Car Accidents

Florida's Auto Accident Laws Favor Insurance Companies

Florida's recent legal changes make it harder for crash victims to bring and win car accident claims, especially when it comes to deadlines, proving permanent injuries, and overcoming blame-shifting by insurers.

2-Year Deadline to Sue

For most Florida car accidents based on negligence occurring on or after March 24, 2023, you now have only two years from the date of the crash to file a lawsuit. If you miss that 2-year statute of limitations, the court will dismiss your case and you permanently lose the right to recover, no matter how strong the evidence is.

Permanent Injury Requirement

To pursue non-economic damages—the most important of all damages, covering human losses beyond medical bills and wages—in most Florida car crash cases, you must prove a permanent injury within a reasonable degree of medical probability under Florida Statute § 627.737(2). This "permanent injury threshold" is heavily used by insurance companies to argue that your pain and limitations do not qualify as permanent, so they can avoid paying anything for non-economic harm.

Non-economic damages include:

• Physical pain and suffering
• Physical impairment and disability
• Mental anguish and inconvenience
• Loss of capacity for the enjoyment of life
• Loss of consortium (harm to a marital relationship)

Percentages of Fault

In Florida, a jury must assign fault to everyone involved in the crash, and the percentages must add up to 100%. Your compensation is reduced by your percentage of fault, and if a jury decides you are more than 50% at fault (51% or higher), you are completely barred from recovering anything from the other driver under the new modified comparative negligence rule.

Don't Wait — Call Baskin Legal

It is crucial that your attorney turn up the proof of fault on the other side through experience, immediate investigation, and hands-on attorney involvement, because insurers are already building a case against you from day one. Florida's auto liability laws were largely written and lobbied for by insurance companies, making it extremely difficult for everyday Floridians to fully protect their rights on their own—which is exactly what the insurance industry counts on. Let #Askin4Baskin and Baskin Legal level the playing field for you—consultations are free, with no pressure and no commitment required.