Personal Injury FAQs – Florida Accident and Injury Claim Answers

If you were injured in an accident in Florida, you probably have a lot of questions. How long do you have to file a claim? Do you need a lawyer? What damages can you recover?

At the Law Offices of Jason Turchin, we’ve helped thousands of accident victims in Florida and throughout the U.S. with their injury claims. Below, we answer some of the most common questions people ask about personal injury cases in Florida.

If you need immediate help with your case, call us at 800-337-7755 or chat with us online for a free consultation. You won’t pay any fees or costs unless we win or settle your case.

What is a personal injury case?

A personal injury case arises when someone is hurt because another person, business, or entity acted negligently. To succeed, you typically must prove:

1. The defendant had a duty to act reasonably.
2. They breached that duty.
3. Their actions (or inactions) caused your injury.
4. You suffered damages (like medical bills or lost wages).

Examples include car accidents, slip and falls, cruise injuries, product liability cases, medical malpractice, and negligent security incidents.

How long do I have to file a personal injury claim in Florida?

Florida generally gives you two years from the date of the injury to file a lawsuit (reduced from four years in 2023).

Special rules may apply:

• Against government entities – You may need to file a notice of claim within 3 years, but you may be limited to two years from the date of incident.
• Nursing home negligence – Often limited to 2 years.
• Medical malpractice – Two years from discovery.
• Cruise passenger injury – One year from date of incident.

Because deadlines vary, it’s best to speak with a lawyer right away to avoid losing your right to sue.

What if I was injured in Florida but live in another state?

If you were hurt in Florida, your case should be handled by a Florida-licensed lawyer. Out-of-state attorneys cannot represent you here unless they partner with a Florida lawyer.

We often represent tourists injured in Florida at hotels, resorts, amusement parks, cruise ports, and beaches. Many of our clients live outside the state, and we handle their cases remotely by phone, email, and video. You may not even need to travel back to Florida.

Who can be sued in a Florida personal injury case?

Defendants may include:

• Drivers who cause car crashes.
• Property owners who fail to fix dangerous conditions.
• Businesses like Walmart, Publix, Costco, Walgreens, CVS, and Disney.
• Landlords, apartment complexes, and security companies in negligent security cases.
• Product manufacturers and retailers for defective products.

Do I need a lawyer or can I handle my case alone?

You are not legally required to hire a lawyer, but many people find it difficult to negotiate with insurance companies on their own. Adjusters often try to minimize payouts.

An experienced injury lawyer can:

• Investigate your accident.
• Collect evidence and witness statements.
• Calculate the full value of your damages.
• Negotiate with insurers.
• File a lawsuit if necessary.

Hiring a lawyer may increase the chances of recovering fair compensation.

How much does a personal injury lawyer cost?

Most Florida personal injury lawyers, including our firm, work on a contingency fee basis. That means:

• No upfront costs.
• You only pay if there is a settlement or verdict.
• If there is no recovery, you owe nothing.

This arrangement allows victims to pursue justice without financial risk.

What damages can I recover in a personal injury lawsuit?

Depending on your case, you may recover compensation for:

• Medical bills and rehabilitation
• Lost wages and loss of future earnings
• Pain and suffering
• Emotional distress
• Property damage
• Loss of companionship (in wrongful death cases)

What happens if I was partially at fault?

Florida follows a modified comparative negligence rule. If you were less than 50% at fault, you can still recover damages, but your recovery may be reduced by your percentage of fault. If you are found more than 50% at fault, you may not recover damages.

How long do personal injury cases take in Florida?

The timeline depends on the complexity of your case:

• Simple claims may settle in a few months.
• Cases with disputed liability may take 1–2 years.
• Cases that go to trial may take even longer.

Insurance companies sometimes delay to pressure victims into smaller settlements. A lawyer can push the process forward.

Will my case go to trial?

Most personal injury cases settle before trial. However, if the insurance company refuses to make a fair offer, your lawyer may recommend filing suit and preparing for trial.

What if the injury happened at work?

Workplace injuries are usually covered by workers’ compensation. However, if a defective product or third party caused your injury (for example, a subcontractor or equipment manufacturer), you may have both a workers’ comp claim and a personal injury lawsuit.

Can I sue for pain and suffering in Florida?

Yes. Pain and suffering damages compensate you for physical pain and emotional distress caused by your injuries. In Florida car accident cases, you generally need to meet a permanent injury threshold to recover pain and suffering damages.

What if the at-fault person has no insurance?

If the person who injured you has no insurance, you may still recover through:

• Uninsured motorist coverage (UM) in auto accidents.
• Property owner liability insurance in slip and falls.
• Direct lawsuits against the responsible party (though collection may be difficult).

How much is my case worth?

The value depends on:

• Severity of injuries
• Cost of medical care
• Lost wages and future earning potential
• Permanent disability or scarring
• Emotional and psychological impact

Each case is unique, so it’s impossible to give an exact number without reviewing the facts.

Example Florida Case Scenarios

1. Slip and Fall at Publix in Miami – A shopper slips on a spilled drink with no warning signs, breaking a hip. The store may be liable for failing to maintain safe conditions.
2. Tourist Injury at Orlando Theme Park – A visitor is injured on a defective ride. Even though they live in another state, Florida law applies.
3. Car Crash in Fort Lauderdale – A distracted driver rear-ends another car. The victim suffers whiplash and back injuries and files a personal injury lawsuit.

Contact the Law Offices of Jason Turchin

If you or a loved one were injured in Florida, the Law Offices of Jason Turchin may be able to help. We handle cases statewide, including Miami, Fort Lauderdale, Orlando, Tampa, Palm Beach, and beyond.

Call us at 800-337-7755 or chat with us live for a free consultation. You won’t pay any fees or costs unless we win or settle your case.