When someone gets hurt in an accident in Coral Springs, Florida, questions come fast: Who pays for medical bills? What happens if the other driver was uninsured? How does fault get determined under Florida law? And what does a personal injury lawyer actually do in that process?
This article explains how personal injury claims generally work in Florida — the insurance framework, the legal concepts, the typical timeline, and the role attorneys play — without telling you what your specific case is worth or what you should do.
Florida operates under a no-fault insurance system, which shapes how most injury claims begin. Under this framework, drivers are required to carry Personal Injury Protection (PIP) coverage — typically at least $10,000 — which pays a portion of their own medical bills and lost wages regardless of who caused the crash.
That means after most accidents, your own PIP coverage responds first, not the at-fault driver's liability policy. PIP generally covers 80% of reasonable medical expenses and 60% of lost wages, up to the policy limit.
However, PIP does not cover pain and suffering, and its limits are often exhausted quickly after serious injuries. To pursue a claim against the at-fault driver for damages beyond PIP — including non-economic damages like pain and suffering — Florida requires that injuries meet what's called a tort threshold: the injury must be permanent, significant, or involve specific conditions defined under state law.
Whether a particular injury meets that threshold is a factual and legal determination that depends on medical evidence and circumstances.
Florida follows a modified comparative fault standard (updated in 2023). Under this rule, an injured person's compensation is reduced in proportion to their own share of fault — but if they are found more than 50% at fault, they generally cannot recover damages from the other party.
Fault is typically established through:
Insurance adjusters from both sides typically conduct their own investigations and reach independent fault assessments, which may or may not agree with the police report.
Personal injury claims can involve several categories of damages:
| Damage Type | Description |
|---|---|
| Medical expenses | ER visits, hospitalization, surgery, physical therapy, future care |
| Lost wages | Income lost during recovery; future earning capacity if permanently affected |
| Property damage | Vehicle repair or replacement |
| Pain and suffering | Non-economic harm; available when the tort threshold is met |
| Emotional distress | Psychological impact of the injury and its aftermath |
The value of any claim depends on documented losses, the severity and permanence of injuries, available insurance coverage, and how fault is allocated — not on generalized averages.
Florida has one of the highest rates of uninsured drivers in the country. If the at-fault driver carries no insurance — or not enough to cover serious injuries — Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy may fill part of that gap.
UM/UIM is optional in Florida, but it can be significant. The amount available, whether it stacks across multiple vehicles, and how the claim process works all depend on the specific policy language and coverage elections made at the time of purchase.
MedPay is another optional coverage that can supplement PIP by covering additional medical costs, often regardless of fault.
Most personal injury attorneys in Florida handle cases on a contingency fee basis. That means the attorney receives a percentage of any settlement or court award — commonly one-third of the recovery, though the percentage can vary depending on case complexity, whether it goes to trial, and other factors. If there is no recovery, the attorney typically receives no fee.
What an attorney generally does in a personal injury case:
People commonly seek legal representation when injuries are serious, when fault is disputed, when an insurer denies or undervalues a claim, or when multiple parties may be liable.
Florida's statute of limitations for personal injury claims was reduced in recent years and now generally gives injured parties two years from the date of the accident to file a lawsuit — though specific deadlines vary depending on the type of claim and who is being sued. Missing a filing deadline typically eliminates the right to recover.
Beyond the legal deadline, claims themselves vary in duration. Minor injury cases with clear liability may resolve in months. Cases involving disputed fault, serious injuries, or litigation can take considerably longer.
Common causes of delay include incomplete medical treatment, back-and-forth in settlement negotiations, delays in obtaining records, and court scheduling.
The concepts above describe how Florida's personal injury system generally operates. But what actually matters in any individual case is the specific combination of facts: the nature and extent of injuries, which coverage applies and in what amounts, how fault is ultimately allocated, whether the tort threshold is satisfied, what documentation exists, and how far along the legal process moves before resolution.
Those are the pieces that don't exist in a general explanation — only in the details of a particular accident.
