Common Pitfalls That Can Undermine a Car Accident Case in Florida
A car accident is always disruptive. It can leave individuals dealing with injuries, property damage, missed work, and mounting expenses. In the aftermath, many people take actions—often unknowingly—that can weaken their ability to recover compensation under Florida law. Some of these missteps are irreversible, particularly under the 2023 updates to Florida’s tort laws.
At Aronberg & Aronberg, we have represented clients across Florida for decades. We have seen how avoidable mistakes can complicate or even derail valid claims. This article outlines common pitfalls that can undermine your case—and how to avoid them.
After an accident, many people downplay their injuries or assume they will feel better in a few days. This can be a costly mistake. Florida law requires those injured in a car crash to seek medical treatment within 14 days to qualify for Personal Injury Protection (PIP) benefits. Waiting longer can result in a denial of coverage—even for injuries that later prove serious.
In addition to the legal implications, delays create gaps in your medical record that insurance companies will use to argue that your injuries were unrelated to the crash or are not as serious as claimed. Seeking prompt treatment protects both your health and your case.
Crash scenes are cleared quickly, and memories fade. Taking a few minutes to gather key evidence can make a major difference in your ability to prove fault and damages. Failing to do so leaves you reliant on incomplete or biased accounts.
If you are physically able, try to:
Without this information, it may be much harder to establish liability—especially under Florida’s modified comparative negligence rules.
After a crash, insurance adjusters—sometimes even your own—will reach out quickly for a statement. They may seem helpful, but their goal is often to gather information that can be used to reduce or deny your claim. Even casual remarks such as “I’m fine” or “I didn’t see the other car” can be misinterpreted and used against you.
You are not required to give a recorded statement without legal representation. In fact, it is wise not to. A personal injury attorney can handle communication with insurance companies on your behalf, ensuring your rights are protected.
Anything posted online after an accident is potential evidence. Photos of vacations, gym workouts, or smiling selfies—however unrelated—can be used by insurance companies to suggest your injuries are exaggerated or non-existent. Even comments from friends asking how you are doing can lead to misinterpretations if your response appears too upbeat or dismissive of your condition.
During an ongoing injury claim, it is best to stay off social media entirely or set your profiles to private and avoid discussing anything related to the accident or your health.
In 2023, Florida reduced the statute of limitations for negligence-based personal injury claims from four years to two years. This means you now have a much shorter window to file a lawsuit following a car accident. Waiting too long can permanently bar your right to recover compensation—even if the other party was clearly at fault.
The sooner you consult with an attorney, the better. Early legal intervention ensures deadlines are met, evidence is preserved, and your case is built on solid footing.
Florida’s 2023 tort reform also introduced a modified comparative negligence standard. If you are found more than 50% at fault for an accident, you are barred from recovering damages. However, if you are 50% or less at fault, you can still recover compensation—reduced by your percentage of fault.
This makes it critical to work with a law firm that knows how to investigate and present evidence persuasively, especially when liability is disputed.
Protecting Your Rights After a Crash
Florida’s legal landscape has changed, and injured individuals must be proactive and informed. The right steps—taken early—can make a significant difference in the outcome of your case.
If you have been injured in a car accident, contact Aronberg & Aronberg as soon as possible. We will guide you through every step of the legal process and fight to ensure your rights are upheld under Florida law.
