What To Do After a Car Accident Injury in Florida

The Florida Department of Highway Safety and Motor Vehicle s reports that 12,747 motor vehicle accidents caused incapacitating injury in Florida in 2022. Another 150,375 collisions occurred that caused some type of injury, and 3,320 motor vehicle accidents caused fatalities.

If you are one of the thousands injured on Florida’s roads, you need to know how to respond in the aftermath to keep yourself safe and to protect the legal rights afforded to you under the state’s laws. Here’s what you need to know.

Most Common Car Accident Injuries in Florida

Car accidents can cause all different types of injuries, ranging from something as minor as a small cut to something as serious as a fatal spinal cord or brain injury. Here are some of the most common medical issues that develop after a motor vehicle accident.

Head Injuries or Traumatic Brain Injuries

According to Johns Hopkins Medicine , any sudden, external physical assault can cause Traumatic Brain Injury (TBI). Car crashes are the most common cause of TBIs.

Motor vehicle accidents may cause both closed brain injuries (the skull is not penetrated but the brain is shaken and bruised inside of the skull), and penetrating brain injuries where the skull is penetrated. Drivers, passengers and pedestrians can all be impacted.

Sadly, TBI is one of the leading causes of both death and disability in adults and it can have long-term consequences including mood changes, impaired cognitive function, memory lapses and motor deficits.

Back Injuries or Spinal Cord Injuries

Mayo Clinic reports that car accidents are the leading cause of spinal cord injuries for individuals 65 and under. Motor vehicle collisions are the cause of approximately half of new spinal cord injuries among members of this demographic group.

Spinal cord injuries can cause loss of motor function, loss of feeling, loss of bladder and bowel control, and partial or total paralysis. According to Mayo Clinic , many injured victims also experience mental consequences including depression.

Other types of back injuries can occur in motor vehicle accidents, including sprains and strains that can impact mobility and cause pain.

Whiplash

Forceful back and forth movement of the head and neck can cause whiplash, according to the Mayo Clinic . Motor vehicle accidents, and rear-end collisions in particular, are a leading cause of whiplash. The condition may result in symptoms including pain, loss of range of motion in the neck, headaches, dizziness, tiredness, blurred vision, memory problems and more.

Whiplash often resolves within a few weeks but some people do not get better for months or years. Unfortunately, symptoms often do not appear for several days after a car crash, so you may not know right away that you are affected by this car accident injury.

Soft Tissue Damage

Soft tissue injuries are defined by harm to the ligaments, tendons or muscles; contusions, sprains, and strains are common to experience after a car accident.

Soft tissue injuries sometimes resolve in a matter of weeks or months, especially with the appropriate therapy. However, some injuries linger and impair your ability to work or perform routine activities of daily living without discomfort.

Burns

Burn injuries can occur due to fuel igniting, burning vehicles, hot engine components and exposure to electrical current. Airbags that over-inflate or deploy too quickly can also cause burns.

Burns are often very painful and expensive to treat. They may cause permanent disfigurement, and patients sometimes need to undergo extensive restorative surgery depending on the severity of the burn.

Bone Fractures

A sudden and forceful blow from a motor vehicle accident can cause your bones to break. The arms, wrists, legs, and ankles are the areas of the body where you are most likely to experience a bone fracture following a collision.

What to Do After a Car Accident Injury

Florida is a no-fault state for car accidents. This means that, regardless of fault, drivers must obtain compensation from their own insurer for minor injuries following a collision. However, motorists are also allowed to seek compensation under tort laws if someone else was responsible for causing serious injuries.

Florida Statute section 627.7407 establishes the rules for no-fault insurance. Drivers in the state must purchase Personal Injury Protection (PIP) coverage when they buy auto insurance. This is also called no-fault insurance. Motorists must have at least $10,000 in coverage . This pays for 80% of medical expenses that are reasonably necessary following a crash, regardless of who is to blame.

Drivers can only pursue compensation outside of no-fault insurance if they have injuries considered serious, as defined by Florida Statute section 627.737 . These include permanent injuries that cause a loss or impairment of an important bodily function or that result in scarring, disfigurement or death.

Drivers must understand these rules to help them determine how to behave in the aftermath of an accident. There are certain steps they must take to protect their rights. Here’s what to do following a crash.

Get Medical Help

It is important to get prompt medical help after a car accident injury. There are some injuries, such as whiplash and internal bleeding, which may not have apparent outward signs immediately after the accident.

It’s important to have a doctor do a thorough checkup to ensure there’s nothing unexpected wrong and to identify all injuries that need treatment.

A doctor will also document the injuries you suffered. This is important if you want to obtain compensation for your losses. Be sure to disclose all symptoms and ask your doctor to keep detailed records so you have the proof you need to recover monetary compensation for all damages resulting from the incident.

If your injuries were minor, your PIP coverage should pay for 80% of your medical bills resulting from the crash injury. This is true regardless of who was actually at-fault for the accident. If you sustained serious injuries, you may be able to get medical costs and other losses paid for by the driver who caused the accident. Be sure to keep copies of all your bills to receive proper reimbursement for you medical expenses.

Contact the Police

Contacting the police is important after a vehicle collision. Florida Statute section 316.065 requires drivers who were involved in collisions to report the accident to the local police department, county sheriff, or Florida highway patrol if the accident resulted in injury, death, or more than $500 in property damage.

Contacting the police is also important because they will investigate the incident. They’ll write a report and gather information at the crash scene. This information can be used as evidence to help you show who was at-fault for your accident. This is important to recover monetary compensation from the other driver.

If the police report indicates the other driver was at fault, or if the police ticket the other motorist or discover their Blood Alcohol Content (BAC) was above legal limits, this can bolster your claim and maximize your financial recovery.

Interview Witnesses

Often, there is disagreement about how a crash happened. You don’t want a he said she said situation, so finding witnesses to the crash is important. If anyone saw the accident, obtain their name and contact details at the crash scene whenever possible.

When you hire a car accident attorney, your lawyer will use the details you obtained about witnesses to find out who to depose when they are putting together your car accident claim.

Gather Evidence

If you can safely do so, try to take detailed pictures at the scene of the crash. Include surrounding areas and landmarks to show the location of lights, stop signs and intersections. Be sure you have detailed pictures of your car, the vehicle of the other driver and any debris that is around the area.

This evidence from the crash scene helps you prove fault in a car accident claim. If you capture the extent of damage to your vehicle, the pictures allow you to demonstrate the severity of the accident and your resulting injuries.

Alert your Insurer

Always reach out to your insurance company, even after a minor accident. The extent of the injuries and damages are not always immediately apparent and you don’t want to delay alerting the insurance company as that could jeopardize your claim.

Your insurer may provide coverage for property damage under your collision coverage, and may pay for your medical costs under your PIP coverage.

If the other driver was to blame, you’ll likely be recovering compensation from their liability insurance. However, if they have too little coverage or were driving without coverage, you may be able to get compensation from your own uninsured or underinsured motorist coverage.

Make sure you’ve reported the incident immediately so your insurer has a record of it and can begin any necessary investigations.

Talk With a Car Accident Injury Lawyer

If you have been hurt or lost a loved one in the collision, it’s imperative you talk with a car accident lawyer.

You have legal rights in Florida, including the right to make a claim against negligent drivers who caused you serious injuries or who caused a fatality. However, there is a two-year time limit for suing after a motor vehicle accident, and there are many legal steps to follow to obtain full compensation.

An experienced car accident lawyer, will be able to guide you through the legal system, helping you to understand what laws apply in your situation, what steps you need to take to enforce your rights and how to maximize your financial recovery.

The National Safety Council reports the average cost of a deadly car accident was $1,869,000 in 2022, while the average cost of a disabling crash was $162,000. There is a lot of money at stake and working with a legal advocate ensures you fully exercise your rights to obtain compensation if the crash-related injuries you endured were caused by another driver.

Your Rights After Car Accident Injuries

You have the right to recover compensation under your PIP coverage for minor auto accident injuries no matter who was at-fault for the accident.

If your injuries are serious enough to allow you to make a claim against another motorist, you must prove the other driver was negligent. This means they were unreasonably careless compared to an average hypothetical driver or they violated a safety rule meant to protect you from harm.

If you demonstrate negligence, and if you were less than 50% responsible for causing the accident, you can recover monetary compensation from the other driver who bore the majority of responsibility for causing the accident. You should be compensated for medical bills, lost wages, pain and suffering and emotional distress.

Florida recently passed HB 837 , which established modified comparative fault rules in the state. Under these rules, if you were less than 50% responsible for the crash, the other driver will pay damages based on their percentage of liability. For example, If the other driver was 60% to blame for $100,000 in damages, they’d be responsible for paying you $60,000 in compensation.

You can recover these damages by settling or suing. If you settle, you negotiate with the insurer of the at-fault driver who will usually offer you a lump sum payment. If you accept, you won’t be able to make further claims. If you go to court, you’ll have to prove the defendant was at-fault and demonstrate the extent of your damages to be awarded compensation.

How a Car Accident Injury Lawyer Can Help You

A car accident injury lawyer helps you recover compensation for any injury or losses experienced due to a car crash. Your attorney will do the following for you:

• Gather evidence including police reports and witness testimony.
• Negotiate with the insurer on your behalf.
• Help you understand the amount of compensation likely to be awarded to you given the extent of your injuries.
• Ensure you don’t miss deadlines , including the two-year Florida statute of limitations for injury claims.
• Represent you in court if you cannot reach a settlement agreement.

How to Find a Car Accident Injury Lawyer

After a car accident injury, you need to find a skilled legal advocate. You can search for the best car accident lawyer by taking the following steps:

• Ask for referrals from other lawyers you’ve worked with and within your social network.
• Search the internet to find attorneys who specialize in the type of accident you have experienced, such as a DUI accident or a truck accident.
• Interview attorneys to find out about their past track records of success, negotiation and litigation experience and communication style.
• Making sure your attorney works on contingency . This means your lawyer is paid legal fees only if they help you recover financial compensation for your losses

FAQ

What To Do if You’ve Been Hit in a Car Accident?

If you’ve been hit in a car accident:

• Report the incident to the police . Florida law requires an immediate report if you have property damage over $500 or if anyone was hurt or killed.
• Collect evidence from the crash scene . Obtain the other driver’s contact details and the contact information of any witnesses. Take pictures of the crash scene, including the vehicles, debris in the road and surrounding areas
• Seek prompt medical attention . Have a thorough exam and make sure all symptoms and injuries are documented. Keep track of medical bills as you should be entitled to compensation for these care costs.
• Alert your insurer . Under Florida no-fault laws, your own insurer covers medical bills associated with minor injuries.
• Contact an attorney . A car accident lawyer will help you determine if you can sue the other driver for the accident and recover compensation not just medical bills, but also for non-economic damages such as pain and suffering.

How Long Does It Take For a Car Accident Injury to Heal?

The extent of time it takes a car accident injury to heal varies depending on the injuries. Cuts and bruises may heal within a few weeks, while sprains could heal within a few weeks or a few months. Unfortunately, some injuries such as traumatic brain injury and spinal cord damage may be permanent. When you have sustained serious injuries you may be able to obtain monetary compensation for your losses from the driver who was responsible for the crash.

Should You Call a Lawyer After a Car Accident Injury?

Yes, you should call a lawyer after a car accident injury. Your attorney will help you understand your rights, negotiate a settlement with the insurer, or file a civil lawsuit if your injuries are serious enough under Florida’s no-fault auto insurance laws.