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If you’ve found yourself in the aftermath of a car accident, the uncertainty can feel paralyzing. The confusion, the mounting stress, the questions that never seem to have simple answers. One of the biggest concerns people have is whether their case will go to court. It’s a natural question, a fear that lurks in the back of your mind as you wonder if you’re heading toward a long, drawn-out legal battle.
However, that doesn't mean it's always smooth sailing. There are twists and turns in the journey ahead, and sometimes, the path to resolution can be much more complex than you’d expect. So, where does this leave you? And what happens if it takes an unexpected turn? Well, that’s the real question—and it’s one we’re here to help answer. Let’s explore what happens when it begins…
Right after an accident, a lot of people wonder, "Am I in a lawsuit now?" The simple answer is, no, not yet. Your case doesn't go straight to a lawsuit. Instead, it starts as something much more straightforward: a claim.
Think of this as the first official step in the process. After an accident, you’re essentially telling the insurance company—or sometimes the person or business responsible—that you’re seeking compensation for your injuries. It’s not a lawsuit yet, but it’s where we begin the journey of making sure you’re taken care of.
When you file a claim, the insurance company will give you something called a claim number. This number is crucial because it helps track your case as it moves through the process. It’s a sign that your case has officially entered what we call the “pre-suit process.”
In this phase, we begin gathering the details. First, we reach out to the insurance company to find out the specifics of their policy. What are the insurance limits? How much coverage do they have? This information is very important because it helps us understand what we’re working with when it comes to negotiating a settlement.
Our goal during this time is to settle your case without going to court. That’s why we send a demand letter to the insurance company. In that letter, we explain exactly how the accident has affected you—whether it’s your health, your job, or your everyday life. We make a solid case for the compensation you deserve. Most of the time, we aim to negotiate with the insurance company to get you a fair settlement, avoiding the stress of a trial.
Now, here’s where it can go one of two ways: settlement or lawsuit. Let’s explore them with more details
In many cases, we’re able to settle your claim without stepping foot in a courtroom. That’s our goal, after all—to reach a fair settlement as quickly and efficiently as possible. This means the insurance company agrees to compensate you for your injuries and damages, and we’re able to wrap up your case without the need for a trial. We can do this through careful negotiation, presenting a strong case to the insurance company that shows why they need to offer you fair compensation. This avoids the stress of a lengthy legal process and gets you the help you need faster.
But sometimes, the insurance company doesn’t play fair. If they offer you a lowball settlement, you don’t have to accept it. We’ll push back and demand what you truly deserve. If they delay your case—meaning they drag their feet, keep asking for more information, or don’t respond in a timely manner—that’s another sign that we may need to move to the next step. Or, worst case scenario, they might outright deny your claim, and that’s when things get a little more complicated.
When that happens, we need to seriously consider filing a lawsuit. This is where things can get a little more formal. In Florida, there’s a statute of limitations, which sets a deadline for filing your lawsuit. You have two years from the date of the accident to file your case in court. This is a hard deadline, so if it comes to filing a lawsuit, we want to make sure we do it within that window.
Once we file a lawsuit, it officially enters the litigation process, and we start with a complaint. This is a formal document that outlines your case and the reasons why you’re seeking compensation. From there, we file it with the court and serve the defendant (the person or company responsible for your injuries) with a copy of the complaint. This is when your case officially transitions from a claim to a lawsuit.
Okay, so your case is now officially a lawsuit. But does that automatically mean you have to go to court? Not necessarily. I know that the idea of going to court can be intimidating, but most cases don’t end up in court right away—if at all. Once the lawsuit is filed, there’s still a lot of behind-the-scenes work that goes on first.
The first step in this phase is what’s called discovery. This is where both sides exchange information. Think of it as a process of both of us gathering the evidence needed to support our case. We’re going to request documents, question the other party, and get a clear picture of what happened and what damages were caused. This is an important step because it helps build your case, but it’s not something that requires you to go to court.
Now, you might be wondering about depositions. A deposition is another part of the discovery process. It’s a chance for the other side’s attorneys (and sometimes the defendant themselves) to ask you questions under oath. It sounds a little like something you’d see in a courtroom drama, but in reality, it’s usually much less formal.
Most depositions take place outside of a courtroom, often over Zoom or at a neutral location, like a court reporter’s office. You’ll be asked questions about the accident, your injuries, and how this has affected your life. It can feel a little uncomfortable, but don’t worry—I'll be there with you, making sure you know what to expect and helping you navigate the process.
So, while depositions are court proceedings, they’re not the same as a trial. You won’t be in a courtroom with a judge and jury—at least not yet.
Before we even think about heading to trial, most cases go through a process called mediation. You’ve probably heard the term before, but what exactly does it mean for your case?
Mediation is essentially a settlement meeting, but with a twist—it’s led by a neutral third party, known as the mediator, who helps both sides try to resolve the case without the need for a full trial. The mediator’s job is to listen to both sides, understand the issues, and then try to guide us toward a resolution that both parties can agree on.
Now, mediation is required by the court. Before we can move forward with a trial, the judge will typically require that we go through this step. It’s not optional. However, while it’s a required step, mediation isn’t in front of a judge, so it’s much more informal and relaxed than what you might imagine a courtroom to be like.
So, when do you actually have to go to court? The short answer is only if your case goes to trial. But very few cases actually end up going to trial. Most of the time, insurance companies will step up and settle the case before it gets to that point. They know that going to trial is a big deal, it’s expensive, and it’s unpredictable for both sides.
It’s important to understand that trial is the rare exception, not the rule. Most of the time, we’ll be able to negotiate and come to a settlement before things ever get that far. But if we do end up in a situation where the insurance company refuses to offer a fair settlement, or if they deny your claim outright, we may have no other choice but to take your case to court.
If you're feeling unsure or overwhelmed about what to do next, you don't have to face it alone. Pick up the phone and give us a call for a free consultation. We’ll walk you through the process, clear up any confusion, and answer the questions that keep you up at night. In a world that often feels indifferent, it's important to know that someone is in your corner.
You’ve been through it before—an accident, an injury. It’s a part of life that can feel inevitable, like a chapter in a book you didn’t choose to write. But then, another accident happens. And suddenly, you're left wondering: Can you still pursue justice for your pain, even though your body bears the scars of past misfortune?
It’s a question that taps into something deeper than just legalities. It's about what happens when life pushes you down, yet again. Do you stay down, or do you get back up, even when you’re bruised from before? Many would say that your past injury limits your chances. They’d tell you that your history of pain might stand in the way of recovery. But what if they’re wrong?
Even if you’ve had a prior injury from an earlier accident or incident, you can absolutely pursue a new auto accident case. Just because you've been hurt before doesn’t mean you don’t have a right to seek compensation again.
I get it—many people worry that their past injuries might hold them back. But let me tell you, don’t let that fear stop you from fighting for what you deserve. You have the right to recover, regardless of whether your current injury is similar to or even the same as one you've had before. Your past doesn’t define your future, and in the eyes of the law, you are entitled to compensation for any new damage caused by someone else’s negligence.
Many lawyers might hesitate to take on your case if you’ve had a prior injury. They might think it complicates things, or that it’ll be too hard to prove you deserve compensation. It's understandable—dealing with a history of injuries can seem like extra baggage. Some lawyers might even see it as a reason to turn you away.
However, at Carter Injury Law, we see it differently. We understand the reality of what happens when you've been hurt before. If you've been injured in the past, you're actually more likely to be hurt again. It’s not a reason to turn you away—it’s the reason we’re here to help. Just because you’ve been through it once doesn’t mean you don’t deserve to be made whole again. We’ll fight for you, no matter what your injury history looks like.
Under the law, if your previous injury has been aggravated, exacerbated, or activated by a new accident, you still have a valid claim.
Let’s say you were in a car accident years ago, and you hurt your lower back. You’ve been managing it with mild discomfort, but then, another accident happens, and your back pain becomes significantly worse. The new accident has aggravated your prior injury, and because of that, you have the right to pursue a claim for the pain and suffering, medical treatment, and other damages resulting from the increased injury.
While the settlement may not be as large as if it were a brand-new injury, you are still entitled to compensation for your aggravated injury. This includes covering medical expenses, lost wages, and pain and suffering caused by the worsening of your pre-existing condition.
Even though you may have a prior injury, that doesn’t mean you should settle for less. If your injury has been aggravated by a new accident, it’s important that this is properly taken into account when settling your case. You deserve to be compensated for the pain, medical costs, and any other damages caused by that aggravated injury. Don’t let anyone convince you otherwise.It’s important that this is properly taken into account when settling your case as highlighted by the American Bar Association.
Let’s say you were in a previous accident and hurt your knee. The pain wasn’t severe, but you managed it. Then, you’re involved in another accident that causes your knee pain to flare up, making it much harder to walk or work. Now, the pain is more intense, and you need to go through physical therapy and maybe even have surgery. If you settle for a lower amount because of the old injury, you’ll be shortchanged for the extra treatment and time off that this new accident caused. Make sure that the full extent of your aggravated injury is accounted for in your settlement.
If you’re unsure about your case or have questions that keep circling in your mind, don’t let them hold you back. We all find ourselves at a crossroads where the path ahead is uncertain. This is one of those moments, and you don’t have to walk it alone.
When you contact us, there’s no cost and no fee. There’s no pressure, no catch—just a chance to have a conversation about what’s best for you. Whether it’s in person or over the phone, we’ll find a time that fits into your life. After all, the journey to getting the compensation you deserve doesn’t need to be complicated or intimidating. We’re here to make it as easy as possible for you to take the next step.
Did You Know Florida’s Auto Accident Laws Have Changed? It means it’s more important than ever to know your rights and act quickly. Missing the deadline to file could mean losing your chance to recover damages, and nobody wants that. The time frame for filing a claim after an auto accident in Florida is a bit tricky right now. Why? Because the law changed recently—on March 24, 2023. Before then, you had four years to file a lawsuit after an accident.
But as of the date of this post, that window has been shortened. You’ll find out exactly what’s changed and why having a personal injury attorney on your side can make all the difference in securing the compensation you deserve. Keep reading to learn what you need to know.
The statute of limitations is the legal deadline to file a lawsuit in court. It’s not just a random date—it’s a critical part of the law that ensures cases are brought forward on time. Over time, evidence can be lost, memories fade, and witnesses become harder to track down. By setting a clear deadline, the law helps preserve the integrity of your case.
Now, in Florida, the statute of limitations for most auto accident cases is two years if the injury occurred after the law changed on March 24, 2023. These timelines balance fairness to both the injured party and the defendant, but they also make it easy to accidentally let time slip by—especially when you’re focused on recovery.
Let’s talk about how Florida’s statute of limitations for auto accidents has changed. It’s a big deal because it directly impacts how much time you have to protect your rights after an accident.
Before March 2023
If you were injured in an auto accident before March 25, 2023, you had a four-year window to file your lawsuit. That meant you had more time to recover from your injuries, gather evidence, and make decisions about pursuing your case. Four years is a significant period, giving people a lot of flexibility to take action.
But even with that extended timeline, it wasn’t something you could afford to take lightly. Waiting too long always carries risks—witnesses forget details, evidence can get lost, and insurance companies may push back harder as time passes. Even with four years, acting quickly was always the smart choice.
After March 2023
For accidents that happened after the law changed in late March 2023, the statute of limitations has been cut in half—from four years to just two years. Here’s where things have shifted. Two years may feel like a long time, but when you’re recovering from injuries, dealing with medical bills, and juggling life, that clock ticks down fast.
This change means there’s much less room for delays or mistakes. If you miss that two-year deadline, you lose your right to file a lawsuit—no exceptions. That’s why it’s more important than ever to seek legal representation early, preserving your ability to pursue compensation.
The change to Florida’s statute of limitations isn’t just a small tweak—it’s a major shift that directly impacts your ability to recover after an auto accident. Let’s break it down.
After an accident, you’re already dealing with a lot—doctor’s appointments, physical recovery, mounting medical bills, and possibly even the emotional stress of the situation or even just trying to get back to your day-to-day life. Before you know it, that window to file a claim could close.
The harsh reality is that if the statute of limitations runs out, you’re legally barred from filing a lawsuit. It doesn’t matter how strong your case is or how obvious it is that the other party was at fault. The court simply won’t hear your case.
And when that happens, your ability to recover damages is gone. That means no compensation for medical bills, lost wages, pain and suffering, or any other losses you’ve incurred. It’s a hard stop, and there’s no getting around it once the deadline has passed.
Every case is different, and there may be unique circumstances or exceptions that apply to yours. But the only way to know for sure—and to protect your rights—is to consult with an attorney as soon as possible. An experienced personal injury attorney can help you navigate this shortened timeline, gather evidence, and file your claim within the legal deadline.
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When it comes to the statute of limitations in Florida, it’s important to understand that not all cases are the same. Here’s how some exceptional situations can some exceptions and variations could apply to your specific situation.
The General Rule—and the Exceptions
Let me make this clear: every case is unique. The two-year statute of limitations applies to most auto accident claims after the law changes, but depending on the details of your case, there may be exceptions that extend—or sometimes even shorten—that timeframe.
For example, some cases involving minors or individuals with certain disabilities might have different rules. Similarly, claims involving government entities, like if your accident involved a city bus or government vehicle, often come with specific timelines and procedures. These cases can be much more restrictive, with shorter deadlines to act.
Other Types of Injury Claims
Beyond auto accidents, other types of personal injury claims can have completely different statutes of limitations. For instance:
Medical malpractice claims typically have a 2-year deadline, but that clock might start ticking when the injury is discovered, not necessarily when it occurred.
Wrongful death claims usually have a two-year statute of limitations as well, but specific circumstances can affect that timeline.
Product liability cases or injuries involving defective products might follow other timelines, depending on when the defect was discovered or reported.
The key here is that the rules vary widely based on the nature of the claim and the details of your situation.
Don’t rely on general guidelines when it comes to your case. An experienced attorney will analyze your specific circumstances, identify any applicable exceptions, and make sure you don’t miss a critical deadline. Between recovering from your injuries, dealing with insurance companies, and trying to make sense of legal deadlines, it’s easy to feel lost.
At Carter Injury Law, we understand the importance of getting it right the first time. Our team stays up-to-date on Florida’s evolving legal landscape, so you don’t have to. If you’ve been injured in an auto accident in Tampa, Florida, reach out to Carter Injury Law for a free consultation. We can protect your rights and ensure you receive the recovery you deserve. Your case deserves your attention today.
If you’ve been hurt in Florida, you might find yourself asking, 'What can I recover from all this?' It’s a fair question, and the answer, like most things, isn’t simple. Life is rarely that generous. But the law, in its imperfect way, offers two types of compensation: economic and non-economic damages. We won’t get into punitive damages here, but those are punishment damages that a defendant sometimes has to pay if their conduct was especially egregious or outrageous.
The first is practical, medical bills, lost wages, and the cost of what’s been broken. The second is harder to measure, like trying to hold water in your hands. It’s for the pain you carry, the nights spent staring at the ceiling, the way your world has shifted. Both are real, yet neither can undo what’s been done. Let’s look closer at what’s possible, and how Florida’s laws shape what remains of your fight.
When it comes to economic damages, we're talking about the tangible, out-of-pocket costs you’ve incurred because of your injury—things that you can easily calculate and prove with receipts or bills. These damages are all about covering the actual expenses that have a direct financial impact on your life.
To make things clear, here’s a breakdown of what you might be entitled to:
Past and Current Medical Expenses
This includes any treatment you’ve already received, like emergency room visits, surgeries, physical therapy, or doctor’s appointments. It doesn’t matter if the treatment was in the past or is happening right now—these are all part of the medical expenses you can claim.
And don’t forget about ongoing treatments, like prescription medications or follow-up visits to specialists. These costs add up quickly, and you’re entitled to get reimbursed for them.
Future Medical Expenses
If your injury requires long-term care or future procedures, you’re also entitled to compensation for that. Maybe you need additional surgeries, physical therapy, or home care down the line. Even though you haven’t had those expenses yet, they’re a direct result of your injury, and it’s important to account for them.
Your doctors or medical providers might give a prognosis, recommending certain treatments, and these recommendations can be used to estimate what your future medical bills will look like and help secure compensation.
Lost Wages
If you couldn’t work because of your injury, that lost income is something you can recover. This includes the paychecks you missed out on while you were recovering. Whether you were laid up in bed or spending time at appointments, you shouldn’t be left financially burdened because of time missed from work. Lost wages can also apply if you have to take time off to care for a loved one after their injury.
Future Loss of Earning Capacity
This is where things get a little more complex. If your injury is severe enough that you can't go back to the same type of work you were doing before—whether because of physical limitations or an inability to perform certain tasks—This compensation covers both your current losses and the long-term impact on your ability to work of any individual injured worker in Florida.
For example, Let’s say you were involved in a car crash and suffered a serious knee injury. After months of physical therapy, your doctors determine that you can’t return to your job as a landscaper because your knee won’t handle the physical demands. Now, you’re facing the loss of income because you can’t do your previous job. In this case, you'd be entitled to compensation for your loss of future earning capacity.
Property Damage
If your car, bike, or any other personal property was damaged in the accident, you’re entitled to recover the costs of repairing or replacing it. This could include things like fixing your car after a wreck or replacing your damaged phone or other personal items. Property damage may seem straightforward, but it’s important to keep track of these costs, as they can add up quickly, especially in auto accidents.
In short, these are the bills you can show on paper—the expenses you can back up with receipts, pay stubs, medical records, or repair invoices. They’re the costs that make the difference between getting your life back on track and struggling to get by after an injury.
Now, let's talk about the other side of the coin—non-economic damages. These aren’t the types of damages that you can slap a price tag on, like a hospital bill or a car repair. Instead, these are intangible losses, but they still have a huge impact on your life. And while they’re harder to calculate, they are just as important as the economic damages we talked about earlier.
So, what kind of non-economic damages might you be entitled to?
Pain and Suffering
Pain and suffering is a well-known non-economic damage, covering both the physical pain and mental distress caused by an injury. If your injury leads to chronic pain or ongoing treatments, it can take a serious toll on your body and mind. This pain often lingers well after medical care, affecting everyday life—whether it’s back pain that makes sitting uncomfortable or a knee injury that limits your mobility. It’s the kind of pain you can’t see, but it’s very real.
Loss of Enjoyment of Life
Imagine this—before your injury, you were always the life of the party. You loved playing with your kids, running around at the park, or going out with friends. Now, maybe you can’t even enjoy the simple pleasures you once took for granted. That’s a huge emotional loss, and it’s something that the law recognizes as a real loss. You may be entitled to compensation for the activities you can no longer do, whether it’s sports, hobbies, or even spending time with your loved ones in the way you used to.
Emotional Distress
An injury doesn’t just affect your body—it impacts your emotions too. The stress of medical bills, anxiety from missing work, and frustration of losing activities you love can weigh heavily. Emotional distress is the toll of uncertainty and fear, leaving you feeling stuck in a situation that’s not your fault.
In Florida, the way your compensation is calculated doesn’t just depend on how badly you were injured—it also takes into account how much fault you share in the accident. This is where the comparative negligence rule comes into play. Simply, the comparative negligence rule means that if you're found to be partially at fault for the accident, the amount of compensation you’re awarded will be reduced by your percentage of fault.
For instance, let’s say you're awarded $100,000 by a jury after a car accident, but the jury finds that you were 20% responsible for the accident—maybe you were speeding just a little or didn’t notice a traffic signal change. In that case, your award will be reduced by 20%, which means instead of receiving the full $100,000, you’d only get $80,000.
I know, that might sound a little frustrating. But the good part is that the rule is designed to be fair. It's about making sure that everyone involved in an accident is held accountable for their actions, even if the accident wasn't entirely their fault.
Additionally, on lawsuits filed after March 24, 2023, there is a new rule in play called Florida’s modified comparative negligence 50% rule. If you, as the injured person, are found to be over 50% at fault for the incident or injury, a jury will be instructed to award you nothing. That’s right, zip zero zilch. That’s just another reason it is important not to talk to insurance companies or defendants after a loss and let an attorney start investigating right away. Although this new law is certainly unfair to injured people, it does not mean you do not have a case. It just means you need to have an experienced lawyer evaluate the case as soon as possible.
In Florida, you’re entitled to two key types of damages: economic and non-economic. However, navigating these claims, dealing with insurance companies, and ensuring everything is properly calculated can put in a lot of distress.
With Carter Injury Law on your side, we’ll make sure every dollar you're entitled to gets accounted for. We’ll work to ensure that your lost wages from missing work and any loss of earning capacity are fully recognized. Whether it’s negotiating with your insurance company or pushing for a fair settlement, we’re here to handle the details so you don’t have to. Plus, we'll make sure that your pain and suffering are fully considered when calculating your compensation.
If you or a loved one has been injured, don’t take the hurdles alone. Carter Injury Law offers no-cost, no-obligation consultation to explain your rights and options. Call us today to fight for the compensation you deserve.
If you’ve been in a car accident or suffered a personal injury, you might find yourself asking, “What sets one lawyer apart from another? Does it even matter?” It really does. The truth is, some lawyers shy away from the courtroom, avoiding the battle altogether. They take the easy road, chasing settlements that come quickly, not those that are just.
However, the fight for what you’re owed often demands something more: the courage to step into the arena, to face uncertainty head-on. It’s in that willingness to stand and fight where the real difference lies.
When it comes to personal injury cases, having an attorney who knows their way around the courtroom isn’t just helpful—it’s essential. Insurance companies aren’t in the business of handing out fair settlements unless they’re forced to take you seriously.
The reality is, until you file a lawsuit, the insurance company won’t look closely at your case. They won’t see the depth of your injuries or the weight of what you’ve endured. But the moment you serve that lawsuit, everything changes. The process begins—depositions, mediations, meetings with a judge. It compels them to confront the details, to reckon with what really happened and what it will take to set things right.
Without a lawyer willing to go to court, you're already at a disadvantage. You need someone who knows how to file a lawsuit and has the experience and resources to follow through. That’s how you make sure you’re not outmatched by the big insurance companies. In the end, it’s about evening the odds and ensuring you don’t settle for less than what you deserve.
When people hear the word “lawsuit,” it can feel overwhelming, but the truth is, the process isn’t as intimidating as it seems when you have the right attorney by your side. At our firm, we break it all down for you, step by step, so you always know what’s happening and what to expect.
It starts with filing the lawsuit. That’s when we formally notify the person responsible for your injury, and it sends a simple, undeniable message to the insurance company: We’re not backing down until you get what you’re owed.
From there, the case moves into what’s called discovery. This is where the real work begins. We take depositions , where we sit down with the other parties involved and ask them detailed questions about the incident. You’ll also have the chance to tell your story in a deposition, and we’ll make sure you’re fully prepared for it.
Next, there are mediations. This is where both sides come together with a neutral mediator to see if we can reach a fair resolution before heading to trial. It’s not about backing down; it’s about exploring every opportunity to settle on your terms.
If the case still doesn’t resolve, we go to hearings with a judge, presenting evidence and arguing on your behalf.
Through it all, our purpose goes beyond simply fighting the case—it’s about making sure you’re truly seen, truly heard. Representation isn’t just a matter of process; it’s a matter of dignity. We’ve walked this path many times before, navigating the examinations, the arguments, and the relentless machinery of the courtroom. It’s a weight we carry so you don’t have to, leaving you free to focus on what matters most—piecing yourself back together.
Not all attorneys are built the same, and unfortunately, some avoid litigation entirely. They might tell you they’ll handle your case, but when things get tough—when the insurance company refuses to pay what’s fair—they’re quick to push for a settlement. Why? Because filing a lawsuit takes time, money, and experience, and not every lawyer is ready to make that commitment.
Some attorneys will even refer your case out to another firm once it’s clear that a lawsuit is necessary. The problem with that? They’re financially incentivized to settle before it ever gets to that point. That means they may accept a lowball offer just to avoid the effort of filing and litigating. If an attorney is more focused on their convenience than your compensation, they’re not the right one for you.
At our firm, we don’t take the easy way out. We believe your case is worth the effort, the time, and the fight it takes to seek what’s truly fair. Because if your lawyer isn’t ready to take that stand, can you really trust them to fight for you at all?
Choosing the right attorney after a car accident or personal injury can feel overwhelming, but there’s one question that can cut through the noise: “What happens if my case doesn’t settle? Will you take it to court?” The answer you get can tell you everything about whether this attorney is the right fit for you.
Don’t be afraid to ask specifics. “Do you file lawsuits? How often? What’s your strategy when the insurance company lowballs my claim?” Their answer will tell you everything you need to know about their readiness to fight for you. A confident attorney will explain their process—how they handle lawsuits, what steps they’ll take, and how they’ll stand up to big insurance companies on your behalf.
The bottom line? Don’t settle for vague promises or excuses. An attorney who’s serious about your case will have a clear answer and a plan to get you the compensation. At our firm, we’re upfront about our commitment to fight for you—whether that means settling your case or taking it all the way to court.
The choice of a lawyer in your personal injury case isn’t a small thing—it’s everything. The right lawyer isn’t just your representative; they’re your voice when no one else will listen, the one who ensures your story is told and your rights are defended.
You deserve more than a compromise, more than silence. Don’t gamble with what’s ahead. Call us today for a free consultation. Let’s talk, face-to-face, about where you stand, where you could go, and how we’ll walk that road together.
What do you do if you’re involved in a car accident in Florida, and either you or the other driver has out-of-state insurance? It’s a common scenario here—Florida is one of the most visited states in the country. With Disney World, Miami, the Everglades, and even some great football teams, people from all over come here every day. Unfortunately, that also means a lot of accidents involve drivers who aren’t from Florida.
When insurance policies from different states come into play, the rules can get complicated. And if you’re dealing with an out-of-state insurance company, the laws of the state where the policy was issued could completely change how your claim is handled. That’s why it’s so important to talk to a lawyer early on—these cases aren’t as straightforward as they might seem.
Dealing with an accident involving out-of-state insurance can get complicated quickly. Every state has its own insurance rules, and those don’t just go away because the accident happened in Florida. Whether it’s your policy or the other driver’s, out-of-state coverage often works differently than what we’re used to here.
Take PIP coverage, for example. Some states require much higher limits than Florida, while others don’t require PIP at all. That means how your medical bills get paid can vary a lot depending on where your policy was issued. And it’s not just about coverage—filing a claim with an out-of-state insurance company brings its own challenges, especially if they don’t operate much in Florida.
There’s also the issue of where to file your case. If the insurance company does business here, you might be able to keep the claim in Florida. But in some cases, you could end up in federal court or even dealing with the state where the policy originated. These jurisdictional hurdles can be frustrating and time-consuming without the right help.
When the driver who hits you has out-of-state insurance, things can get even more complicated. In Florida, insurance companies are required by law to disclose how much coverage their policies provide. But not every state has those same rules. Some states, like Michigan, are non-disclosure states, which means the insurance company doesn’t have to tell us what the policy limits are.
This lack of transparency can make it harder to know what kind of compensation you’re dealing with. Sometimes, we might get a vague response over the phone, but even then, we won’t have a clear picture of how much coverage is available. That’s why identifying the other driver’s policy and limits as early as possible is so important.
Florida has a big problem with uninsured drivers, which is why uninsured motorist (UM) coverage is so important. If you’re hit by someone who doesn’t have enough insurance—or no insurance at all—UM coverage can step in to cover your damages. But here’s the catch: UM claims are governed by the laws of the state where your policy was issued, not Florida.
For example, Florida gives you 5 years to file a UM claim, but many states have much shorter deadlines—some as little as two years. If you miss that deadline, you could lose your ability to recover anything under your UM policy. That’s why it’s crucial to know the statute of limitations in your policy’s home state and take action quickly.
When it comes to filing a lawsuit for an accident involving out-of-state insurance, one of the biggest hurdles is deciding where to file your case. In some situations, you may be able to keep the case right here in Florida state court, especially if the insurance company does significant business in the state or if the other driver is a Florida resident.
But it’s not always that simple. If the other driver’s insurance company doesn’t do business in Florida, or if they’re headquartered in a state where they don’t have much presence here, you may have to file in federal court. In some cases, you could even end up needing to transfer the case to the state where the insurance policy was issued, adding a whole new layer of complexity to the process.
These jurisdictional issues are something you want to address from the get-go because they can significantly impact how your case progresses. Trying to navigate these challenges without legal experience could slow down your claim and make everything more complicated than it needs to be.
In cases involving out-of-state drivers and insurance, time is not on your side. The sooner you start, the better. First, you need to gather all the evidence—the details of the accident, medical records, and witness statements. The longer you wait, the harder it gets to track down witnesses or obtain vital documentation that can make or break your case.
Another time-sensitive issue is serving the defendant, especially when they’re from out of state. If the other driver goes back to their home state, tracking them down and serving them with legal papers can become a real challenge. But the earlier we get started, the sooner we can take action and secure compensation. Plus, it is less likely you are to miss important deadlines.
We’ve seen it all—the tangled mess of insurance claims, out-of-state companies playing games, laws contradicting each other, and uninsured drivers adding chaos to injury. It’s a maze, no doubt, but one we’re not afraid to navigate. Complexity doesn’t scare us; it fuels our resolve to fight for what’s rightfully yours.
When you come to us, it’s straightforward. No tricks, no hidden costs. We’ll sit down with you, talk it through, and evaluate your case—all without any obligation. You don’t owe us a dime unless we win. Life can feel heavy in moments like these, but you don’t have to carry it all alone. We’ll walk with you, step by step, clearing the path as we go.
If you’ve been in an accident in Florida, you might be wondering how to secure compensation for your injuries. Well, first of all, Florida has some pretty unique laws when it comes to personal injury cases, especially involving car accidents. For starters, Florida is a no-fault state, which means that your own insurance is going to be the first to cover your medical bills, regardless of who’s at fault.
But there are a lot of nuances to these laws that can impact how much compensation you actually receive. So, let’s break it down and help you understand what you need to do if you’re injured and seeking compensation in Florida.
Let’s break down how no-fault insurance works in Florida. When you're involved in an accident, your own insurance company steps in first to cover your medical bills. Think of it as a safety net that ensures you're not left scrambling for immediate financial help.
There are some key details to understand. If your injuries are minor, your insurance will cover 80% of your medical expenses, but only up to $2,500. However, if you’ve been seriously injured and require more extensive medical treatment, your coverage can increase, with your insurance paying up to $10,000 for necessary care.
While this coverage helps with your medical bills, it does have limits. Keep in mind, no-fault insurance only applies to medical expenses—it won’t cover lost wages, pain and suffering, or other types of damages you might face after an accident.
By knowing these limits upfront, you can better prepare for the next steps, especially if your injuries go beyond what your insurance can cover.
Now, let’s get into the more complex part. In Florida, determining who’s at fault for an accident is taken very seriously.As of march 2023, If the jury finds that you’re more than 50% responsible, you may not receive any compensation at all—yes, that means zero.
That’s why it’s crucial to document everything related to the accident. Take photos of the scene, gather witness statements, and keep a detailed record of your injuries. This will help build your case and show that the other driver was primarily at fault.
If the insurance company tries to place the blame on you, you need to be prepared to push back. That’s where we come in. We can assist you in collecting evidence and negotiating with the insurance company to ensure you get the fair compensation you deserve.
Okay, so you've been in an accident, and now you need to build a strong case to get the compensation. Let's break down what that means.
First, it's important to document everything you can about the accident. Take pictures of the scene, get witness statements, and keep track of your injuries. This will help prove your case and show that the other driver was mostly at fault.
Second, you need to gather medical records and bills to show the extent of your injuries and the treatment you've received. This can include doctor's notes, hospital bills, and any other medical documentation.
Third, if you can't work because of your injuries, you'll need to document your lost wages. This might include pay stubs, time cards, or a letter from your employer.
Finally, you might need to hire a private investigator to gather additional evidence, especially if the other driver is denying fault.
Remember, the stronger your case, the better your chances of getting fair compensation. So, don't be afraid to gather as much evidence as you can.
One critical aspect you need to be aware of is Florida’s statute of limitations. This refers to the legal time frame in which you can file a lawsuit after being injured. In Florida, that time limit is now set at two years. What this means is that you have exactly two years from the date of your injury to pursue legal action. If you fail to meet that deadline, even if your case is strong, the courts won’t hear it, and the insurance companies will likely reject your claim without question.
There are some exceptions to this rule, such as in wrongful death cases, but for most personal injury claims—including car accidents, slip-and-falls, or other types of injuries—the two-year statute of limitations applies. That’s why it’s so important not to wait too long to take action. The longer you wait, the harder it becomes to gather evidence, secure witness statements, and build a solid case. Acting quickly not only ensures you stay within the legal time frame, but also strengthens your chances of receiving the compensation.
We know that your case is more than just paperwork — it's your life, and you're going through a lot. That’s why we’re here to take as much stress off of you as possible. We don’t just handle your case; we guide you every step of the way. From helping you gather the right documentation to dealing with the insurance companies, our goal is to make this process as smooth and stress-free as it can be for you.
We understand how overwhelming this can all feel, but you’re not alone. We’re here to fight for your rights and make sure you get the compensation. We also offer a free consultation. This means you can learn more about your case and our services without any obligation. We’re ready to help you navigate through this and get you the best possible outcome.
If you’ve been injured in Florida and you’re seeking compensation, don’t wait. Give us a call at Carter Injury Law today. We offer a free, confidential case evaluation, so there’s no risk in reaching out to see how we can help. And remember, you won’t pay a dime unless we win your case.
You’ve been through enough already — let us handle the legal side. Contact us today as there is no risk in calling us as everything is attorney client privilege.
What do you do if you get into a car accident in Florida, but your insurance policy is from another state? This happens more than you think. Florida sees a ton of visitors from all over—whether it’s tourists, snowbirds, or people down here for work. A lot of people come in with insurance from places like Illinois, Michigan, or North Carolina.
When your policy isn’t from Florida, things can get complicated. That insurance policy is a contract between you and the insurance company, However, it’s governed by the laws of the state where it was issued and the statute of limitations will be different. That means the rules you’re used to—like how long you have to file a claim—might be completely different here. And if you don’t know those differences, you could miss out on benefits or even have your claim denied.
When you have an out-of-state insurance policy, remember it’s a legal contract governed by the laws of that state, not Florida’s. If you’re in an accident here, Florida rules won’t automatically falls well alligned with you due to the difference of the corresponding states.
This is where things can get confusing. For example, every state has its own statute of limitations—that’s the deadline for filing a claim. Some states might give you two years; others might give you four. But if you don’t follow the timeline set by the state where your policy was issued, you could lose your right to make a claim altogether. It’s not uncommon for people to assume they have time, only to find out later that their deadline has already passed.
That’s why having someone with the required legal knowledge on your side is crucial. An experienced attorney can help you understand what the policies are all about and ensure you meet all requirements so your valid claims will not be denied.
When you file a claim after an accident, the insurance adjuster is going to ask you a bunch of questions. At first, these might sound routine—almost like small talk—but make no mistake, they’re gathering information to figure out if they can deny your claim.
They might ask things like:
How long has your car been in Florida?
What was the purpose of your visit?
Were you just visiting or have you moved here?
Were you driving for Uber, Lyft, or another company when the accident happened?
Now, you might be thinking, Why does any of this matter? After all, you got hit, you’re hurt, and you just want your claim processed. But here’s the thing—these questions are designed to find loopholes in your policy.
For example, if you’ve had your car in Florida for an extended period but haven’t updated your insurance or registration, they might argue that your coverage is invalid because your policy is based in another state. If you were driving for a rideshare service or delivering for a company at the time of the accident, the adjuster might try to claim that your personal insurance doesn’t apply, forcing you to go through commercial insurance instead—which can complicate things even more.
This is exactly why having an attorney on the phone with you during these conversations is so important. We know what they’re trying to do, and we won’t let them twist your answers into something that works against you. We make sure that every question is answered in a way that protects your rights and gives you the best chance of getting the benefits.
One of the biggest things to know is that not every insurance policy works like Florida’s. Florida has what’s called no-fault personal injury protection (PIP) coverage, which helps cover your medical bills, no matter who caused the accident. But not all states do things the same way. If your insurance is from a different state, it might not include PIP at all. Instead, some policies offer medical payments coverage (also called “MedPay”), which works differently.
MedPay policies are designed to cover your medical expenses up to a specified limit, however, they may only activate right after other insurance has been exhausted. In contrast, Personal Injury Protection (PIP) provides immediate coverage, making the claims process simpler. If you are unfamiliar with how your out-of-state policy operates, you risk incurring out-of-pocket costs for expenses that should be covered by your insurance.
Our team will identify any gaps in your policy and strategize the best ways to maximize your coverage. It’s easy to overlook critical details in the fine print, but that’s precisely why we are here—to ensure you receive the full benefits to which you are entitled and avoid being shortchanged.
We’ve handled plenty of cases involving out-of-state insurance policies, so this isn’t something new for us—we know the process inside and out. Dealing with different state laws, unfamiliar policies, and adjusters who are trying to deny or delay your claim can certainly get overwhelming. That’s where we come to make the process as smooth as possible for you.
The reality is that out-of-state insurance companies often create complexities in the claims process. You shouldn’t have to worry about the fine print or figuring out which benefits you’re entitled to—we’ll take care of that. If your policy offers medical payments coverage instead of Florida’s no-fault PIP, we’ll explain how it works and ensure those benefits are applied the way they should be.
Our goal is to make sure you get everything you’re entitled to under your policy. We know how to push back when insurance companies try to cut corners or deny valid claims, and we’ll fight to get you the full benefits you deserve. With us in your corner, you can focus on recovering, and we’ll handle the rest.
One thing I always tell people: there’s no reason to hesitate about giving us a call because we don’t charge anything upfront. When you’re dealing with an accident—especially in a situation where your insurance is from another state—the last thing you need is to worry about legal fees. That’s why we only get paid if we win your case. If we don’t recover anything for you, you owe us nothing. It’s that simple.
Carter Injury Law also covers all the costs that come with handling your case—things like paperwork, court filings, and expert consultations. You’re not paying out of pocket for any of that. All of the time and resources we put into your case? We front those costs because we believe in your claim, and we’re confident we can get you what you deserve.
A lot of people ask me, "David, how do I stay calm when dealing with an insurance adjuster after an accident?" It’s a totally valid question, and trust me, you’re not alone in feeling overwhelmed. After an accident, emotions run high, and suddenly, you're faced with a cold, calculated corporation that seems to care more about their bottom line than your well-being.
Navigating this process can be confusing, especially if you’ve never been through it before. That’s why I want to take a moment to share some insights on how to handle these situations with confidence. This post is all about helping you stay calm and informed when talking to insurance adjusters, so you can focus on what really matters—your recovery.
When you're dealing with an insurance adjuster, it's essential to understand their primary function: minimizing payouts for the insurance company. They’re not there to help you; their goal is to protect their employer’s interests. While it may seem like they’re on your side, asking questions and gathering information, their real aim is often to find ways to deny your claim or offer you the lowest settlement possible.
Insurance companies operate in a cold, calculated environment where the bottom line reigns supreme. When you reach out for assistance after an accident, you might find yourself treated as just another file in a stack, another case to be resolved quickly and cheaply. This corporate mindset affects how adjusters interact with you. They may come off as indifferent, pushing for quick answers instead of taking the time to understand your unique situation.
This is why having an attorney by your side is so crucial. We ensure that you're treated as an individual, not just another statistic in their profit-and-loss report.
So, why should you reach out to an attorney before speaking with an insurance adjuster? It’s simple: you have an obligation to understand your rights. After an accident, you might feel rushed to give statements or answer questions, but trust me, taking that step back is crucial. An attorney will help you navigate the complexities of the claims process and ensure that you’re fully aware of your rights and options before you engage with the adjuster.
When you become a part of our family, you can rest easy knowing that an experienced attorney will be with you during every conversation with insurance adjusters. We believe in a hands-on approach, which means we don’t just give you the tools and send you on your way—we actively participate in those discussions. You won’t have to worry about the intricacies of legal jargon or feeling pressured into making hasty decisions. We’re here to take that burden off your shoulders so you can concentrate on getting better.
Before you even pick up the phone to speak with an insurance adjuster, I want you to take a moment and breathe. It’s essential not to rush into these conversations, especially when emotions are running high. Accidents are traumatic experiences, and the last thing you need is to add unnecessary stress by feeling pressured to respond immediately.
Take a step back and give yourself some time to collect your thoughts. If you’re feeling devastated, reach out to your attorney first. We’re here to guide you through the process and help you formulate a plan. Remember, you have every right to pause and prepare before diving into a conversation that could impact your future.
When it’s time to talk to the adjuster, there are a few points to keep in mind to ensure you’re communicating effectively:
Provide Only the Necessary Facts: Stick to the basics. The adjuster doesn’t need to know every detail of your life story. Share only the information that is relevant to the claim. The more you say, the more opportunity there is for misinterpretation or manipulation.
Treat the Conversation Like a Business Transaction: This isn’t a friendly chat; it’s a business negotiation. Approach it with a professional mindset. Keep the tone formal and focused. This helps you maintain control over the conversation and reinforces the importance of your claim.
Avoid Personal Emotions; Focus on Your Rights: It’s natural to feel emotional after an accident, but try not to let those feelings drive your conversation. Adjusters may use emotional appeals to sway you, so it’s crucial to stay grounded. Focus on what you know about your rights and the compensation you need. Remember, you have the right to advocate for yourself, and an experienced attorney can help ensure those rights are respected.
One tactic that many insurance companies, including Progressive, use is what I call the “swoop in” approach. After an accident, you might receive a call from an adjuster offering you a quick settlement. It might sound tempting—after all, who doesn’t want to resolve things quickly? But let me tell you, this is a red flag. They’re swooping in while you’re still reeling from the accident, trying to get you to sign off on a settlement before you even have a chance to fully understand the extent of your injuries or your claim.
This approach is designed to catch you off guard and make you feel like you’re getting a good deal. In reality, it’s a tactic to minimize their costs. They’re hoping you’ll be so eager to put this behind you that you’ll accept whatever amount they throw at you, even if it’s far less than what you truly deserve.
Signing an early settlement can have serious consequences. Once you accept that offer and sign on the dotted line, you’re essentially closing the door on any future claims related to that accident. This means you could miss out on fair compensation for your injuries, medical expenses, lost wages, and even pain and suffering.
Many people don’t realize how their injuries can evolve over time. You might feel fine right now, but what happens when that pain resurfaces weeks or months down the line? Accepting a low settlement too soon could leave you financially strapped when you discover that your injuries require ongoing treatment or when you can’t work due to your condition.
When you choose Carter Injury Law, you’re not just hiring an attorney; you’re gaining a partner who genuinely cares about your situation. Unlike big insurance companies that see you as just another number, we recognize you as an individual with unique needs and challenges. That personal touch is what sets us apart.
Think of us as your sports agent. Just like a superstar athlete wouldn’t negotiate their own contract, you shouldn’t have to tackle the complexities of dealing with insurance adjusters alone. Our team steps in to advocate for you, negotiating terms and handling tough conversations to ensure your best interests are represented.
As your attorney, we wholeheartedly commit to fighting for the compensation you deserve while you focus on your recovery. With our knowledge of the legal system and effective negotiation skills, you can relax, knowing we’re in your corner, pushing for the best possible outcome on your behalf.
In closing, I want to reiterate just how crucial it is to have an attorney by your side after an accident. Legal representation isn’t just about navigating the complexities of insurance claims; it’s about relieving the stress that comes with it.
Don’t hesitate to reach out. If you’re feeling uncertain about how to proceed, I encourage you to contact our law firm for a free case evaluation. It’s completely risk-free; we don’t charge any fees unless we win your case. Let us take the burden off your shoulders and guide you through this process with the care and attention you deserve. You don’t have to go through this alone—call us today, and let’s get started on your path to recovery.