Had a Pre-Existing Condition Before the Injury?

Having a pre-existing condition doesn’t automatically disqualify you from receiving compensation. Florida law allows you to recover damages for the aggravation or worsening of any prior injuries or conditions caused by someone else’s negligence. Your attorney will help establish a clear link between the injury and how it affected your pre-existing condition for a fair claim.

Can I File a Personal Injury Claim If I Was Partially at Fault?

Florida uses a modified comparative negligence system. This means if you were partially responsible, your compensation may be reduced by the percentage of your fault. However, if you are found to be more than 50% responsible for your injury, you generally cannot recover damages.

What Should I Do Immediately After an Injury to Protect My Claim?

Seek medical attention promptly—even if injuries seem minor, documentation from a healthcare professional is essential. Report the incident to the relevant authorities if needed, take photos and collect witness information if possible, and keep track of all medical and repair bills. Avoid giving detailed statements to insurance companies before speaking with a lawyer.

How Do Florida’s Insurance Policies Affect My Personal Injury Recovery?

Florida requires drivers to carry Personal Injury Protection (PIP) insurance, sometimes called "no-fault" coverage. This means that regardless of who caused the accident, your own PIP will cover a portion of your medical bills (up to 80%) and lost wages (up to 60%), with maximum limits set by law—usually up to $10,000. PIP also covers some other expenses, like funeral costs.

However, PIP has its limits, and not all treatment or damages fall under it. If your medical costs exceed what PIP covers, or if your injury meets specific “serious injury” criteria, you may also be able to pursue additional compensation from the at-fault party’s insurance.

It’s important to notify your insurer quickly, meet treatment deadlines (like seeing a doctor within 14 days), and keep track of all medical visits. Insurance claims can be complex, and PIP coverage rules can be confusing. Working with a knowledgeable attorney can help you understand your coverage options, ensure insurance companies pay what they owe, and guide you toward full recovery.

What Documents Do You Need to File a Florida Personal Injury PIP Claim?

You’ll need the following documentation: 

• Insurance Policy Information – Auto insurance policy documents showing your PIP coverage details.
• Accident Report – A copy of the police report or incident report describing how the accident happened.
• Medical Records and Bills – Documentation of all treatment, including doctor’s notes, hospital bills, therapy records, and prescriptions.
• Proof of Lost Wages – Pay stubs, employer statements, or tax returns showing income lost due to injury-related time off work.
• Personal Identification – A valid form of ID, such as a driver’s license or state ID.
• Completed PIP Claim Form – The official insurance claim form, filled out accurately and completely.
• Correspondence Log – Written record of all communication with your insurance company, including emails, letters, and phone call notes.

Why Do I Need a Personal Injury Attorney in Florida?

Handling an injury claim in Florida can be complicated. Insurance companies may try to minimize payouts, and laws have strict rules and deadlines. An experienced attorney can guide you through the process, gather necessary evidence, negotiate with insurers, and advocate in court if needed—helping you avoid mistakes and increase your chances of getting fair compensation.

If you have any questions or want to learn more about your rights in Florida personal injury cases, consider scheduling a free consultation with one of our attorneys. We’re here to help clarify your options every step of the way.