Road Accident Injury Claim

Types of Road Accidents and Common Injuries

Road accidents are as diverse as the drivers who are behind the wheel. However, there are certain types of accidents that result in certain injuries, and some accidents can have more devastating consequences than others. Roadway accidents can involve a number of vehicles, including:

• Passenger vehicles
• Commercial trucks
• Motorcyclists
• Bicyclists

Common types of critical injuries might include spinal cord injuries. Other injuries however, include:

• Broken bones
• Concussions
• Whiplash
• Internal injuries

Road Accident Injury Claims Process in Florida

Knowing what to do after a roadway accident is critical. Taking the right steps early on can set you up for success if you do choose to pursue a personal injury claim down the road. Let’s take a closer look at the breakdown of the personal injury claim process.

Step 1: Seek Medical Attention and Document Everything

If you’ve been involved in a roadway accident, it’s important that you seek immediate medical care. Seeking out medical care early on helps to identify and address any medical issues that may not be immediately apparent and links your injuries to the accident. 

It’s also important to document everything, including medical bills, medical care, photos of the accident scene and your injuries, witness statements and video footage, and any other documentation that can support your claim.

Step 2: Notify Your Insurance Company 

Unlike a majority of states, Florida follows the no fault insurance system. Under the system, all drivers in Florida must carry personal injury protection insurance. This is the insurance that’s activated to cover the cost of medical bills and other expenses you’ve suffered in an accident. However, an attorney can help you recover additional compensation that might not be covered fully under PIP.

Step 3: Consult With a Personal Injury Lawyer

An experienced personal injury lawyer will be able to identify if there are any other defendants that could be held responsible for your accident. By widening the list of defendants, you are likely to recover a more comprehensive settlement amount to cover current and foreseeable costs associated with your recovery, property damage, and other expenses.

At Bernstein & Maryanoff, we offer free case evaluations and consultations to help you determine the strength of your case.

Schedule your evaluation today.

Step 4: Investigation and Gathering Evidence

An experienced personal injury attorney will know who to turn to, and who to speak with, when it comes to collecting the documentation needed to support your case. Our attorneys and investigators will collect critical information, including medical records, police reports, accident reconstruction support, expert testimony and witness statements, to help strengthen your case. 

Step 5: Demand Letter and Negotiation

A demand letter is typically the first course of communication that will happen between your legal team and negligent defendants. A demand letter essentially details the different injuries and expenses you’ve suffered because of a road accident, and how negligent parties played a role that makes them accountable for what’s happened.

Step 6: Filing a Lawsuit 

If a claim is unable to be resolved with your insurance company one-on-one, then the next step in the legal process is filing a lawsuit. A lawsuit is more comprehensive, and includes several stages, including discovery, depositions, and mediation. 

During the deposition process, your legal team and the insurance company’s legal team will exchange evidence. Depositions involve witness testimonies, and the mediation phase is a final attempt to reach a settlement before a case goes to trial.

Step 7: Settlement or Trial

If a settlement is not able to be reached between both parties, then your case will go to trial. Your lawyer will represent you in front of a judge or jury, and it will be up to them to decide the outcome of your case. 

Because the accident injury claims process can be really complex and overwhelming, an experienced attorney who is well-versed in Florida personal injury law can be a critical support to help represent your case, whether it’s through a settlement or through trial.

Key Florida Auto Accident Laws You Need To Know

There are several auto accident laws in Florida that you need to be aware of as you navigate the legal process.

• Florida’s no-fault system: All drivers must carry a minimum of $10,000 in personal injury protection. You may be able to step outside this rule and pursue the at-fault driver without having to turn to your insurance benefits first.
• Comparative negligence: Florida follows pure comparative negligence laws. This is the notion that your compensation in a settlement or in a lawsuit is related to how negligent you are in causing the accident as well. For example, if you were 20% at fault in the accident, you are able to recover 80% of the full damages.
• Statute of limitations: In Florida, for most personal injury claims, you have four years to bring a case forward. In the case of wrongful death, the statute of limitations shrinks to two years.
• Minimum insurance requirements: All drivers must have property damage liability. This insurance coverage helps cover the damage to other individuals’ property. All drivers must carry a minimum of $10,000 in PDL.

Determining Fault and Proving Negligence

To win a personal injury claim or lawsuit, you must be able to prove negligence. Negligence is broken up into four parts: 

• Duty of care: This is the notion that the other driver owed you a duty to drive safely.
• Breach of duty: This is the notion that a defendant or another driver violated the duty they had toward you.
• Causation: Often the most difficult concept to prove, causation is the idea that a defendant’s negligence is directly related to the actions that led to your injury.
• Damages: These are the losses you’ve suffered because of an accident. This includes both measurable losses and incalculable losses like pain and suffering.

Damages You Can Recover in a Road Accident Claim

You can recover economic, non-economic, and sometimes, punitive damages after an accident. 

• Economic damages: Calculable losses you’ve endured, like past and future medical bills, lost wages, rehabilitation costs, property damage, and other calculable expenses.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement among others. 

Although applied rarely, punitive damages are not designed to compensate you but rather to punish a defendant for their actions. 

Dealing With Insurance Companies After a Road Accident

After a road accident, the insurance company will try to minimize your losses in an effort to minimize the settlement amount or the value of your claim. Some tips to follow to help reduce the chances of insurance companies taking advantage of you include the following:

• Never give a recorded statement without a lawyer present.
• Do not accept early, lowball settlement offers.
• Instead, allow your attorney to negotiate on your behalf.
• Do not sign a release without legal review.
• When speaking with insurance companies, less is always more.

Why You Need a Florida Personal Injury Lawyer

You don’t have to navigate the aftermath of an accident in Florida alone. When you turn to the expertise of an experienced personal injury lawyer, you’ll have the support of a representative who is well versed in Florida personal injury law and can represent you fully, whether it’s through negotiations with the insurance company or at trial.

How Bernstein & Maryanoff Can Help

At Bernstein & Maryanoff, our attorneys are ready to support you in the way you need. With a proven track record of helping car accident victims throughout Florida receive the compensation they deserve, we’re ready to take on your case and fight aggressively on your behalf.

Through our comprehensive free case evaluations, you’ll learn about the strength of your case and what possible outcomes might look like. We don’t take a fee until we win your case, so you have nothing to lose when you pursue legal support with our firm.

Even if you were partially at fault for the car accident, you may still be able to recover the compensation you deserve.

Schedule your free case consultation today.

FAQ

Sources:

FL STAT. 627.736. (2025). 

FL STAT. 768.8. (2025).

Florida Insurance Requirements. (2025).
No Fault Car insurance: Overview. (2025).