By Raymond Ferrer, Esq., Ferrer Counsel, Miami
Published October 29, 2026
The other driver’s insurance company calls before your car is even out of the shop. The adjuster is friendly, asks how you are feeling, and wonders if you have a few minutes for a quick recorded statement. Here is what most people do not realize: from the first day after a crash, a fall, or any other injury, someone is already building a file about what happened. The real question is whether anyone is building one for you.
Quick answer: A personal injury attorney’s job is to protect your claim so you can focus on getting better. In Florida, that usually means preserving evidence before it disappears, dealing with the insurance companies for you, figuring out who has a right to be repaid out of any recovery for your medical bills, and making sure strict legal deadlines are met. Most Florida negligence claims now must be filed within two years, so getting advice early usually leaves you with more options.
What does a personal injury attorney actually do?
Think of a personal injury attorney as the person who handles the legal and insurance side of your injury while you handle your recovery. In general terms, that work includes:
- Investigating what happened and preserving the evidence that proves it
- Identifying every insurance policy that may apply, including your own
- Handling communication with adjusters so you are not pressured into statements or quick decisions
- Documenting your losses, such as medical expenses, lost income, and the ways the injury has affected your daily life
- Sorting out medical bills and liens so you know who must be repaid and how much
- Tracking deadlines, negotiating, and filing a lawsuit if a fair resolution is not reached
Every case is different, and no lawyer can promise a particular result. What a lawyer can do is make sure your claim is built on facts, presented clearly, and protected by the rules.
Investigation: preserving evidence before it disappears
Evidence has a short shelf life. Many businesses and buildings record over their security video on a regular cycle. Skid marks fade, damaged vehicles get repaired or sold, a broken step gets fixed, and witnesses move or forget details.
An attorney can move quickly to:
- Request the crash report and identify witnesses
- Send letters asking businesses, property owners, and other parties to preserve video and records
- Photograph or inspect the scene, the vehicles, or the hazardous condition
- Gather records that show how the incident happened, such as maintenance logs, incident reports, or commercial driver records
- Collect your medical records and bills in an organized way, so your injuries are documented from the start
This matters because Florida uses modified comparative negligence. Under Section 768.81, Florida Statutes, any recovery is reduced by your own percentage of fault, and in most negligence cases a person found more than 50 percent at fault for their own harm cannot recover any damages. (That bar does not apply to medical negligence cases under Chapter 766.) Insurers often look for ways to shift blame. Good evidence, gathered early, is how you answer that.
Dealing with insurance companies and negotiation
Insurance adjusters handle claims every day. Most injured people deal with one once in their life. An attorney helps level that field by:
- Handling recorded statements and paperwork. What you say early on, before you know the full extent of your injuries, can be used later to minimize your claim.
- Finding all available coverage. Depending on the facts, coverage may include the at-fault party’s liability policy, your own personal injury protection (PIP), uninsured or underinsured motorist coverage, a business’s commercial policy, or a rideshare company’s policy.
- Valuing the claim with real documentation, not guesswork, so you can make informed decisions about any offer.
- Negotiating, and if the claim does not resolve, filing a lawsuit and taking it through the court process.
A word about PIP after a car accident. Florida requires PIP coverage, and the rules are strict. Under Section 627.736, PIP medical benefits generally pay 80 percent of reasonable, medically necessary expenses, up to a $10,000 limit, but only if you receive initial services and care within 14 days after the motor vehicle accident. If a qualified provider determines you did not have an “emergency medical condition,” PIP medical reimbursement is limited to $2,500. Getting checked out promptly protects both your health and your coverage.
Medical bills, liens, and letters of protection
This is the part of a case most people never hear about until the end, and it can make a big difference in what you actually take home. When someone else pays for your treatment, they may have a right to be repaid from your settlement or judgment. In general terms:
- Private health insurance. Many health plans have reimbursement rights when they pay for treatment related to an injury someone else caused. The details depend on the plan and the law that governs it.
- Medicare. Federal law gives Medicare a right to be repaid for accident-related care it paid for, and those claims need to be resolved properly.
- Medicaid. Under Florida’s Section 409.910, the state has an automatic lien for Medicaid benefits paid because of an injury that a third party is or may be liable for.
- Hospital liens. Some Florida hospitals assert liens for unpaid charges under local laws, and those claims need to be checked for whether and how they apply.
- Letters of protection. A letter of protection is an arrangement where a doctor treats you now in exchange for a promise to be paid from any settlement or judgment later.
Florida changed the rules on medical bills in personal injury cases in 2023. Under Section 768.0427, evidence of past medical bills that have been paid is limited to the amount actually paid, not the amount originally billed. And if you are treated under a letter of protection, you must disclose the letter, itemized and coded bills, whether you had health coverage at the time, and whether you were referred to the provider and by whom, before you can claim those expenses.
An attorney helps by identifying every lien and reimbursement claim, confirming each one is valid and correctly calculated, and, where appropriate, asking lienholders to reduce what they are owed. The goal is simple: no surprises when your case resolves.
Florida deadlines you cannot afford to miss
Florida’s deadlines are firm, and missing one can end a claim no matter how strong it is. Key ones include:
- Most negligence claims: 2 years. Under Section 95.11(5)(a), an action founded on negligence must be filed within two years. This shorter period came from the 2023 tort reform law (Chapter 2023-15, Laws of Florida), which applies it to causes of action accruing after March 24, 2023. Before that, the general negligence period was four years.
- Wrongful death: 2 years, under Section 95.11(5)(e).
- Medical malpractice: generally 2 years from when the incident occurred or was discovered, or should have been discovered, and generally no later than 4 years from the incident, with limited exceptions, under Section 95.11(5)(c). These cases also have their own pre-suit requirements.
- Claims against the government: If a city, county, state agency, or other government entity is involved, such as a public bus or a county-owned property, Section 768.28(6) requires the claim to be presented in writing to the appropriate agency (and in many cases to the Department of Financial Services) within 3 years before a lawsuit can be filed.
- PIP: 14 days to receive initial care after a car accident, as explained above.
Deadlines can depend on the exact facts, so it is important to have your situation reviewed rather than relying on a general rule.
When should you involve a personal injury attorney?
The short answer is: sooner than most people think. You do not need to have every answer before you call. It is especially worth speaking with a lawyer early if:
- You were hospitalized, needed surgery, or are still in treatment weeks later
- Fault is disputed, or the insurer says you were partly to blame
- A commercial truck, a delivery vehicle, a rideshare, or a boat was involved
- The incident happened on government property or involved a government vehicle
- An adjuster is asking for a recorded statement, your medical records, or a signature
- You received a settlement offer soon after the incident
- A loved one died because of someone else’s negligence
Before you sign a release or accept a check, get advice. A release usually ends your claim for good, even if your injuries turn out to be worse than you thought.
A simple checklist after an injury
- Get medical care promptly (after a car accident, within 14 days to protect PIP benefits)
- Take photos of the scene, your injuries, and any vehicle or property damage
- Get names and contact information for witnesses
- Keep every medical bill, receipt, and record of missed work
- Write down what you remember while it is fresh
- Be careful about posting about the incident or your injuries on social media
- Talk to a lawyer before giving a recorded statement or signing anything
Frequently Asked Questions
Do I need a lawyer for a minor car accident in Florida?
Not always. Some minor claims resolve through PIP and property damage coverage. A consultation can help you understand your coverage, your deadlines, and whether your claim may be worth more attention than it first appears.
How long do I have to file a personal injury lawsuit in Florida?
For most negligence claims that arose after March 24, 2023, Florida law generally allows two years. Wrongful death, medical malpractice, and claims against the government have their own rules, so have your specific deadline reviewed.
Can I still recover if I was partly at fault?
In most Florida negligence cases, yes, as long as you are not more than 50 percent at fault. Your recovery is reduced by your percentage of fault. Medical negligence cases follow a different rule.
Should I give a recorded statement to the other driver’s insurance company?
It is best to speak with a lawyer first. Your own policy may require you to cooperate with your insurer, but a statement to the other side’s insurer can be used to dispute fault or minimize your injuries.
What is a letter of protection?
It is an arrangement where a medical provider treats you in exchange for a promise of payment from a future settlement or judgment. Florida law requires specific disclosures when you claim medical expenses for treatment under a letter of protection.
Talk With Ferrer Counsel About Your Injury
After an injury, your energy should go to your recovery, not to recorded statements, lien letters, and deadlines. Ferrer Counsel helps people injured in car, truck, and boating accidents, on unsafe property, and in other incidents caused by someone else’s negligence, and helps families who have lost a loved one. We serve clients in Miami-Dade and Broward Counties. Se habla español.
To schedule a consultation, call 305.423.0775 or visit our Contact page.
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This article is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every situation is different, so please speak with a lawyer about your specific circumstances.