Florida Personal Injury Lawyer

Florida’s statute of limitations for personal injury claims is 2 years from the accident date for most cases (reduced from 4 years in 2023 reform). Specific deadlines include:

• Personal Injury: 2 years from accident
• Medical Malpractice: 2 years from discovery (4-year absolute maximum)
• Wrongful Death: 2 years from date of death
• Product Liability: 4 years from injury
• Claims Against Government: Special 3-year notice requirement

Missing these deadlines means permanent loss of your right to compensation—no exceptions. Courts will dismiss your case even with strong evidence. Acting promptly also helps preserve evidence before it’s lost or destroyed.

If you’re close to the deadline, call immediately. We can often file protective claims to preserve your rights.

While not legally required, having legal representation dramatically increases your compensation. Studies show represented clients recover 3-4 times more than unrepresented claimants, even after legal fees.

Here’s why:

Insurance companies have experienced adjusters, investigators, and lawyers working to minimize your claim. They:

• Use tactics designed to get you to admit fault
• Downplay injury severity
• Pressure you to accept quick, lowball settlements
• Exploit gaps in medical treatment
• Use your own statements against you

Without representation, you’re likely to:

• Accept 20-40% of your case’s true value
• Miss important damages (future medical care, earning capacity loss)
• Make statements that hurt your claim
• Miss the statute of limitations
• Fail to identify all liable parties and insurance policies

With representation, you get:

• Accurate case valuation
• Evidence preservation and investigation
• Medical and legal expert networks
• Negotiation leverage
• Protection from insurance tactics
• Trial capability if settlement isn’t fair

Our contingency fee structure means you risk nothing by having experienced counsel. If we don’t win, you pay nothing.

You pay nothing upfront. Lamar Legal handles personal injury cases on contingency fees:

Fee Structure:

• No consultation fee – Case evaluation is free
• No retainer – Zero upfront cost to hire us
• No hourly billing – You’re never charged for phone calls, emails, or meetings
• Contingency percentage – We earn a percentage only if we win:
  • Typically 33.33% (one-third) if settled before lawsuit
  • Typically 40% if lawsuit is filed and litigation required
• All costs advanced – We pay for investigation, experts, court fees, depositions

If We Don’t Win, You Pay Nothing

• No recovery = no legal fees
• You never receive a bill from us

Florida personal injury case timelines vary based on injury severity, liability clarity, and settlement cooperation:

Simple Claims (3-6 months):

• Clear liability
• Minor injuries with full recovery
• Cooperative insurance company
• No lawsuit required

Moderate Claims (6-18 months):

• Some disputed liability
• Moderate injuries
• Need to reach maximum medical improvement (MMI)
• Extended negotiation period

Complex/Litigation Cases (18-36+ months):

• Lawsuit filed
• Discovery process (depositions, interrogatories)
• Expert witnesses required
• Mediation attempts
• Trial preparation

If Trial Occurs:

• Add 6-12 months once trial date set
• Most cases settle before trial begins

Why Cases Take Time:

1. Medical Treatment Must Complete
   • Can’t value case until reaching MMI
   • Need to understand future medical needs
   • Settling too early leaves future costs uncovered
2. Evidence Collection Takes Time
   • Medical records from multiple providers
   • Accident reconstruction if needed
   • Witness interviews
   • Expert evaluations
3. Negotiation Is a Process
   • Back-and-forth with insurance adjusters
   • Multiple settlement rounds common
   • May need to demonstrate trial readiness
4. Legal Procedures Have Deadlines
   • Discovery has mandatory timelines
   • Court schedules control litigation pace
   • Continuances sometimes necessary

Rushing settlements often costs you money. Insurance companies offer more when you demonstrate patience and trial readiness.

That said, we work efficiently to resolve cases as quickly as possible while maximizing your compensation. Some cases settle in months; others require years—your specific timeline depends on your unique circumstances.

Common mistakes that severely damage Florida injury cases:

❌ DON’T Give Recorded Statements Insurance adjusters are trained to ask leading questions that:

• Get you to admit partial fault
• Downplay your injuries
• Lock you into statements that contradict later medical findings
• Waive your rights unknowingly

What to do instead: Politely decline and say, “I need to speak with an attorney first.” You’re only required to cooperate with YOUR insurance company, not the at-fault party’s.

❌ DON’T Post on Social Media Insurance companies monitor your accounts for:

• Photos showing physical activity (used to claim injuries aren’t serious)
• Check-ins at locations (disputes inability to work)
• Comments about the accident (admissions of fault)
• Happy photos (undermines pain and suffering claims)

What to do instead: Make all accounts private and avoid posting anything about your accident, injuries, or activities until your case resolves.

❌ DON’T Accept the First Settlement Offer Initial offers typically represent 20-40% of true case value because:

• Insurance companies know unrepresented victims don’t know better
• Early offers come before full injury extent is clear
• They’re made before you understand all damages you can claim
• Insurance adjusters are evaluated on how little they pay

What to do instead: Have your case professionally valued before considering any offers.

❌ DON’T Delay Medical Treatment Gaps in medical care allow insurance companies to claim:

• Injuries aren’t serious
• Injuries are unrelated to the accident
• Something else caused your condition
• You’re not actually hurt

What to do instead: Seek immediate medical attention, even if you don’t feel injured. Some injuries (concussion, whiplash, internal bleeding) have delayed symptoms.

❌ DON’T Sign Medical Authorizations Insurance companies request blanket medical authorizations to:

• Access your entire medical history
• Find pre-existing conditions to blame
• Discover mental health records
• Use unrelated health issues against you

What to do instead: Let your attorney coordinate medical record releases with proper privacy protections.

❌ DON’T Admit Fault at the Scene Even saying “I’m sorry” can be used as admission of liability. Common statements that hurt cases:

• “I didn’t see you”
• “I wasn’t paying attention”
• “This is my fault”
• “I’m so sorry”

What to do instead: Exchange information, call police, document the scene, seek medical care. Save explanations for your attorney.

❌ DON’T Miss the Statute of Limitations Florida’s 2-year deadline is absolute:

• Courts dismiss cases filed even one day late
• No exceptions for good excuses
• Permanent loss of compensation rights

What to do instead: Contact a lawyer immediately after your accident. Evidence preservation can begin within hours.

❌ DON’T Ignore Mail from Insurance Companies or Courts Missing deadlines or failing to respond can:

• Result in default judgment against you
• Waive important rights
• Give insurance companies reasons to deny claims

What to do instead: Forward everything to your attorney immediately.

You still have options. Florida offers several ways to recover compensation when the at-fault party is uninsured:

1. Your Own UM/UIM Coverage (Best Option) Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on your own auto policy can compensate you when:

• At-fault party has no insurance
• At-fault party’s insurance is insufficient
• Hit-and-run driver can’t be identified

Why this works: You’re essentially making a claim against your own insurance policy, which you’ve paid for precisely for this situation.

2. Your PIP Coverage (Immediate Help) Florida’s Personal Injury Protection covers:

• Up to $10,000 in immediate medical bills
• Lost wages
• Regardless of who was at fault
• Available even if at-fault party is uninsured

3. Sue the At-Fault Party Directly You can pursue the defendant’s personal assets:

• Bank accounts
• Real property (homes, land)
• Vehicles
• Wages (garnishment)

Reality check: Many uninsured defendants have limited assets. Winning a judgment doesn’t guarantee collection. However, payment plans can be arranged and judgments last 20 years in Florida.

4. Identify Additional Liable Parties An experienced attorney often finds other responsible parties:

• Employer (if at-fault party was working)
• Vehicle owner (if driver was borrowing car)
• Government entity (if dangerous road conditions contributed)
• Property owner (in premises liability cases)
• Product manufacturer (if vehicle defect contributed)

5. Crime Victim Compensation (If Applicable) Florida’s Bureau of Victim Compensation provides limited funds if:

• Injury resulted from crime (DUI, assault, hit-and-run)
• You cooperated with law enforcement
• Other insurance sources are exhausted

Covers up to $25,000 for medical costs and lost wages.

Important: Even if you think the at-fault party has no insurance, let an attorney investigate. We often find coverage victims didn’t know existed:

• Business policies
• Homeowners insurance (covers some liability)
• Umbrella policies
• Parent’s insurance (for young drivers)

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Yes, though police reports strengthen cases significantly. Many successful personal injury cases proceed without police reports, especially:

• Slip and fall accidents (police rarely called)
• Premises liability cases
• Minor accidents where injuries appeared later

If you didn’t call police at the accident scene:

Immediate Actions:

1. File a Report with Florida DHSMV
   • Required within 10 days if accident involved $500+ damage or injuries
   • Self-reporting form available online
   • Creates official record even without police investigation
2. Seek Medical Attention Immediately
   • Medical records link injuries to accident
   • Doctor’s notes document your explanation of cause
   • Creates timeline even without police report
3. Document Everything Yourself
   • Take photos of accident scene, vehicles, property damage
   • Photograph all injuries (update photos as bruising develops)
   • Get witness contact information
   • Save any correspondence with other parties
   • Keep all receipts and bills
4. Contact an Attorney Quickly
   • We can begin investigating immediately
   • Private investigators can locate witnesses
   • Surveillance footage can be preserved before deletion
   • Earlier investigation means better evidence

How We Build Cases Without Police Reports:

• Witness statements (often more detailed than police reports)
• Surveillance footage from businesses or residences
• Vehicle damage assessments (proves impact severity)
• Medical records (document injuries and timing)
• Accident reconstruction experts
• Cell phone records (proves distraction)
• Weather and road condition data

Challenges Without Police Reports:

• Other party may deny the accident occurred
• Harder to prove their version of events is false
• Insurance companies have less independent documentation
• May face more liability disputes

But these challenges are surmountable with proper evidence collection and legal representation.

Important: The longer you wait, the harder cases become:

• Witnesses forget details
• Evidence disappears
• Other party may file first and control narrative

If you didn’t call police, call us immediately. Time is critical for evidence preservation.

Probably not—but we’ll be ready if necessary. Statistics show:

• 90-95% of personal injury cases settle before trial
• 3-7% settle during trial (often during jury selection or breaks)
• Only 1-2% proceed to jury verdict

Why Most Cases Settle:

For You:

• Guaranteed compensation (no risk of losing at trial)
• Faster resolution (trials add 6-12+ months)
• Lower stress (no testimony, no cross-examination)
• Certain outcome (no unpredictable jury)
• Privacy (settlements can be confidential)

For Insurance Companies:

• Avoid risk of higher jury verdict
• Lower defense costs (trials are expensive)
• Control over outcome
• Avoid negative publicity
• Faster resolution

When Cases Go to Trial:

1. Large Damages Disputes
   • Insurance offers far below case value
   • Disputed future medical needs
   • Contested earning capacity loss
2. Liability Disputes
   • He-said-she-said scenarios
   • Comparative fault disagreements
   • Multiple defendants blaming each other
3. Insurance Company Bad Faith
   • Unreasonable settlement positions
   • Denial of valid claims
   • Refusal to negotiate fairly
4. Policy Limits Issues
   • You want more than policy limits
   • Need to prove defendant’s personal liability
   • Multiple claimants exceeding coverage

The Trial Process:

Phase 1: Pre-Trial Preparation (Months)

• Discovery (depositions, interrogatories)
• Expert witness preparation
• Motion practice
• Pre-trial conferences

Phase 2: Trial (3-5 Days Typically)

• Jury selection
• Opening statements
• Plaintiff’s case (you present evidence)
• Defense case
• Rebuttal
• Closing arguments
• Jury deliberation
• Verdict

Phase 3: Post-Trial (If Necessary)

• Collection of judgment
• Possible appeals
• Final resolution

Why Trial-Readiness Increases Settlements:

Insurance companies offer more when they know:

• Your attorney has trial experience
• You’re prepared to let a jury decide
• Their evaluation of jury verdict risk
• Their trial defense costs will be substantial

We take cases to trial when:

• Settlement offers are inadequate
• Insurance companies act in bad faith
• You want your day in court
• Trial is necessary to achieve justice

But we also negotiate strategically to achieve trial-level results without trial delays, costs, and uncertainty.

[CTA]: We’re trial-ready lawyers, not settlement mills. Free consultation →

Yes, absolutely. You have the right to change lawyers at any time during your case, and the process is straightforward.

Valid Reasons to Switch:

• Poor communication – Calls/emails not returned for days or weeks
• Pressure to settle – Attorney pushing you to accept inadequate offers
• Lack of progress – Case sitting idle for months without activity
• No trial experience – Attorney unwilling to file lawsuit
• Case handling concerns – Handed off to paralegals or staff
• Lost trust – Feeling like you’re not being told the truth
• Different strategy – Disagreement on case direction

NO—not without consulting an attorney first. This is one of the most important rules after any accident.

Why Insurance Companies Want Recorded Statements:

Adjusters are trained to ask questions designed to:

1. Get You to Admit Fault
   • “Were you in a hurry?”
   • “How fast were you going?”
   • “Did you see the other vehicle before impact?”
   • “Were you distracted?”
2. Downplay Your Injuries
   • “Are you feeling okay now?”
   • “You walked away from the accident, right?”
   • “You didn’t go to the hospital immediately?”
   • “So it’s just some soreness?”
3. Lock You Into Damaging Statements
   • Recording made before you fully understand injuries
   • Before you know extent of property damage
   • Before you’ve talked to witnesses
   • Before adrenaline wears off and pain sets in
4. Create Inconsistencies
   • Compare your statement to later medical records
   • Point out any differences as “proof” you’re lying
   • Use memory gaps against you
   • Exploit confusion or wrong details

Real Examples of Damaging Statements:

❌ “I feel fine” → Used to deny injury claims ❌ “I didn’t see him” → Admission of inattention ❌ “I might have been going a little fast” → Admission of speeding ❌ “It was just a minor accident” → Used to argue injuries aren’t serious ❌ “The weather was bad” → Used to blame you for driving in conditions

Your Legal Obligations:

You MUST cooperate with YOUR OWN insurance company:

• Your policy requires it
• Failure to cooperate can result in coverage denial
• But even with your own insurer, be careful and factual

You DO NOT have to give statements to:

• The at-fault party’s insurance company
• Their adjusters or investigators
• Their attorneys
• Their representatives

What to Say When Asked:

Polite but Firm Response: “I’m happy to cooperate, but I need to speak with an attorney first to understand my rights. Please send any requests to my lawyer.”

Do Not:

• Hang up rudely
• Refuse to identify yourself
• Lie or give false information
• Sign anything

What Happens If You Already Gave a Statement:

Don’t panic. Many cases recover despite damaging statements. An experienced attorney can:

• Explain context around your statements
• Show they were made without full information
• Use medical records to counter downplaying of injuries
• Demonstrate insurance company’s unfair use of your words

But prevention is always better. One recorded statement can decrease settlement value by thousands or eliminate your claim entirely.

Exceptions – When You SHOULD Give Statements:

✓ To your own insurance company (with attorney guidance) ✓ To your attorney ✓ To police (basic facts only, not fault opinions) ✓ In a deposition (after lawsuit filed, with attorney present)

[Alert Box]: ⚠️ If an insurance adjuster has already contacted you requesting a statement, call us immediately BEFORE responding. We can guide you through the proper response or handle it entirely on your behalf.

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Here’s exactly what to expect from the moment you decide to hire Lamar Legal:

Week 1: Immediate Actions

Day 1-2: Paperwork & Setup

• Sign representation agreement and medical authorizations
• Provide contact information and accident details
• Give us all documentation you’ve collected
• Receive welcome packet explaining our process

Day 2-3: Insurance Notice

• We send letters of representation to all insurance companies
• This STOPS them from contacting you directly
• Protects you from pressure tactics and recorded statements
• All communication now flows through our office

Day 3-7: Case Investigation Begins

• Order police reports and accident records
• Contact witnesses and document statements
• Photograph accident scene (if not too late)
• Request preservation of surveillance footage
• Begin medical record requests

Weeks 2-4: Evidence Building

Our Team:

• Reviews all available documentation
• Identifies all potentially liable parties
• Researches insurance coverage and policy limits
• Determines applicable laws and precedents
• Develops case strategy

Your Role:

• Continue all medical treatment
• Follow doctor recommendations completely
• Save all medical bills and receipts
• Keep detailed notes about pain and limitations
• Avoid social media posts about accident
• Forward any insurance correspondence to us

Regular Communication:

• Weekly or bi-weekly updates on case progress
• Immediate notification of important developments
• Return your calls within 24 hours (usually same day)
• Email updates when requested

Months 1-6: Medical Treatment Phase

Focus: Your Recovery You concentrate on getting better. We:

• Monitor your medical treatment progress
• Stay in contact with your doctors
• Document injury impacts on your daily life
• Calculate damages as treatment continues
• Handle insurance company inquiries
• Protect your claim from insurance tactics

Medical Documentation:

• We obtain all medical records from providers
• Get doctor’s opinions on permanent injuries
• Hire medical experts if needed
• Calculate future medical needs and costs

Strategic Waiting:

• We don’t demand settlement until you reach Maximum Medical Improvement (MMI)
• Rushing to settle before understanding full injury extent costs you money
• Patience typically results in higher compensation

Months 4-12: Demand & Negotiation

The Demand Package: We prepare a comprehensive demand letter including:

• Detailed accident narrative with evidence
• Complete medical chronology
• All medical records and bills
• Economic damages calculation
• Non-economic damages argument
• Legal liability analysis
• Settlement demand amount

Negotiation Process:

• Insurance company responds (usually 30-60 days)
• Back-and-forth negotiations
• We evaluate all offers objectively
• Provide recommendations based on experience
• You make final decision on settlement

Your Decision-Making:

• We explain every offer in plain English
• Discuss pros/cons of accepting vs. continuing
• You always have final say
• No pressure from us to accept inadequate offers

If Settlement Reached:

Resolution Process:

1. Final settlement agreement drafted
2. You review and approve terms
3. Insurance issues settlement check (4-8 weeks)
4. We negotiate/resolve medical liens
5. Calculate final net recovery
6. Issue your settlement check
7. Provide complete case accounting

Timeline: Most cases that settle do so within 6-18 months.

If Settlement Not Reached: Filing Lawsuit

Litigation Decision:

• We recommend filing if offers are inadequate
• Explain litigation process and timeline
• You decide whether to proceed
• We file before statute of limitations expires

Litigation Process:

• Draft and file complaint
• Serve all defendants
• Answer and counterclaims
• Discovery (interrogatories, requests for production)
• Depositions (you, witnesses, experts)
• Motions and hearings
• Mediation attempt
• Trial preparation
• Trial (if necessary)

Timeline: Add 18-24 months when litigation required.

Throughout Your Case:

We Provide:

• Regular status updates
• Copies of all important documents
• Explanations of legal procedures
• Honest assessment of case strengths/weaknesses
• Strategic advice based on experience
• Emotional support through difficult process

We Expect From You:

• Honesty about accident and injuries
• Prompt communication when we need information
• Attendance at depositions and medical exams
• Following medical treatment plans
• Trust in our legal strategy
• Patience through the process

What You’ll Never Experience:

• ❌ Being passed off to secretaries/paralegals entirely
• ❌ Calls not returned for days
• ❌ Surprise bills or hidden fees
• ❌ Pressure to settle when you’re not ready
• ❌ Being kept in the dark about your case

Questions Throughout:

• Call or email anytime
• We explain things as many times as needed
• No such thing as a “dumb question”
• You deserve to understand your own case

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