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Car Accident Representation

Miami Car AccidentAttorney

Florida no-fault, third-party liability, and uninsured motorist claims handled directly by the attorney from intake through resolution. Plaintiff and defense representation across South Florida.

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Florida's 14-day rule under Fla. Stat. § 627.736 is strict. PIP benefits can be permanently forfeited if the injured person fails to seek initial medical treatment within 14 days of the accident. Early medical attention preserves both health and the claim.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Three Layers of Car Accident Cases

How Car Accident Cases Are Built

Florida car accident claims involve three parallel work streams that all have to be developed at the same time. The work in each stream feeds the others. A case that is strong in one area but weak in another typically settles below its real value.

01

Liability & Fault Investigation

Police reports, scene photographs, witness statements, vehicle damage, and surveillance video. Florida is a modified comparative negligence state under HB 837 with a 50% at-fault bar.

02

Insurance & Coverage

Florida PIP under Fla. Stat. § 627.736, third-party liability coverage, uninsured motorist coverage, and underinsured motorist coverage all run on parallel tracks. Coverage analysis happens day one.

03

Medical & Damages

14-day PIP treatment, ongoing care documentation, future care projections, lost wages, lost earning capacity, and pain and suffering when the no-fault threshold is met.

Three Critical Florida Deadlines

Three Statutes That Define These Cases

Florida car accident claims are governed by three time-sensitive frameworks. Missing any of them can permanently affect the recovery. The first 14 days, the first 2 years, and the no-fault threshold all matter for different reasons.

14
Days / PIP Treatment

Florida PIP 14-Day Rule

Initial medical treatment must occur within 14 days of the accident under Fla. Stat. § 627.736. Failing to meet this deadline can forfeit PIP coverage entirely.

2
Years / Statute of Limitations

Negligence SOL

For accidents on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period.

§
No-Fault Threshold

Threshold Test

Pain and suffering damages require crossing Florida's no-fault threshold under Fla. Stat. § 627.737: significant scarring, permanent injury, loss of important bodily function, or death.

Plaintiff & Defense Representation

Both Sides of Car Accident Litigation

The firm represents both injured drivers pursuing claims and businesses or insureds defending claims. The strategy is different on each side, but the underlying preparation and discipline is the same.

Pursuing a Claim

Plaintiff Representation

  • PIP, med-pay, and uninsured motorist benefit claims
  • Third-party liability claims against the at-fault driver
  • 14-day medical treatment and documentation strategy
  • No-fault threshold development for pain and suffering
  • Demand package preparation and negotiation
  • Litigation when carriers will not pay fair value
Defending a Claim

Defense Representation

  • Liability and comparative fault defense under HB 837 50% bar
  • Damages challenges including pre-existing condition analysis
  • No-fault threshold defense and admissibility motions
  • Discovery, IME coordination, and expert defense work
  • Settlement evaluation and offer of judgment strategy
  • Trial defense and post-judgment positioning
Florida Coverage and Recovery

Available Coverage Tracks

Florida car accident recoveries run on multiple insurance tracks. Identifying every available coverage at the start of the case preserves the maximum recovery.

Coverage / Recovery
Source
What It Covers
PIP (Personal Injury Protection)First-party
Your own policy
Up to $10,000 in initial medical and lost wages regardless of fault under Fla. Stat. § 627.736. Required coverage in Florida. 14-day treatment rule applies.
Med-Pay (Medical Payments)First-party
Your own policy
Optional coverage that pays additional medical bills regardless of fault. Stacks on top of PIP up to policy limits.
Bodily Injury LiabilityThird-party
At-fault driver's policy
The at-fault driver's coverage for the injured person's damages. Florida does not require this coverage, so many drivers do not carry it.
Uninsured Motorist (UM)First-party
Your own policy
Pays when the at-fault driver has no liability coverage. Often the primary recovery vehicle in Florida given the high rate of uninsured drivers.
Underinsured Motorist (UIM)First-party
Your own policy
Pays when the at-fault driver's coverage is not enough to cover the injured person's damages. Stacks on top of the at-fault driver's payment.
Pain & Suffering DamagesThreshold required
Third-party
Available only when the no-fault threshold under Fla. Stat. § 627.737 is crossed: significant scarring, permanent injury, loss of important bodily function, or death.
Lost Wages and Earning CapacityEconomic
Multiple sources
Past lost wages and future lost earning capacity. PIP covers a portion under the lost-wage component; the balance is recoverable as part of the third-party liability claim.
Comparative Negligence ReductionHB 837
Trial / Settlement
Florida is a modified comparative negligence state. Recovery is reduced by the injured person's percentage of fault. A finding of more than 50% fault bars recovery entirely.

Summary of Florida car accident coverage and recovery framework. Not legal advice. Specific availability, policy limits, and recovery amounts depend on the policies involved, the facts of the accident, the injuries sustained, and the comparative negligence findings.

Case Approach

How a Car Accident Case Gets Built

Car accident cases produce strong recoveries when they are built in the right order. Rushing past the foundation work to chase a quick settlement typically produces a weak settlement. Five areas drive the work.

Liability and the documentary record. The first 30 days matter most. Police reports, scene photographs, surveillance video, witness contact information, and vehicle damage documentation all become harder to gather as time passes. Cases with clearly established liability negotiate from a position of strength. Cases with disputed liability require accident reconstruction, additional witness work, and a longer development arc.

Coverage analysis. Every Florida car accident involves multiple potential coverages: the injured person's PIP, the injured person's UM and UIM, the at-fault driver's liability, any med-pay coverage, and any umbrella policies. Identifying every available source of recovery on day one preserves the maximum claim. Missing a coverage early can permanently reduce the recovery.

Medical treatment and the 14-day rule. Florida's PIP 14-day treatment requirement under Fla. Stat. § 627.736 is strict. The medical record drives both the PIP recovery and the third-party damages. Continuous, well-documented treatment with appropriate specialists supports the damages claim. Gaps in treatment, inconsistent records, or missed follow-ups all reduce case value.

Demand package and negotiation. Carriers respond to documents, not phone calls. A complete demand package with the police report, full medical records, expert reports where appropriate, wage documentation, and legal analysis of liability and damages is what produces a real settlement offer. Cases with thin demand packages tend to receive thin offers.

Litigation readiness. Most car accident cases settle. The cases that settle on favorable terms are the ones where the carrier knows the case will actually be tried if the offer is not adequate. Filing suit, completing discovery, taking depositions, and pushing toward trial often produces the resolution. The settlement that actually compensates the injured person typically comes when the carrier sees the case is being prepared seriously.

Common Questions

Frequently Asked Questions

What is Florida's 14-day rule and why does it matter?+
Florida's PIP 14-day rule under Fla. Stat. § 627.736 requires the injured person to seek initial medical treatment within 14 days of the accident. Failing to meet this deadline can permanently forfeit PIP benefits. Florida courts have interpreted this requirement strictly. Even if treatment is sought on day 15, PIP coverage may be lost.
How long do I have to file a lawsuit after a car accident in Florida?+
For accidents occurring on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period. The deadline is strict. Missing the statute of limitations permanently bars the claim. Earlier accidents (before March 24, 2023) may still have the 4-year deadline.
What is the no-fault threshold and why does it matter?+
Florida's no-fault threshold under Fla. Stat. § 627.737 limits when an injured person can sue the at-fault driver for pain, suffering, and other non-economic damages. The threshold requires significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death. Cases that meet the threshold can pursue full third-party damages. Cases below the threshold are generally limited to PIP and medical-payment benefits plus economic damages.
What happens if the at-fault driver has no insurance?+
Florida does not require bodily injury liability insurance. When the at-fault driver has no coverage, the injured person's own uninsured motorist (UM) coverage typically becomes the primary recovery vehicle. Underinsured motorist (UIM) coverage applies when the at-fault driver has some coverage but not enough. Reviewing all available first-party coverages early in the case is critical when the at-fault driver is uninsured.
What changed under Florida's HB 837 tort reform?+
HB 837 (signed March 24, 2023) made several major changes affecting car accident claims: cut the negligence statute of limitations from 4 years to 2 years; shifted Florida from pure to modified comparative negligence with a 50% at-fault bar; changed evidence rules for medical expense proof; and added notice and cure requirements for bad faith claims against insurance carriers. The cumulative effect is that injured plaintiffs have less time and face more procedural hurdles.
Should I talk to the insurance company before hiring an attorney?+
Generally no. Statements made to insurance carriers before counsel is involved are typically used to reduce or deny the claim. Recorded statements, casual phone conversations, and signed releases all carry consequences. Speaking with counsel before engaging the carrier protects the claim and the case value. Initial consultations are confidential and there is no obligation to retain.
What does it cost to hire a car accident attorney?+
Car accident cases are typically handled on contingency: the attorney is paid a percentage of the recovery only if there is a recovery. There is no upfront fee for plaintiff representation. Costs (filing fees, expert fees, deposition costs) are typically advanced by the firm and reimbursed at resolution. Defense representation is structured differently, typically on hourly or flat-fee arrangements.
How long does a car accident case take?+
It varies. Cases that resolve through pre-suit demand and negotiation typically take 6 to 12 months from the conclusion of medical treatment. Cases that require litigation typically run 12 to 24 months. Complex cases with serious injuries, multiple defendants, or contested liability can run longer. Full medical treatment and stabilization is usually the gating factor; case value cannot be evaluated accurately until treatment is complete or stable.
Does the firm represent both plaintiffs and defendants?+
Yes. The firm represents both injured drivers pursuing claims and businesses, insurers, or individual defendants facing claims. Each side requires different strategy, but the underlying preparation, document review, and disciplined approach to the case is the same. Conflicts are screened at intake on every matter.
Do you handle cases outside Miami?+
Yes. The firm handles car accident cases across South Florida.
Related Practice Areas

Related Personal Injury Matters

Car accident cases frequently overlap with other personal injury areas. Each related practice carries its own framework.

Truck Accidents

Commercial vehicle collisions involving federal motor carrier regulations, layered insurance, and corporate defendants. Different framework from passenger vehicle cases.

Learn More →

Motorcycle Accidents

Severe trauma cases with disputed visibility and contested fault patterns. Different statutory framework with specific rider considerations.

Learn More →

Insurance Disputes

Delays, undervaluation, denials, bad faith, and PIP litigation when carriers refuse to pay fair claim value. HB 837 framework applies.

Learn More →

Personal Injury

For accident cases that span multiple categories or where the case posture requires broader personal injury strategy.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Florida's 14-day PIP rule and 2-year statute of limitations are strict. Cases that resolve well are the ones where counsel was engaged early, the medical record was preserved, and the demand was built carefully. The first conversation is the right time to start.

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