Published: February 1, 2024 | Brian L. Elstein, Esq.

In Florida, the no-fault insurance system often makes it so you don’t have to sue. But there are exceptions. This guide clarifies under what conditions you can file a lawsuit.

Determining Fault in Florida

Florida’s no-fault rule means each driver’s insurance pays for their own damages. But you can step outside this system if:

  • Evidence: Strong evidence like photos and police reports could support your case.
  • Injuries: If you suffer severe injuries, you can bypass the no-fault system.

Pure Comparative Negligence in Florida

If both drivers are at fault, Florida’s “pure comparative negligence” system calculates how much you can recover:

  • Shared Fault: Your compensation shrinks based on your share of the blame.
  • Example: 30% at fault? Then you can recover up to 70% of the damages.

Why Legal Help Matters for Max Compensation and Quick Settlements

  • Expert Guidance: Lawyers know the ins and outs of car accident laws in Florida. They can quickly assess if you have a strong case and how to go after the most compensation.
  • Time-Saving: Our legal team handles the legwork—gathering evidence, filing paperwork, and negotiating with insurance companies—so you can focus on recovery.
  • Maximizing Claims: Insurance companies aim to pay as little as possible. A skilled lawyer fights to get you every dollar you deserve, often far more than you’d recover without legal aid.
  • Swift Resolution: Experience in local courts allows us to expedite the often slow legal process, aiming to get you your money faster.

Steps to Take After an Accident in Florida

  • Immediate Care: Get medical help right away. Florida law requires filing a police report if injuries are involved.
  • Collect Evidence: Snap pictures, gather witness contact info, and keep records of medical visits.
  • Consult a Lawyer: Before talking to insurance companies, consult us for guidance on how to secure max compensation quickly.

FAQs About Who You Can Sue For A Car Accident In Miami

What can I sue for in a Florida car accident?

Medical expenses, lost wages, and even emotional distress are claimable.

Is Florida a no-fault state?

Yes, each driver’s insurance covers their own injuries up to a point. For serious injuries, you can step outside this system and sue.

How long do I have to file a claim?

Florida allows four years from the accident date for personal injury claims.

Do I need a lawyer for a minor accident?

In most cases, yes it is better to seek legal counsel. Minor incidents can have long-term costs. Legal advice ensures you’re fully covered.

What if the other driver has no insurance?

You can sue them directly or use your uninsured motorist coverage.

How much does it cost to hire a lawyer to sue after a car accident in Florida?

Elstein Legal operates on a contingency fee basis. You pay only if you win.

How can I speed up my claim?

Hiring a lawyer early on can streamline the process.

What if I’m partly at fault?

Florida’s pure comparative fault rule allows you to claim reduced compensation.

What’s the role of an accident report?

It serves as critical evidence, helping to establish who’s at fault.

Can I sue for emotional suffering?

Yes, but these claims are more complex and require strong evidence.

Why Choose Elstein Legal to Represent your Case?

Brian Elstein, Miami Personal Injury Attorney

Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.

Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by

2022 Florida Rising Stars Award Super Lawyers Magazine
The National Trial Lawyers: Top 40 under 40
Best of the bar
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