By Nicole McConnie-Jensen, Esq. · Florida Personal Injury Attorney · Last updated: October 2026
Quick answer
In Florida, you generally have 2 years to file a personal injury lawsuit based on negligence. And if you’re found more than 50% at fault, you can’t recover any money. The most common mistakes are waiting too long, delaying medical care, talking to insurance adjusters on the record, not documenting the accident and underestimating how fault is decided.
In 2023, Florida made big changes to its personal injury laws through a law known as HB 837. A lot of people — and a lot of old articles online — still go by the old rules.
That’s a problem, because small mistakes in the first days and weeks after an accident can shrink your claim or end it completely. Here are five to avoid, whether you were hurt in a car crash, a truck accident or a slip and fall.
Mistake #1: Thinking you have four years to file
Florida used to give injury victims four years to file a negligence lawsuit. Not anymore. For injuries that happened on or after March 24, 2023, you generally have just two years.
Two years sounds like a long time, but it goes fast. Medical treatment, follow-up appointments and back-and-forth with insurance companies can take up most of it. If the deadline passes, you can lose your right to compensation — even if your case was strong.
Some cases have different deadlines or extra notice rules, such as claims against a government agency, wrongful death cases and medical malpractice. The safest move is to talk to a lawyer early.
Mistake #2: Assuming “partly my fault” is no big deal
Florida now follows what’s called modified comparative negligence. In plain words:
- If you’re 50% or less at fault, you can still recover money, but your award is reduced by your share of the blame.
- If you’re more than 50% at fault, you recover nothing.
Here’s an example. Say your damages are $100,000. If you’re found 20% at fault, you could receive $80,000. If you’re found 51% at fault, you would receive $0.
Insurance companies know this rule well. That’s why they often try to shift some of the blame onto you. Something as simple as saying “I didn’t see him coming” can be used to argue that you weren’t paying attention.
Mistake #3: Waiting to see a doctor
After a car accident in Florida, you must get medical treatment within 14 days to use your PIP benefits. Miss that window and your own insurance may not pay your medical bills.
Waiting also hurts the rest of your case. When there’s a gap between the accident and your first doctor visit, insurance companies often argue that something else caused your injuries. Once you start treatment, follow your doctor’s plan and keep your appointments.
Mistake #4: Giving the insurance company a recorded statement
Soon after an accident, you may get a friendly call from an insurance adjuster asking to record your side of the story. Remember: the adjuster’s job is to pay as little as possible.
- You generally don’t have to give a recorded statement to the other driver’s insurance company.
- Your own policy may require you to cooperate with your own insurer, so talk to a lawyer before you do.
- Don’t sign anything or accept a quick settlement before you know the full cost of your injuries. Once you accept, you usually can’t ask for more later.
Mistake #5: Not documenting what happened
Evidence disappears quickly. Skid marks fade, cars get repaired and people forget what they saw. Protect your claim by keeping:
- Photos and videos of the scene, the vehicles or the hazard that caused your fall
- Names and phone numbers of witnesses
- The police report or incident report number
- Medical records, bills and receipts
- A simple journal of your pain, your limits and the days of work you miss
One more tip: be careful on social media. A photo of you smiling at a family party can be used to argue that you aren’t really hurt. It’s best to stay off social media until your case is resolved.
Do these rules apply to slip and falls and truck accidents too?
Yes. The two-year deadline and the 51% fault rule apply to most negligence-based injury claims in Florida, including car accidents, truck accidents and slip and falls on someone else’s property. The details of every case are different, which is why a free case evaluation is a smart first step.
Frequently asked questions
How long do I have to file a personal injury claim in Florida?
For most negligence claims from accidents on or after March 24, 2023, you generally have two years from the date of the injury. Some types of cases have different deadlines.
Can I still get compensation if I was partly at fault?
Yes, as long as you’re found 50% or less at fault. Your compensation is reduced by your percentage of fault. If you’re more than 50% at fault, you can’t recover damages.
Should I accept the insurance company’s first offer?
Be careful. First offers are often lower than what a claim is worth, and accepting usually ends your claim for good. Get a full picture of your medical needs first.
How much does it cost to talk to a lawyer?
Your first case evaluation with Nicole is free, with no obligation to move forward — in English or in Spanish.
Hurt in an accident? Talk to Nicole today.
Call (813) 888-8383 or text (727) 798-7779 — you can even text from the scene.
Your first case evaluation is free, with no obligation. Serving Tampa, Orlando and Central Florida.
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This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — contact an attorney about your specific situation.