Personal Injury Protection (PIP) is mandatory auto insurance in Florida that pays up to $10,000 for your medical bills and a portion of lost wages after an accident—regardless of fault. You must seek medical treatment within 14 days of the accident or you permanently forfeit your right to PIP benefits.

PIP covers 80% of necessary medical expenses and 60% of lost wages, up to the $10,000 policy limit. The 14-day rule is one of the most critical and commonly missed deadlines in Florida accident law—even a one-day delay can cost you your entire coverage. If your injuries are severe and your medical costs exceed $10,000, you may have grounds to file a lawsuit against the at-fault driver to recover the remainder. Contact Avera & Smith for a free case evaluation to find out where you stand.

Under Florida’s modified comparative negligence law, your compensation is reduced by your percentage of fault. If you are found to be more than 50% at fault for the accident, you are barred from recovering any compensation at all under Florida Statute §768.81.

For example, if a jury determines you were 25% at fault and awards $100,000 in damages, you would receive $75,000. Florida adopted the modified comparative negligence standard in 2023, replacing the old “pure” comparative negligence rule — a significant change that makes it even more important to have an attorney protect your interests. Insurance companies routinely attempt to shift blame onto accident victims to reduce their payout. The attorneys at Avera & Smith will conduct a thorough investigation to ensure fault is assigned accurately. Call 352-372-9999 to discuss your case.

In Florida, you have two years from the date of the accident to file a personal injury lawsuit under Florida Statute §95.11. Missing this deadline almost always means permanently losing your right to compensation.

If the accident involved a government vehicle — such as a city bus, county vehicle, or school bus — special rules apply. You must file a formal notice of claim with the appropriate government agency before the statute of limitations runs, and the process is more complex. Additionally, if the victim is a minor, the clock may be paused until they turn 18. While two years may seem like ample time, evidence fades, witnesses become harder to locate, and building a strong case takes time. Contact Avera & Smith as early as possible to protect your claim.

After a Florida car accident: call 911, seek medical attention immediately even if you feel fine, exchange insurance information, photograph the scene, and do not admit fault. You must seek medical care within 14 days to preserve your PIP insurance benefits.

Many serious injuries — including whiplash, traumatic brain injury, and internal bleeding — do not produce obvious symptoms at the scene. A medical evaluation creates both a health record and a legal record linking your injuries to the crash. Avoid giving a recorded statement to any insurance adjuster before speaking with an attorney — adjusters are trained to ask questions that may minimize your claim. Preserve all evidence: keep copies of the police report, medical bills, and any communications with insurers. The sooner you involve an attorney, the better protected your claim will be from day one.

Yes. Not wearing a seatbelt does not eliminate your right to file a claim in Florida. However, under Florida Statute §316.614, the opposing party may argue that your failure to buckle up contributed to your injuries, and a court can reduce your damages accordingly under comparative negligence rules.

The “seatbelt defense” is a specific legal argument that separates the severity of your injuries from the cause of the accident itself. The other driver’s negligence in causing the collision remains a distinct issue. In practice, the reduction in damages for seatbelt non-use varies significantly case by case. An experienced attorney can counter this argument by establishing that the injuries would have occurred regardless of seatbelt use, or by demonstrating that the reduction is being overstated by the defense. Call Avera & Smith at 352-372-9999 to discuss your situation.

Florida accident victims may recover two categories of damages: economic damages (medical bills, lost wages, future care costs, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In cases of extreme recklessness such as drunk driving, punitive damages may also apply.

Economic damages are calculated based on actual financial losses and are generally straightforward to document. Non-economic damages are more subjective and are where an experienced attorney adds the most value — insurance companies routinely undervalue pain, suffering, and long-term quality-of-life impacts. Future medical expenses, including ongoing rehabilitation or surgeries, must be accurately projected and included in any settlement demand. Do not accept any settlement offer before consulting an attorney — once you settle, you typically cannot reopen the claim. Contact Avera & Smith to find out what your case is truly worth.

You are not legally required to hire an attorney, but accident victims with legal representation consistently recover significantly higher compensation than those who negotiate alone. Insurance companies employ full-time adjusters trained to minimize payouts — an attorney levels that playing field.

For minor fender-benders with no injuries, handling a claim yourself may be reasonable. But if you sustained any injuries, missed work, or face ongoing medical treatment, the stakes are too high to go it alone. A qualified attorney accurately values your full damages including future costs, manages all insurer communications, and knows when an offer is too low. At Avera & Smith, initial consultations are completely free and there are no attorney fees unless they recover compensation for you — so there is no financial risk in getting professional guidance. Call 352-372-9999 or schedule your free consultation online today.

• Current lost wages: Reimbursement for income lost due to the inability to work following the accident.
• Future lost earnings: Compensation for reduced earning capacity if your injuries prevent you from returning to work or performing your previous job duties.

• Physical pain: Compensation for the physical pain and discomfort resulting from your injuries.
• Emotional distress: Damages for psychological impacts such as anxiety, depression, and post-traumatic stress disorder (PTSD) caused by the accident.

• Vehicle repair or replacement: Coverage for the cost of repairing your damaged vehicle or the fair market value if your vehicle is totaled.
• Personal property: Compensation for any personal property damaged in the accident, such as electronics, clothing, or other belongings.

• Diminished quality of life: Compensation if your injuries prevent you from enjoying activities and hobbies you once loved.
• Impact on daily activities: Damages for the loss of ability to perform daily activities or the need for assistance with personal care.

• Spousal relationships: Compensation for the impact of the accident on the relationship with your spouse, including loss of companionship and affection.
• Family relationships: Damages for the negative effects on relationships with other family members.

• Gross negligence: In cases where the at-fault party’s behavior was particularly reckless or egregious, you may be awarded punitive damages designed to punish the wrongdoer and deter similar behavior in the future.

• Funeral and burial costs: Compensation for funeral and burial expenses if the accident resulted in a fatality.
• Loss of financial support: Damages for the financial support the deceased would have provided to surviving family members.
• Loss of companionship: Compensation for the emotional pain and suffering endured by the deceased’s family members due to their loss.