7 Myths About Florida Personal Injury Claims


There are many misconceptions when it comes to personal injury claims in Florida. Some may be based on the general motivations of the attorney involved in the case, while others may be due to a misunderstanding of how the claims process works for those cases.

Today we will be discussing 7 Myths About Florida Personal Injury Claims to shed some light on the subject and help you determine if you have a case yourself.

1. Florida No-Fault Means You Are Not Responsible

No. Just because Florida is a no-fault state doesn’t mean you’re at fault in a traffic accident. All vehicles registered in the state must carry a $10,000 personal injury protection (PEP). This coverage extends to the insured, whoever is responsible for the accident.

This does not mean that the negligent party is no longer responsible for the accident. Keep in mind that $10,000 may not reduce medical costs in the event of a serious car accident resulting in significant injuries.

2. Your claim is only valid for four years

Yes, to some extent. The statute of limitations for automobile accidents in Florida is four years. However, some personal injury cases only have a two-year statute of limitations, including medical malpractice cases. There are also some situations where the time limit for filing the claim may be extended, but this is rare. The sooner you consult a lawyer and file your claim, the better.

3. You can collect damages even when you are at fault

Yes, to some extent. Florida follows what is called pure comparative fault. This means that each party involved in the accident is financially responsible for their percentage of fault. Even if you were 99% responsible for the accident, you could still collect the remaining 1%.

4. My insurance company will cover everything

No. It is unfortunately not true. People often trust their insurance company too much and then are shocked to find that they won’t cover what they thought they would. If you place too much trust in the insurance company covering your medical expenses and loss of income, you may waste too much time filing your claim.

5. Florida personal injury lawsuits are too expensive

Bad. Personal injury cases in Florida are generally handled on a contingency fee basis. This means that you are not paying your personal injury lawyer out of pocket, but rather out of your earnings. All the details and terms are explained to you in advance and given to you in writing.

A percentage of what you earn in your lawsuit is what the lawyer will take for his services. Initial consultations are also free, so thinking that personal injury cases are too expensive to file is the wrong mindset.

6. You can only take legal action when you are seriously injured.

Bad. This is another myth. You don’t have to be seriously injured to file a claim after an accident. Some cases fall under what are called serious injury thresholds, but this only applies to certain types of damage and in certain cases. You may be entitled to compensation even for minor injuries. Discuss your case with a qualified Sarasota personal injury attorney who can guide you through the process and ensure that you receive a fair settlement.

7. A lawsuit punishes the negligent person

Not necessarily. In most cases, the insurance company actually covers bodily injury claims. This applies to various personal injury cases, including car accidents, dog bites, and boating accidents.

If the negligent party does not have insurance or sufficient coverage to fully cover your claim, you may be able to pursue the claim with your own insurance company. You must first try to go through the other person’s insurance.

As you can see, there are many myths and truths to uncover when it comes to personal injury cases in Florida. If you still have questions, do not hesitate to contact an experienced lawyer.

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