Car Accident FAQs

At Searcy Denney, we’ve helped many clients who were victims of a car accident. We’ve been asked many questions over the years about car crashes in Florida and how to pursue compensation. These frequently asked questions are here to help you navigate the process. If you’d like to speak with a car accident attorney, please contact our firm today.

How Much Does an Attorney Charge for a Car Accident in Florida?

You should not have to pay anything out-of-pocket to hire experienced auto accident lawyers. A reputable legal team will represent you on a contingency fee basis. With contingency fees, there are no retainers or monthly legal bills, and you don’t pay anything unless your lawyer helps you recover just compensation.

If your lawyer helps you recover just compensation, your legal fees will be calculated as a percentage of your settlement or verdict. Your lawyer should disclose this percentage to you upfront, and there should be no surprises when it comes to the legal fees you have to pay out of your award. At Searcy Law, we will explain our legal fees before you hire us, and if we receive a settlement offer on your behalf, we will let you know exactly how much you will take home so that you can make an informed decision about whether to accept.

Do I Need a Lawyer After a Car Accident?

If you’ve suffered serious injuries in a car accident, the aftermath can be a difficult time, with medical bills and lost income only part of the picture. With far-reaching consequences, including chronic pain and diminished quality of life, seeking maximum compensation often requires legal representation. Searcy Denney’s Florida car accident attorneys bring decades of experience and a proven track record in securing substantial settlements and litigation victories. With unique resources and a commitment to transparency and justice, our attorneys protect victim rights and fight for their fair compensation.

How Long Do You Have to Get a Lawyer After a Car Accident in Florida?

Due to a change in the law enacted in 2023, you generally only have two years to file a lawsuit after you are injured in a car accident in Florida. However, you do not want to wait anywhere near this long to hire a Florida car accident lawyer. Instead, you should hire a lawyer as soon as possible—as your lawyer will need to conduct an investigation before any evidence of liability disappears.

When you are entitled to financial compensation for a car accident in Florida, any unnecessary delays can be costly. Even if you haven’t run out of time to file a lawsuit, you may find it much more difficult to recover the financial compensation you deserve. For this reason, we encourage all auto accident victims to contact us right away.

How Long Does an Insurance Company Have to Pay a Settlement?

The insurance companies do not have a deadline to pay a settlement in Florida. While the insurance companies must handle all claims in good faith, they do not have to offer a settlement by a certain date (or even offer a settlement at all). Additionally, as a car accident victim, the timeline of your claim also partially depends on you. The sooner you hire a Florida car accident lawyer to represent you, the sooner you can begin making informed decisions while relying on your personal injury lawyer to negotiate on your behalf.

What is the 90-Day Rule in Florida Insurance?

The 90-day rule in Florida insurance states that insurance companies must make their coverage determinations within 90 days of receiving a claim unless they cannot do so due to factors beyond their control. However, this is the old rule—and it no longer applies to car accident claims as of March 1, 2023. Under the new rule in Section 627-70131(7)(a) of the Florida Statutes, this time window has been reduced to 60 days. In addition to making coverage determinations within 60 days, insurance companies must also pay undisputed amounts within this time period. 

Can I Still File a Personal Injury Claim If I Was at Fault in the Car Accident?

If you were partially at fault in the accident, you may still have options under Florida law. For example, if you were 10 percent at fault, you would still be entitled to recover 90 percent of your losses. In Florida, if the injured party is found to be more at fault than the defendant, then they cannot recover damages.

However, establishing fault requires a thorough investigation and reasoned legal analysis, and it is one of the most common issues leading to litigation. While you may think you were the at-fault party, the evidence may suggest otherwise, and you should not rush to judgment until you have discussed your case with an experienced car accident law firm.

How Long Do I Have to File a Car Accident Claim in Florida?

In most cases, the statute of limitations for car accident claims in Florida is two years. If you do not file within two years, you could lose your rights entirely.

However, much shorter delays can jeopardize your case as well. For example, if you wait too long to seek legal representation, your Florida car accident lawyer may not be able to collect certain key evidence (such as skid marks) from the scene. Without legal representation, you also run the risk of saying something you shouldn’t to the insurance companies. As a result, while you may technically have two years to assert your rights, we strongly recommend that you speak with an auto accident attorney as soon as possible.

What if the Driver is from Out of State?

Here in the Sunshine State, we have a lot of out-of-state drivers, and a Florida auto accident attorney is happy to assist with these claims. If you were injured by an out-of-state driver, your case will largely be similar to one involving a claim against a Florida resident. There may be some additional steps involved if your case goes to trial, but it is much more likely that your case will settle long before that comes into play. Even with the similarities, it’s best to speak with a car accident lawyer to make sure the proper procedure is followed. 

Am I Entitled to Financial Compensation for my Future Medical Expenses?

Yes. After a car accident resulting from someone else’s negligence, in addition to compensation for your outstanding medical bills, you are also entitled to compensation for your future medical treatment, but there are limits, and these numbers vary based on your particular circumstances. Your Florida auto accident attorney can help determine what future care expenses you may be entitled to. 

Can My Florida Auto Accident Attorney Argue for Pain and Suffering Damages?

Potentially, yes. In cases involving serious traumatic injuries with long-term or permanent effects, victims will often be entitled to financial compensation for the non-financial impacts of their injuries. This includes pain and suffering, as well as losses such as:

• Emotional trauma
• Scarring and disfigurement
• Loss of enjoyment of life
• Loss of society, support and services
• Loss of companionship and Loss of Consortium

Depending on the extent of your injuries, our qualified attorneys would fight for all non-economic damages relevant to the car accident. 

How Will My Attorney be Paid?

Our accident attorneys are paid via contingency fees. This means:

• Your initial consultation is free and without obligation;
• We do not charge retainer fees or hourly rates;
• No out-of-pocket fees while your case is pending;
• If we recover compensation on your behalf, we only retain our fixed portion.
• If we do not win, you pay us nothing.

Speak with a Car Accident Lawyer Today

If you need to speak with an auto accident attorney about a crash you were involved in, please don’t hesitate to contact our Florida law firm right away. Our team is here to help every step of the way.