If you've been in a car accident in Hobe Sound or the surrounding Martin County area and you're wondering whether to involve an attorney — and what that process actually looks like — this page explains how car accident claims generally work in Florida, what attorneys typically do, and what factors shape outcomes in cases like yours.
This is information, not legal advice. The details of your situation determine what applies to you.
Florida is a no-fault state, which changes how the claims process begins compared to most states.
After a crash, Florida drivers are generally required to carry Personal Injury Protection (PIP) coverage — typically $10,000 minimum. Under no-fault rules, your own PIP pays for a portion of your medical bills and lost wages regardless of who caused the accident. You don't need to prove the other driver was at fault to access those benefits.
However, PIP has limits:
To pursue damages beyond what PIP covers — including pain and suffering, full lost wages, or costs that exceed your policy limits — Florida law has historically required meeting a "serious injury" threshold. This means injuries that are permanent, significant, or result in significant disfigurement or limitation. ⚠️ Florida's no-fault laws have been subject to legislative change in recent years, so the specific rules in effect at the time of your accident matter.
Attorneys most commonly enter car accident cases when:
Most car accident attorneys in Florida work on a contingency fee basis. This means they collect a percentage of the settlement or judgment — often in the range of 33% before a lawsuit is filed, and higher if the case goes to trial — rather than charging upfront hourly fees. Fee percentages and structures vary by firm and case complexity.
| Task | What It Involves |
|---|---|
| Investigating liability | Gathering police reports, witness statements, photos, and crash reconstruction if needed |
| Handling insurer communication | Corresponding with adjusters so clients don't make statements that could affect claims |
| Documenting damages | Compiling medical records, bills, employment records, and expert opinions |
| Negotiating settlements | Sending demand letters and responding to counteroffers |
| Filing suit if needed | Initiating litigation if settlement negotiations fail |
| Managing liens | Resolving medical liens from providers or health insurers who paid for treatment |
Attorneys also handle subrogation claims — situations where your health insurer or PIP carrier seeks reimbursement from a third-party settlement.
Florida follows a comparative fault system. Under this framework, damages can be reduced based on your percentage of responsibility for the accident. For example, if you're found 20% at fault, your recoverable damages from the other party may be reduced by that amount.
Florida's comparative fault rules have also been subject to recent legislative changes. Whether the state follows a pure comparative or modified comparative model — and what percentage of fault bars recovery — depends on the law in effect when your accident occurred. This is one reason the timing and specifics of your case matter.
Beyond PIP coverage, damages that may be pursued through a third-party claim or lawsuit in Florida generally include:
There are no universal formulas for these amounts. Settlement values vary significantly based on injury severity, available insurance limits, liability clarity, and case-specific facts.
Florida has a statute of limitations — a deadline for filing a personal injury lawsuit — that has changed in recent years. Missing this deadline generally means losing the right to sue, regardless of how strong the claim is. The clock typically starts from the date of the accident, but certain circumstances can affect that timeline.
Because Florida's laws in this area have shifted, the deadline that applies to your case depends on when the accident occurred and the nature of the claim.
UM/UIM coverage is not required in Florida, but it can be significant. If the at-fault driver has no insurance or insufficient coverage, Uninsured/Underinsured Motorist (UM/UIM) coverage through your own policy may be the primary source of compensation for injuries beyond PIP.
Florida drivers are offered UM coverage but can decline it in writing. Whether you have it, and in what amount, depends entirely on your own policy terms.
Every factor listed below affects how a car accident claim unfolds:
Hobe Sound sits in Martin County, which has its own local court system and legal community. Attorneys familiar with Martin County courts, local adjusters, and regional case values may approach these cases differently than those based farther away — though Florida law applies uniformly across the state.
The specifics of your accident, your coverage, your injuries, and the applicable version of Florida's no-fault and comparative fault laws are what determine what comes next in your case.
