Personal Injury Claims
Process in Florida

According to statistics by the Florida Highway Safety and Motor Vehicles (FLHSMV), in 2018, there were approximately 403,626 traffic crashes statewide. Being involved in a car accident can be an emotional and devastating experience. If you or a loved one were injured in a car accident caused by another person's negligence or carelessness, you have the right to pursue fair financial compensation by filing a personal injury claim.

The Hoag Law Firm is dedicated to offering experienced legal guidance and compassionate representation to clients in car accident cases. As a knowledgeable Florida personal injury attorney, Brian M. Hoag can fight vigorously to protect your rights and pursue fair financial compensation to cover medical bills, lost wages, future medical treatment, pain, discomfort, and suffering. The Hoag Law Firm is proud to serve accident victims throughout Tampa, Bradenton, St. Petersburg, Land O' Lakes, and Clearwater, Florida.

Personal Injury Claims Process in Florida

Florida is a "no-fault" state. Under Florida's no-fault system, in the event of an automobile accident, both parties involved may turn to their auto insurance carrier to make injury claims, regardless of who was at fault for the accident. As a result, all Florida drivers are required to carry personal injury protection (PIP) insurance along with their auto insurance policy. The PIP is a no-fault insurance policy that covers medical bills, lost income, and death benefits following a car accident.

Comparative Negligence in Florida

Florida follows the "pure comparative fault" rule. Under this principle, your involvement in an auto accident doesn't necessarily keep you from recovering damages. The amount of compensation you are able to recover, however, will be reduced by your fault percentage.

Getting Your Car Repaired

In Florida, PIP insurance does not cover property damage. If your car or property was damaged from the accident, the at-fault party may be held responsible for repairs or replacement. Under Florida law, property damage is required coverage. However, if they have no insurance or not enough insurance, then it may be covered by your collision insurance.

A thorough investigation will be performed to determine fault. Damage can be assessed by the body shop. An insurance adjuster will also look at the car to determine the extent of the damage. In most cases, payment to cover your car repair cost will be made directly to the repair shop by the insurance company.

Paying for Medical Treatment

The PIP insurance requires victims of car accidents to seek medical treatment within 14 days of their accident to receive full benefits. For injuries that stay in Florida's no-fault system, the order for recovery is as follows:

  • Personal Injury Protection (PIP) insurance
  • MedPay supplemental coverage
  • Your health insurance
  • Bodily Injury Insurance of the at-fault party
  • You

Pursuant to Florida Statute 627.736, the PIP insurance will cover

  • 80% of all reasonable medical bills up to $10,000
  • 60% of lost wages or income up to $10,000
  • Death benefits up to $5,000

Claim Against the At-Fault Driver

A claim can be made against the at-fault driver for injuries, and the portion of the bills not covered by PIP can be recovered from the bodily injury coverage. If there is a permanent injury within a reasonable degree of medical probability, then non-economic (pain and suffering) damages may be pursued as well.

You can also file an uninsured motorist insurance claim for amounts that are not covered by the at-fault party's insurance. Uninsured motorist coverage helps you pay for injuries and damages caused by a driver who doesn't have auto insurance.

Hire a Personal Injury Attorney

Getting injured in an auto accident can be an overwhelming experience with devastating, long-term consequences to your financial, emotional, and physical health. You don't have to go through this alone. Consulting with an experienced Florida personal injury attorney is crucial to protect your rights and help in pursuing rightful compensation.

The Hoag Law Firm is committed to providing outstanding legal services and protecting the rights of car accident victims and their families. The firm will be by your side to provide the following services:

  • Fight compassionately to protect your rights and represent your best interests
  • Review and investigate every detail of your case comprehensively
  • Collect all relevant information, necessary evidence, and required documentation
  • Prove fault and establish liability
  • Determine the extent of your injuries, damages to your vehicle, and estimate case-value
  • Help negotiate a fair settlement with the insurance company
  • File a personal injury, where applicable

Contact the Hoag Law Firm today to schedule a one-on-one consultation with a knowledgeable Florida personal injury attorney. Brian M. Hoag will fight aggressively on your side to protect your rights and help you pursue fair financial compensation for your injuries, damages, lost income, pain, discomfort, and suffering. The Hoag Law Firm proudly represents clients throughout the areas of Tampa, Bradenton, St. Petersburg, Land O' Lakes, and Clearwater, Florida.


Recent Posts