What is a personal injury claim, and when should I consider filing one?

You may consider filing a personal injury claim if you were involved in an incident—such as a motor vehicle accident, semi-truck accident, slip or trip and fall, dog bite, or another harmful event—and you believe another person, business, or property owner may be legally responsible for the harm you suffered. Because every case depends on its specific facts, it is important to speak with a qualified attorney who can help evaluate your rights and explain the options available to you under Florida law. A personal injury claim is a legal action that may be brought by an individual who has been physically or emotionally injured as a result of another party’s negligence, recklessness, or intentional misconduct. These claims are filed in civil court and are intended to pursue compensation for losses such as medical expenses, lost income, and, when appropriate, pain and suffering or other non-economic damages.

What should I do immediately after an accident? 

If you are involved in an accident, your first priority should be your health and safety. Seek medical attention right away, even if you do not think your injuries are serious—some conditions may not be immediately apparent. If it is safe to do so, document the scene by taking photos, gathering contact information from witnesses, and filing a police report if applicable. You may also notify your own insurance company, but avoid giving detailed or recorded statements to any insurance adjusters until you have consulted with an attorney. Preserving evidence and seeking legal guidance early can help protect your rights.

How much is my personal injury case worth?

The value of a personal injury case depends on many factors, including the severity of your injuries, the cost of medical treatment, lost wages, future medical needs, and the impact of the injury on your daily life. Liability issues and insurance coverage also play a significant role. Because each case is unique, there is no formula to predict a specific outcome. A qualified attorney can evaluate your individual circumstances and provide guidance based on the facts of your case and applicable Florida law.

Will my medical bills be covered if I file a personal injury claim?

In Florida, if you were injured in a motor vehicle accident, your Personal Injury Protection (PIP) coverage generally pays up to 80% of your medical bills and 60% of lost wages, up to $10,000, regardless of who was at fault. For non-vehicle-related injuries, your ability to recover medical expenses depends on proving liability against the at-fault party. Any recovery through a personal injury claim may be used to reimburse medical providers or health insurance carriers. An attorney can help you understand your rights and obligations when medical bills and liens are involved.

How long does a personal injury case typically take to settle?

The time it takes to resolve a personal injury case can vary significantly depending on the circumstances. Factors such as the severity of the injuries, the complexity of the legal issues, the amount of available evidence, and the willingness of the parties to negotiate all play a role in how long a case may take. Some cases involving minor injuries and clear liability may settle within a few months. However, cases involving more serious injuries, disputed liability, or significant damages often require a longer process—including medical evaluations, depositions, expert testimony, and discovery—and can take a year or more to resolve. If a case proceeds to trial, it may take several years from the date of the incident to reach a final outcome. Because every case is different, it’s important to speak with an attorney who can evaluate your specific situation and help you understand what to expect based on the facts of your claim and the applicable legal procedures.

How much does it cost to hire a personal injury lawyer? 

Most personal injury attorneys in Florida, including Alexsandra Litowsky, Esq.—also known as Ask Alex—at Rosen Injury Law, P.A., represent clients on a contingency fee basis. This means clients are not required to pay legal fees upfront. Instead, the attorney is paid a percentage of any recovery obtained through settlement or court award, as outlined in a written fee agreement approved by the Florida Bar. If there is no recovery, clients generally do not owe an attorney’s fee. However, clients may still be responsible for certain case-related costs, such as expert witness fees, court filing fees, or medical record expenses, which will be discussed in advance and clearly explained in writing.

Do I need a lawyer for a personal injury claim?

You are not legally required to hire a lawyer to pursue a personal injury claim, but having an experienced attorney can make a significant difference in the outcome. Personal injury cases often involve complex legal and factual issues, including determining liability, calculating damages, interpreting insurance coverage, and negotiating with insurance adjusters. An attorney can help protect your rights, ensure that deadlines are met, and advocate for fair compensation based on the specific circumstances of your case. Insurance companies often have teams of adjusters and attorneys working to minimize payouts, so having knowledgeable legal representation can help level the playing field. While not every case requires litigation, consulting with a personal injury lawyer early in the process can help you make informed decisions and avoid costly mistakes.

How long do I have to file a personal injury claim in Florida?

In Florida, personal injury claims are subject to a statute of limitations, which sets a deadline for filing and serving the lawsuit. For most negligence-based claims, such as those involving car accidents or slip and falls, the deadline is two years from the date of injury for incidents occurring on or after March 24, 2023. Importantly, Florida law requires not only that the lawsuit be filed within this period, but also that the defendant be properly served within a certain time period after filing, unless the court grants an extension for good cause or excusable neglect. Different rules may apply to other types of cases. Medical malpractice claims, for example, generally have a two-year limit but may be subject to a discovery rule. Claims against government entities typically require early notice and strict compliance with procedural requirements. For injuries that occurred before March 24, 2023, a four-year statute of limitations may still apply. Because these deadlines are strictly enforced, it is important to consult a Florida attorney promptly to preserve your right to pursue compensation.

What if the person who injured me doesn’t have insurance?

Florida law does not require drivers to carry bodily injury (BI) liability coverage, which means some at-fault drivers may have little or no insurance available to compensate injured parties. Additionally, uninsured/underinsured motorist (UM/UIM) coverage is optional in Florida, so it is not included in every policy unless you specifically elected it. If the at-fault driver does not have insurance—or has insufficient coverage—you may still have options for recovery. If you have UM/UIM coverage as part of your auto insurance policy, you may be able to make a claim through your own insurer. Depending on the circumstances, there may also be additional parties who share liability, such as an employer, vehicle owner, or business entity. A personal injury attorney can help you evaluate all available sources of recovery and advise you on the best course of action based on the facts of your case and the applicable insurance policies.

Do I have to go to court for a personal injury case? 

Not all personal injury cases require going to court. In fact, many claims are resolved through settlement negotiations between the parties before a lawsuit is ever filed. If a fair resolution can be reached early—often through discussions with the insurance company or during pre-suit mediation—litigation may not be necessary. However, if the parties are unable to agree on liability or the value of the claim, a lawsuit may need to be filed in civil court. Even after a lawsuit is filed, many cases still settle before reaching trial. In some situations, going to court may be the only way to pursue full compensation if the defendant or their insurer refuses to make a reasonable offer. An experienced attorney can help guide you through the process and advise whether litigation is likely based on the facts of your case.

Can I still file a personal injury claim if the accident was partially my fault?

In Florida, you may still be able to file a personal injury claim even if you were partially at fault for the accident. Florida follows a modified comparative negligence system. Under this rule, you may recover damages only if you were 50% or less at fault for the incident. If you are found to be more than 50% responsible, you are barred from recovering damages. If your fault is 50% or less, any compensation you are awarded will be reduced in proportion to your share of the responsibility. For example, if you are found to be 30% at fault, your total recovery would be reduced by 30%. Because fault can be disputed and may significantly impact your ability to recover compensation, it is important to consult with a qualified Florida personal injury attorney to evaluate your legal options.