Common Mistakes That Can Hurt Your Personal Injury Claim in Florida
Minor missteps can reduce the value of a claim or even block recovery. At Shapiro Law Group, we help people in Bradenton, Tampa Bay, and throughout Florida prevent common errors from the start. If you need guidance now, you can request a case review today with a personal injury lawyer who will evaluate your options promptly.
Waiting to see a doctor
Delaying treatment can make it harder to prove injuries and may limit insurance benefits. Florida’s PIP law requires most crash victims to receive initial care within 14 days to unlock PIP coverage, with additional rules tied to emergency medical condition findings and benefit caps. Seek prompt evaluation, follow referrals, and keep copies of every record and bill. You can review the 14-day rule in Florida Statutes §627.736 for the exact wording, qualifying providers, and the documentation requirements insurers look for when processing your claim.
Letting deadlines slip
Florida now gives only two years for most negligence claims, a significant change from the prior four-year period. Claims filed after the deadline are typically barred, which is why documenting dates and acting promptly is crucial. If your injury occurred recently, seek legal advice as soon as possible to determine which deadline applies and whether any tolling applies. Different rules may govern claims involving minors, government entities, or malpractice, so building a simple calendar immediately can prevent costly, irreversible timing mistakes and preserve your right to compensation.
Admitting fault or giving broad statements to insurers
Adjusters often ask for recorded statements soon after an incident. Without context or records in hand, people sometimes speculate, minimize symptoms, or accept blame. Provide only the necessary facts, avoid guesses, and consult a personal injury attorney before any detailed or recorded statement. Direct communications through counsel can reduce misunderstandings and protect your claim’s value.
Posting about the accident on social media
Photos, captions, location tags, and comments can be used to question pain, activity limits, or work capacity. Even private settings are not always protective once litigation starts. Keep accident-related content offline and ask close friends and family to do the same until the case is resolved. The Florida Bar’s guidance highlights the potential consequences of online activity in legal matters.
Failing to preserve evidence
Evidence disappears fast. Save vehicle data, damaged items, dashcam or security footage, and names of witnesses. Photograph injuries over time, not just once. Keep a simple symptom log that records pain levels, activities you are unable to perform, and any missed work. If you are unsure what to collect, our personal injury practice outlines the materials that help build a strong file with a personal injury attorney in Florida overseeing the process.
Overlooking comparative fault
Florida uses a modified comparative negligence system for most negligence cases. If a claimant is found more than 50 percent at fault, they cannot recover damages, even if they were injured. Early investigation, scene photos, and witness statements help counter inflated fault arguments and protect your ability to heal.
Ignoring the full scope of damages
Many people focus on immediate medical bills and car repairs, but miss future care, therapy, lost earning capacity, household help, or out-of-pocket costs. Gaps in treatment or missed appointments also invite arguments that injuries are minor. Create a single folder for bills, mileage to appointments, pharmacy receipts, and employer notes. If you prefer a guided approach, our About Us page explains how our team organizes proof of both economic and non-economic harm.
Accepting the first offer too quickly
Early offers can be tempting, especially when expenses are piling up. Settlements are final, and releases typically waive future claims. Ensure the evaluation considers medical opinions, long-term limitations, and insurance coverage beyond the obvious policy. When appropriate, our lawyers coordinate specialist input to ensure that settlement talks accurately reflect the actual impact of the injury.
Getting started the right way
Act promptly, document everything, and get a clear strategy before speaking in depth with insurers. Shapiro Law Group can review your timeline, confirm which deadlines apply, and coordinate the necessary medical and financial documentation to present a strong claim. For responsive help, contact us today or learn how we work with clients across Florida by visiting our services page. If you are unsure where to begin, a brief consultation can clarify the next steps and help reduce avoidable mistakes. Florida’s newer filing deadlines make early action especially important.
