When to Claim Personal Injury After an Accident in Florida

Claim Personal Injury or Use Health Insurance?

Being in a car accident is stressful enough without the added confusion of deciding how to handle medical bills and other expenses. Do you use your health insurance or talk to a personal injury attorney? You don’t want to pay out of pocket for something that wasn’t your fault, but you also don’t want to come across as someone trying to "profit" from the situation. If you feel overwhelmed by the legal and claims process, know that you’re not alone. Many people face the same uncertainty. Understanding your options can help you make the best decision for your unique situation.

Pros and Cons of Filing a Lawsuit for Personal Injury

Filing a lawsuit can be a significant decision, so weighing the advantages and disadvantages is essential.

Pros of Filing a Lawsuit:

• Fair Compensation: Ensure you receive payment for medical bills, lost wages, and pain and suffering.
• Accountability: Hold the responsible party accountable for negligence.
• No Upfront Costs: Many personal injury lawyers work on a contingency basis, meaning no fees unless you win.

Cons of Filing a Lawsuit:

• Time-Consuming: Lawsuits can take months or even years to resolve.
• Emotional Stress: Legal proceedings can add stress to an already challenging situation.
• Uncertain Outcomes: There’s no guarantee of winning or receiving the full amount you seek.

In Florida, understanding the no-fault system is vital. This system ensures your injuries are covered through your own insurance policy, regardless of who caused the accident. Personal injury protection (PIP) benefits make medical treatment accessible without needing to establish fault, but there may be limits to what your insurance covers, especially for severe injuries. You must go to your doctor within 14 days of the accident, otherwise your PIP coverage may not apply. 

When Should You Sue for Personal Injury?

Deciding to file a lawsuit after a car accident is not a decision to take lightly, but it may be necessary in certain situations. Here are some scenarios where pursuing legal action could be the right step:

Your Medical Expenses Exceed Your PIP Coverage:

Florida’s no-fault system provides Personal Injury Protection (PIP) coverage for medical expenses and lost wages, regardless of fault. However, PIP typically covers only up to $10,000 in medical costs and may not cover all treatment types or extended care needs. If your expenses surpass this amount, filing a lawsuit may help you recover the additional compensation you need to avoid financial strain.

You Suffer Permanent or Severe Injuries:

PIP benefits are designed for minor injuries and immediate medical care, but they often fall short for serious or catastrophic injuries. If you experience permanent impairments, such as paralysis, traumatic brain injuries, or loss of a limb, the costs of ongoing medical treatment, rehabilitation, and loss of future income can be overwhelming. In such cases, a personal injury lawsuit may secure compensation for these long-term damages, including pain and suffering.

The Insurance Company Denies Your Valid Claim or Offers an Unreasonably Low Settlement

Unfortunately, insurance companies sometimes act in bad faith, denying valid claims or offering settlements far below what your case is worth. If you've provided documentation of your injuries and losses and the insurer still refuses to cooperate, a lawsuit may compel them to take your claim seriously.

Other Factors Warranting a Lawsuit:

• Lost Wages and Reduced Earning Capacity: If your injuries prevent you from working or earning at your previous capacity, a lawsuit can help you recover these losses.
• Emotional and Psychological Damages: Severe accidents often cause significant emotional distress, such as anxiety, PTSD, or depression. These damages are not covered by PIP but can be addressed in a personal injury lawsuit.
• Disputed Fault: If there’s disagreement about who caused the accident and you are unfairly assigned blame, legal action may be necessary to establish liability and recover damages.

When to File a Personal Injury Claim

Not every accident requires a lawsuit to achieve a fair resolution. In many cases, filing a personal injury claim with the at-fault party's insurance company—or even your own—can be sufficient to recover damages and move forward. However, certain situations may require more attention, especially when dealing with uninsured or underinsured motorists.

When Your Injuries Are Minor but PIP Coverage Falls Short

Florida’s Personal Injury Protection (PIP) coverage is intended to address medical expenses and lost wages for minor injuries. However, PIP benefits are limited, typically up to $10,000, and may not cover all your expenses. If your injuries exceed your PIP limits, filing a claim with the at-fault party’s insurance—or with your own uninsured/underinsured motorist (UM/UIM) coverage—can help you recover the remaining costs without pursuing litigation.

Dealing with an Uninsured or Underinsured Driver

If the at-fault driver lacks sufficient insurance or has no insurance at all, your UM/UIM coverage can step in to cover your medical expenses, lost wages, and other damages. While this coverage is designed to protect you, even your own insurance company may undervalue or deny your claim. Having legal representation ensures your insurer upholds their obligations and compensates you fairly.

Seeking Reimbursement for Property Damage

If the primary damage from the accident involves your vehicle or other personal property rather than significant physical injuries, filing a claim may suffice. Whether you pursue compensation through the at-fault party’s insurance or your UM/UIM coverage, an attorney can help ensure the settlement you receive adequately reflects your property’s value and repair or replacement costs.

Exploring Settlement Options Without Litigation

Many people prefer to resolve claims without going to court. Filing a personal injury claim allows you to negotiate directly with the at-fault party’s insurer or your own UM/UIM provider. This process can often result a quick settlement that may or may not addresses your needs without the time, expense, and stress of litigation.

When the Circumstances Are Favorable for Filing a Claim

Certain factors make filing a claim more straightforward and less contentious, such as:

• Clear Liability: When fault for the accident is undisputed, insurance companies are often more willing to negotiate.
• Urgent Financial Relief: If you need compensation quickly, resolving a claim is usually faster than filing a lawsuit.
• Modest Compensation Needs: If your damages are relatively minor, a claim may be sufficient to recover your losses without additional legal action.

Whether you’re dealing with an at-fault driver’s insurance or filing a UM/UIM claim, taking proactive steps can protect your financial and legal interests, allowing you to focus on recovery.

The Most Important Step: Consult a Reputable Law Firm

At Retamar & Millian, we understand that navigating the personal injury process can feel overwhelming. That’s why we prioritize your comfort and understanding every step of the way.

Why Choose Retamar & Millian?

• Personalized Support and Accessibility: Work directly with attorneys who are available via texts and calls—even after hours.
• Client-First Approach: We check in on your treatment progress and well-being regularly.
• Tailored Care: From finding doctors to scheduling appointments, we ensure your needs are met.
• Approachable & Relatable: Ask any questions without fear of judgment.

Our 5-star reviews on Google reflect our commitment to personalized care and long-term client relationships. We represent plaintiffs in an accident. If you are at fault in a case, you want to consult with your insurance company. 

Contact Us Today for a Free Consultation

Accidents don’t follow a 9-to-5 schedule, and neither do we. Schedule a consultation at no cost—whether in person or over the phone.

East Florida:
Call us at (954) 834-0404 or visit
685 E Hillsboro Beach Blvd, Deerfield Beach, FL 33441

West Florida:
Call us at (813) 200-5894 or visit
2925 Alt 19 N, Suite B, Palm Harbor, FL 34683

Email: contact@retamarmillian.com

Let Retamar & Millian guide you to the compensation and peace of mind you deserve.