Common Myths About Personal Injury Claims in Florida

When you’ve been injured in an accident, misinformation can make an already stressful situation even more confusing. When accident victims call my office, they are oftentimes uncertain about their legal rights or hesitant to pursue a claim based on myths they’ve heard about the process. As such, I'd like to set the record straight by debunking some of these common misconceptions—so you can make confident, informed decisions in the future about your legal options and recovery.

Myth #1: You Can’t File a Lawsuit if You Were Partially at Fault

Fact: Florida follows a modified comparative negligence rule (as of 2023). This means you can recover damages as long as you are less than 51% at fault for the accident. Your compensation will be reduced based on your percentage of fault, but you can still recover damages for your injuries.

Myth #2: Florida’s No-Fault Law Means You Can’t Sue the Other Driver

Fact: Florida’s no-fault insurance system requires drivers to use their own Personal Injury Protection (PIP) benefits first. But if you suffer a serious or permanent injury, you can still file a lawsuit against the at-fault party to recover additional damages not covered by PIP, such as pain and suffering or future medical expenses.

Myth #3: You Don’t Need a Lawyer—You Can Negotiate Directly with The Insurance Company

Fact: Insurance companies are in the business of minimizing payouts—not maximizing your recovery. They often offer quick, lowball settlements that don’t reflect the full extent of your injuries. A knowledgeable Florida personal injury attorney can protect your interests and fight for full and fair compensation.

Myth #4: You Have 4 Years to File a Personal Injury Lawsuit 

Fact: Florida has a strict two-year statute of limitations for personal injury claims (shortened from four years in 2023). If you don’t file your lawsuit within this time, you may lose your right to seek compensation—no matter how strong your case is.

Myth #5: Minor Injuries Aren’t Worth Filing a Claim Over

Fact: Even so-called “minor” injuries like soft tissue damage or whiplash can lead to long-term pain, disability, or expensive treatment. If someone else’s negligence caused your injury, you may be entitled to compensation—even if the injury seems manageable at first.

Myth #6: If You Make a Personal Injury Claim, You Will Have to Go to Court 

Fact: The vast majority of personal injury cases in Florida—over 90%—are resolved without the client ever stepping foot in a courtroom. Through negotiation or mediation, most cases reach a fair settlement. However, having a skilled litigation attorney ensures you're prepared if a trial becomes necessary.

Myth #7: You Cannot Afford a Personal Injury Lawyer

Fact: Most Florida personal injury lawyers (including myself) work on a contingency fee basis, meaning you pay nothing upfront. You only pay legal fees if we win your case or obtain a settlement. This makes it possible for anyone, regardless of financial situation, to access high-quality legal representation after an accident.

Don't let common myths stand in the way of the justice and compensation you deserve. The best way to protect yourself is to speak with an experienced Florida personal injury attorney who can guide you through the process, fight for your rights, and handle the insurance companies on your behalf.

Injured? Contact my office today for a FREE consultation. Call (888) 411-7854 or email me directly at bethany@dolezallaw.com. I want to help.