After a Crash in Florida: 10 Mistakes That Kill Your Case
Simple steps to protect yourself. This is general information, not legal advice.
Waiting past the lawsuit deadline
Florida generally gives you two years to bring a negligence lawsuit, but exceptions can shorten or change that time. Do not wait until evidence disappears or the deadline is close to ask a qualified lawyer about your specific facts.
Ignoring Florida's 51% fault bar
If you are found more than 50% responsible, Florida law generally prevents you from recovering damages in a negligence case. Stick to facts, avoid guessing about fault, and preserve evidence that shows what happened.
Signing releases too quickly
A release can permanently end your right to seek more money, even when injuries turn out to be worse than expected. Read every document and consider getting independent legal advice before signing.
Missing the 14-day PIP window
Florida PIP benefits generally require initial medical care within 14 days after the crash. Delaying may put up to $10,000 in medical and disability benefits at risk, so seek appropriate care promptly if you are hurt.
Giving a recorded statement unprepared
An adjuster may compare every word with later medical records or testimony. Confirm who is asking, why it is required, and consider speaking with counsel before agreeing to a recorded statement.
Leaving unexplained treatment gaps
Insurers may argue that long gaps mean you recovered or were not seriously injured. Follow medical advice and, if work, cost, transportation, or another issue interrupts care, keep a clear record of why.
Posting about the crash online
Photos, check-ins, jokes, and comments can be taken out of context and used against you. Tighten privacy settings, avoid discussing the collision or injuries, and ask friends not to tag you.
Skipping a police report
A report creates an early record of the people, vehicles, location, and reported facts. Call law enforcement when appropriate and later obtain the report number and a copy.
Admitting fault at the scene
Be humane and cooperative, but do not speculate or apologize in a way that sounds like accepting legal blame. Share accurate facts with police and exchange required information.
Losing evidence
Vehicles get repaired, video is overwritten, and witnesses become hard to find. Save photos, dashcam files, clothing, receipts, medical paperwork, witness contacts, and a written timeline in more than one safe place.