Michael Damaso / 01-06-2024 / Car Accident

3 Unusual Quirks About Florida’s Car Accident Injury Laws

Mike Damaso Tom Dennis
Written By
Mike Damaso and Tom Dennis
Butch Wooten Orman Kimbrough
Peer Reviewed By
Butch Wooten and Orman Kimbrough
Updated: February 16, 2024

When it comes to car accident laws, Florida stands out with its unique set of rules and quirks. Navigating these laws can be a daunting task for anyone, especially if you have been injured in a car accident. From the no-fault insurance system to specific statutes of limitations, understanding the laws surrounding car accidents is crucial for anyone seeking justice for their injuries and other losses. Because the stakes are so high, having an experienced attorney in your corner is vital to the success of your claim. 

If you have been injured in a car accident, do not hesitate to contact the experienced attorneys at Wooten, Kimbrough, Damaso & Dennis. Our car accident attorneys have a century-long track record of successfully advocating for our client’s rights and interests and are ready to apply our skills to your case. We understand the ins and outs of Florida’s car accident injury laws and can use our expertise to fight for you. 

 

3 Florida Car Accident Laws to Know

Although every state has unique car accident laws, understanding the quirks of your state’s laws can help you pursue compensation for your losses. A few Florida car accident laws to know include the following:

Florida Is a No-Fault State

Florida is one of 12 no-fault states. In a no-fault state, individuals injured in a car accident can recover compensation for their injuries through their own insurance provider, regardless of who was at fault. However, these insurance claims can be complex, and there are several limits on the damages accident victims can collect. An experienced car accident attorney can help you understand these laws and how they apply to your unique case. 

Florida’s Modified Comparative Negligence Standard

Many states follow different negligence standards, which can impact your claim. Florida follows a modified comparative negligence standard, meaning accident victims may recover damages for their losses as long as they were less than 51% responsible for the collision. In other words, as long as you bear half or less of the fault for the accident, you may be eligible to recover compensation for your injuries. 

Although, it is important to note that you may only be able to recover damages relative to your percentage of fault. For example, if another driver was 70% responsible for the accident, but your actions made you 30% at fault, you would be able to secure 70% of the available compensation for your losses. 

Florida’s Strict Statute of Limitations

All states have a legal time limit for car accident claims known as the statute of limitations. In Florida, car accident victims only have two years from the date of the accident to file their claim. This law was recently updated in March of 2023, decreasing the time limit from four years to two years and tightening the deadline for accident victims.

While two years may seem like plenty of time to file your claim, contacting an attorney as soon as possible is essential. Essential evidence may be damaged or destroyed over time, and witnesses may move away or forget important details about what they saw. When you contact one of our attorneys, we will work tirelessly to preserve evidence and build a strong claim within the legal time limit. 

 

Contact a Knowledgeable Car Accident Attorney at Wooten, Kimbrough, Damaso & Dennis

If you’re grappling with the aftermath of a car accident in Florida, remember that you don’t have to navigate this challenging process alone. The attorneys at Wooten, Kimbrough, Damaso & Dennis are here to provide the support, guidance, and legal expertise you need to secure the compensation you rightfully deserve. Our team has a wealth of experience in car accident cases and is committed to fighting tirelessly for your rights and interests. 

To learn more about how we can help you, call us today at (407) 843-7060 or complete our contact form.

Team Wooten, Kimbrough, Damaso & Dennis

Legally Written and Reviewed by a Managing Partner

Wooten, Kimbrough, Damaso & Dennis

Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.