Is it worth suing over a car accident?

The Short Answer: When Suing Over a Car Accident Is Usually Worth It

In our experience, a car accident lawsuit is usually worth serious consideration when one or more of the following is true:

• You suffered a fracture, a herniated disc, a head or brain injury, a torn ligament, or any injury requiring surgery, injections, or long-term treatment.
• A doctor has said your injury is, or may be, permanent.
• Your medical bills and lost income have already blown past your $10,000 in PIP coverage.
• The at-fault driver was working, driving a commercial truck, driving for Uber or Lyft, or driving a vehicle owned by someone else.
• The insurance company is disputing fault, delaying, or offering a number that does not cover your losses.
• A loved one was killed in the crash.

If you only had minor soreness that resolved in a few weeks and PIP paid your bills, a lawsuit may not make sense. Florida’s no-fault law was designed to keep those cases out of court. But serious injuries are a different story, and insurers know it.

Why PIP Alone Almost Never Covers a Serious Injury

Florida is a no-fault state. Every vehicle owner must carry $10,000 in Personal Injury Protection (PIP) under Section 627.736, Florida Statutes. PIP pays your own medical bills and lost wages regardless of who caused the crash. The problem is how little it actually pays:

• PIP pays only 80% of reasonable medical expenses and 60% of lost income, up to the $10,000 limit.
• You must receive initial treatment within 14 days of the accident or you can lose PIP benefits entirely.
• Unless a qualified provider determines you had an emergency medical condition, PIP medical benefits are capped at $2,500.
• PIP pays nothing for pain and suffering, mental anguish, or loss of enjoyment of life.

A single emergency room visit and MRI can consume most of that coverage. For anyone facing surgery or months of therapy, PIP is a starting point, not a solution. Stepping outside the no-fault system and making a claim against the at-fault driver is how injured people recover the rest.

The Permanent Injury Threshold: The Key That Unlocks Pain and Suffering

Under Section 627.737(2), Florida Statutes, you can recover damages for pain, suffering, mental anguish, and inconvenience from the at-fault driver only if the crash caused one of the following:

• Significant and permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
• Significant and permanent scarring or disfigurement; or
• Death.

This threshold is where most car accident cases are won or lost. Insurance companies routinely argue that an injury is “soft tissue” and temporary. Meeting the threshold requires the right treating physicians, the right diagnostic imaging, and a clear medical opinion connecting your permanent injury to the crash. Building that record is exactly what an experienced car accident lawyer does from the first week of the case.

Who Pays? A Lawsuit Is Only Worth It If There Is a Source of Recovery

• The at-fault driver’s bodily injury liability policy, if one exists.
• Your own uninsured/underinsured motorist (UM/UIM) coverage, which can step in when the other driver has little or no insurance.
• The vehicle owner. Under Florida’s dangerous instrumentality doctrine, recognized since Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920), an owner who lets someone else drive their vehicle can be held liable for that driver’s negligence, subject to statutory limits for certain rental and leasing companies.
• The driver’s employer, when the driver was on the job.
• Commercial trucking and delivery policies, which often carry substantially higher limits.
• Rideshare coverage from Uber or Lyft when the driver was logged in or on an active trip.
• Government entities or contractors, when a dangerous road condition or construction zone contributed to the crash. These claims carry special notice requirements and damage caps under Section 768.28, Florida Statutes.

Many injured people assume their case is not worth pursuing because the other driver “only had minimum coverage.” In our practice, a thorough investigation often uncovers additional coverage the insurer never mentioned.

Florida’s Deadlines: The Clock Is Shorter Than Most People Think

In 2023, HB 837 cut Florida’s deadline for negligence lawsuits from four years to two years for causes of action accruing on or after March 24, 2023. That deadline now appears in Section 95.11(5)(a), Florida Statutes. Wrongful death claims generally must be filed within two years of the date of death. Claims against state and local government require written notice before suit under Section 768.28.

Two years sounds like plenty of time. It is not. Medical treatment, reaching maximum medical improvement, obtaining records, and negotiating with the insurer can consume most of that window. Miss the deadline and your claim is gone, no matter how strong it was.

Partly at Fault? You May Still Have a Case, but the Rules Changed

HB 837 also replaced Florida’s pure comparative negligence system with a modified comparative negligence rule. Under Section 768.81(6), Florida Statutes, if you are found more than 50% at fault for your own injuries, you recover nothing. At 50% or less, your recovery is reduced by your percentage of fault.

That 51% line gives insurers a powerful incentive to blame you. A recorded statement given to the other driver’s adjuster, an offhand apology at the scene, or a gap in treatment can be used to push your share of fault over the line. Before you talk to any insurance company, talk to us.

Warning Signs the Insurance Company Is Undervaluing Your Claim

• A fast settlement offer arriving before you have finished treatment or had an MRI.
• Requests for a recorded statement or a broad medical authorization.
• An adjuster calling your injuries “soft tissue” or questioning whether they are permanent.
• Delays, unanswered calls, or repeated requests for documents you already sent.
• Pressure to sign a release “to get the check moving.”

Once you sign a release, your case is over. If you later need surgery, you cannot reopen the claim.

What Does It Cost to Find Out If Your Case Is Worth It?

Nothing. Perkins Law Offices handles car accident cases on a contingency fee basis. There are no upfront fees and no out-of-pocket costs to hire us. You owe no attorney’s fee unless we make a recovery for you. The consultation is free, and there is no obligation.

That means the financial risk of pursuing your case sits with us, not you. We take cases we believe in, and we tell you honestly if we think yours is not worth pursuing.

Why Injured Drivers Choose Perkins Law Offices

• More than 25 years of litigation experience handling serious personal injury and wrongful death cases.
• Former defense attorney insight. Alex Perkins understands how insurance companies evaluate, reserve, and defend claims, because he has been on the other side.
• Trial-ready preparation. Insurers pay more when they know a lawyer is prepared to take the case to a jury.
• Personal attention. Your case is handled by an experienced attorney, not passed off to a settlement mill.
• Offices in Miami and Boca Raton, representing clients throughout South Florida and nationally.

Selected Case Results

• $10,500,000 settlement in a highway construction case.
• $1,100,000 settlement for a young woman who suffered serious injuries, including facial reconstruction and broken bones, after a rear-end collision with a tractor-trailer.

Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.

What to Do Right Now If You Were Hurt in a Florida Car Accident

1. Get medical care within 14 days to protect your PIP benefits, and follow through with every recommended appointment.
2. Keep every document: the crash report, photos, medical records, bills, pay stubs, and insurance letters.
3. Do not give a recorded statement to the other driver’s insurance company.
4. Do not post about the crash or your injuries on social media.
5. Do not sign anything or accept an offer before a lawyer reviews it.
6. Call a car accident lawyer immediately so evidence like video footage and vehicle data can be preserved before it disappears.

Frequently Asked Questions

Is it worth suing over a car accident in Florida?

It is often worth it when the injuries are serious or permanent, the other driver was at fault, and there is insurance or another source to pay. Florida’s $10,000 PIP coverage rarely covers a serious injury, and pain and suffering is only recoverable from the at-fault driver once the permanent injury threshold in Section 627.737(2), Florida Statutes, is met. A free consultation with a car accident lawyer is the fastest way to find out whether your case clears that bar.

How long do I have to sue after a car accident in Florida?

For car accidents on or after March 24, 2023, Florida generally allows two years from the date of the crash to file a negligence lawsuit under Section 95.11, Florida Statutes, as amended by HB 837. Wrongful death claims generally must be filed within two years of the date of death. Claims against government entities carry additional notice requirements. Waiting is dangerous because evidence disappears quickly.

Can I sue for pain and suffering if I only have PIP?

PIP does not pay for pain and suffering. To recover pain and suffering from the at-fault driver, Florida law requires a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Documenting permanency with the right medical evidence is often the turning point in a Florida car accident case.

What if I was partly at fault for the accident?

Under Section 768.81(6), Florida Statutes, you can still recover if you are 50% or less at fault, but your damages are reduced by your percentage of fault. If a jury finds you more than 50% at fault, you recover nothing. Insurers use this rule aggressively, which is why the facts must be locked down early.

How much does it cost to hire a car accident lawyer?

Perkins Law Offices handles car accident cases on a contingency fee basis. There are no upfront fees and no out-of-pocket costs to hire us, and you owe no attorney’s fee unless we make a recovery for you. The consultation is free.

Should I accept the insurance company’s first settlement offer?

Not before speaking with a lawyer. Early offers are frequently made before the full extent of an injury is known, and signing a release ends your claim permanently. Once you accept, you cannot go back for more money even if you later need surgery.

Find Out What Your Car Accident Case Is Worth: Free Consultation

You do not have to guess whether your case is worth pursuing. Tell us what happened, and we will give you a straight, honest assessment of your rights, your deadlines, and your options. If we take your case, you pay nothing unless we recover.

Call Perkins Law Offices today at (305) 741-5297 or email perkins@perkinslawoffices.com. We represent injured people in Miami, Boca Raton, throughout Florida, and nationally.

Related: Miami Car Accident Lawyers | Wrongful Death Car Accident Lawyer | South Florida Car Accident Attorney