Can I Sue After a Car Accident in Florida?

Florida's No-Fault System Explained

Florida's no-fault system requires every driver to carry Personal Injury Protection (PIP) insurance, which pays up to $10,000 for medical expenses and lost wages regardless of who caused the crash.

• PIP covers 80% of medical expenses and 60% of lost wages up to $10,000
• You must seek treatment within 14 days of the accident to access PIP benefits
• If you're not diagnosed with an "emergency medical condition," PIP coverage is capped at $2,500
• PIP does NOT cover pain and suffering — that requires a lawsuit

The purpose of no-fault is to handle minor accidents quickly through insurance, without the need for lawsuits. But for serious injuries, $10,000 is woefully inadequate — and that's where your right to sue comes in.

The Serious Injury Threshold

Under Florida Statute 627.737, you can step outside the no-fault system and sue the at-fault driver if your injuries meet the "serious injury" threshold. Your injuries must include at least one of the following:

• Significant and permanent loss of an important bodily function — Examples include loss of mobility, chronic pain that limits daily activities, or loss of a limb
• Permanent injury (other than scarring or disfigurement) — Conditions like herniated discs, traumatic brain injuries, or spinal cord damage
• Significant and permanent scarring or disfigurement — Visible scars, especially on the face or other prominent areas
• Death — Wrongful death lawsuits can be filed by surviving family members

When You Can (and Should) Sue

Filing a lawsuit makes sense in several scenarios:

• Your injuries are serious — You meet the permanent injury threshold described above
• PIP benefits are exhausted — $10,000 doesn't cover your medical bills
• You have pain and suffering — PIP doesn't compensate for non-economic damages; a lawsuit does
• The other driver was clearly at fault — Drunk driving, hit-and-run, or reckless driving cases have strong liability
• Insurance settlement is unfairly low — When the insurer won't offer fair compensation, a lawsuit forces their hand
• The at-fault driver was uninsured — You may need to pursue UM/UIM coverage through your own policy or sue the driver directly

Filing Deadline (Statute of Limitations)

• Personal injury: 2 years from the date of the accident
• Wrongful death: 2 years from the date of death
• Property damage: 4 years from the date of the accident
• Missing the deadline means you lose your right to sue — the court will dismiss your case
• Some exceptions may apply (minor victims, defendants who left the state), but these are rare

What If the Accident Was Partially My Fault?

Under Florida's modified comparative negligence law (updated in 2023), you can still sue even if you were partially at fault — with important limits:

• Less than 50% at fault: You can recover damages, but your award is reduced by your percentage of fault. (Example: if you're 20% at fault and damages are $100,000, you receive $80,000.)
• 50% or more at fault: You are barred from recovering any compensation. This is the critical change from the 2023 tort reform.
• Insurance companies will aggressively try to assign you a higher percentage of fault to reduce their payout
• Strong evidence — dashcam footage, witness statements, expert testimony — is critical to minimizing your assigned fault

Damages You Can Recover in a Lawsuit

If you successfully sue the at-fault driver, you may recover:

To learn more about typical settlement values, see our guide on how much your case could be worth.

The Lawsuit Process

If you decide to sue, here's what the process typically looks like:

• 1. Consultation & investigation — An attorney evaluates your case, reviews evidence, and determines if a lawsuit is warranted
• 2. Filing the complaint — Your attorney files a civil complaint in the appropriate Florida circuit court
• 3. Discovery — Both sides exchange evidence, take depositions, and gather expert opinions
• 4. Mediation — A neutral mediator helps both sides try to reach a settlement (most cases settle at this stage)
• 5. Trial — If mediation fails, the case goes to trial where a jury decides liability and damages
• 6. Settlement or verdict — Either a negotiated settlement or jury verdict determines your compensation

For a detailed breakdown of timelines, see our guide on how long settlements take in Florida.

Frequently Asked Questions