Quick Answer: What should you do immediately after an accident in Florida?
- If you are involved in an accident in Florida, immediately call 911 or local authorities, seek medical attention within 14 days to preserve PIP insurance coverage, document the scene with photos, collect witness names and contact information, and consult a personal injury attorney before giving statements to insurance adjusters. Under Florida law, you generally have two years from the date of the incident to file a personal injury lawsuit.
- No one expects to get injured in an accident, but knowing what to do in the immediate aftermath can make or break your legal claim. When seeking financial compensation for medical bills, lost wages, and pain and suffering, Florida law requires you to prove that another party’s negligence caused your injuries.
- To build a successful personal injury claim, the experienced attorneys at Reinfeld Cabrera Tison recommend taking specific, proactive steps to protect your health and gather crucial evidence.
1. Document the Scene and Gather Crucial Evidence
Proving negligence requires establishing four key legal elements: duty of care, breach of duty, causation, and measurable damages. Collecting physical and digital evidence as soon as possible is the best way to satisfy these legal requirements.
- Report the Incident to Authorities: Always create an official paper trail. Call the police to file an official crash report for motor vehicle collisions. For dog bites or animal attacks, report the incident immediately to local animal control or police.
- Take Detailed Photographs: Capture clear photos and videos of your physical injuries, property damage, vehicle positioning, road conditions, traffic signs, or hazardous conditions (such as slippery floors or broken steps) that contributed to the incident.
- Collect Witness Information: Obtain the names, phone numbers, and email addresses of anyone who witnessed the accident. Eyewitness testimony provides unbiased support for your version of events.
- Write Down Everything You Remember: Memory fades quickly after a traumatic event. As soon as you are safe, record every detail about how the injury occurred, including the time, location, weather conditions, and what was said at the scene.
2. Seek Medical Attention Immediately (Florida’s 14-Day PIP Rule)
Your health is the top priority. Even if you believe your injuries are minor, see a doctor or visit an emergency room immediately. Internal injuries, soft-tissue damage, and concussions often show delayed symptoms.
In motor vehicle accidents, timely medical evaluation is also a strict legal requirement under Florida Statute § 627.736 (Florida’s No-Fault Insurance Law). You must receive medical treatment within 14 days of the crash to access your mandatory Personal Injury Protection (PIP) benefits, which cover up to $10,000 in medical care and lost wages. Missing this 14-day window can result in a complete denial of your PIP coverage.
3. Understand Florida’s Legal Deadlines and Fault Laws
Navigating a personal injury claim in Florida requires strict adherence to state statutory deadlines and comparative negligence standards:
| Florida Legal Rule | Statutory Details | Impact on Your Personal Injury Claim |
| Statute of Limitations (Fla. Stat. § 95.11) | 2 Years from the date of the injury (for claims accruing after March 24, 2023 under HB 837). | You must file a formal lawsuit within two years. Failing to meet this deadline permanently bars you from recovering compensation. |
| Fault Standard (Fla. Stat. § 768.81) | 51% Modified Comparative Negligence. | You can recover compensation if you are 50% or less at fault, but your recovery is reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover any damages. |
4. Consult an Attorney Before Speaking to Insurance Adjusters
Insurance company representatives often contact accident victims shortly after an incident to request recorded statements or offer quick, lowball settlements.
Insurance adjusters work for the insurance company, not for you. Their primary goal is to minimize the company’s financial payout. Before providing a recorded statement, signing medical releases, or accepting a settlement offer, consult a personal injury attorney. An attorney will evaluate the full scope of your medical needs, property damage, and future losses to ensure your rights remain protected.
Frequently Asked Questions (FAQ)
How long do I have to file a personal injury lawsuit in Florida?
Under Florida Statute § 95.11(4)(a), the statute of limitations for personal injury negligence claims in Florida is two years from the date of the accident for incidents occurring on or after March 24, 2023.
What is Florida’s 14-day PIP rule for car accidents?
Under Florida Statute § 627.736, individuals injured in an automobile accident must receive qualified medical care within 14 days of the crash to receive Personal Injury Protection (PIP) insurance benefits.
Can I still recover damages if I was partially at fault for the accident in Florida?
Yes, as long as you are 50% or less at fault. Florida operates under a modified comparative negligence rule where your financial recovery is reduced by your percentage of fault. However, if you are deemed more than 50% responsible for the accident, you are barred from collecting compensation.
Contact Reinfeld Cabrera Tison for a Free Case Evaluation
If you or a loved one has been injured in an accident, do not navigate the complex legal process alone. The personal injury and car accident attorneys at Reinfeld Cabrera Tison serve clients in Coral Springs, Broward County, and throughout South Florida.
- Call Us 24/7: 954-866-HURT (954-866-4878)
- Free Consultations: Available by phone or in person at our Coral Springs office.
