Negligence is the most common cause of automobile accidents not only in Florida but nationwide. Generally speaking, a licensed driver is responsible for driving with reasonable care. This means they are responsible for driving safely, obeying traffic laws, and respecting the rights of other drivers. This responsibility is called the “duty of reasonable care” by law.
A driver can be found negligent if they breach their duty of reasonable care when operating their vehicle. This means the driver failed to act like a reasonable driver would have in the same or similar scenario. This could be something the driver failed to do, such as failing to yield or stop for a pedestrian, or something the driver did that they should not have done, such as speeding. Unfortunately, a negligent driver can and usually does cause harm or injury to another person.
No matter the circumstance, any auto accident can result in life-threatening injuries. While certain auto accidents can be more deadly than others, all accidents have the potential to be both physically and mentally traumatic.
What to Do After a Car Accident in Florida
What you do in the first hours and days after a crash shapes the value of your claim. If you have just been in an accident, work through these steps in order.
- Get to safety and call 911. Through September 30, 2026, notify law enforcement immediately after a crash involving injury, death or apparent property damage of at least $500. The property-damage threshold increases to $2,000 on October 1, 2026, under chapter 2026-39.
- Get medical attention within 14 days, even if you feel fine. Florida’s no-fault law generally requires initial services and care within 14 days after the crash to qualify for PIP medical benefits, and delayed injuries to the neck, back, and brain are common.
- Document the scene. Photograph vehicle damage, skid marks, road conditions, traffic signals, and your visible injuries. Get names and phone numbers from witnesses before they leave, because they are nearly impossible to find later.
- Exchange information, but do not discuss fault. Give the other driver your name, contact details, and insurance information. Do not apologize or speculate about what happened, because those statements end up in insurance files.
- Notify your own insurer carefully. Florida’s no-fault system means your first claim goes through your own PIP coverage. Report the crash promptly and stick to the basic facts.
- Do not give a recorded statement to the other driver’s insurer. You are not required to, and adjusters are trained to ask questions that shrink your claim.
- Talk to a car accident lawyer before you accept anything. Consultations with Weinstein Legal Team are free, and you pay nothing unless we win. You will not owe attorney’s fees or costs unless we recover for you. The earlier we are involved, the more evidence we can preserve.
Pursuing Maximum Compensation for Your Car Accident Injuries
Weinstein Legal Team has one goal: to protect your right to fair compensation. While accidents can occur in a split second, the resulting injuries can last a lifetime. Our team is here to listen to the details of your case, provide you with guidance, and fight for the compensation you deserve.
All too often, we’ve seen insurance companies offering auto accident victims far less than they deserve. That’s why we won’t settle until we know you’re receiving a fair amount of compensation for your injuries, lost wages, and pain and suffering.
How Long Do You Have to File a Car Accident Claim in Florida?
Florida law gives most car accident victims two years from the date of the crash to file a personal injury lawsuit. That deadline comes from Florida’s statute of limitations for negligence cases, Fla. Stat. § 95.11, which House Bill 837 shortened from four years to two in March 2023. If your accident happened before March 24, 2023, the older four-year deadline may still apply, and an attorney can confirm which rule governs your case.
Two years sounds like plenty of time, but building a claim takes most of it. Crash reports have to be obtained, medical treatment has to be completed or reach maximum medical improvement, experts have to review the file, and insurers have to be negotiated with, all before a lawsuit is ever filed. One deadline arrives much sooner: under Florida’s no-fault system you must seek medical treatment within 14 days of the accident to keep your Personal Injury Protection benefits.
Miss the statute of limitations and the court will almost certainly dismiss your case, no matter how strong it is. If you were hurt in a Florida car accident, talk to an attorney now, even if you are still deciding whether to pursue a claim.