You may still have a case through your Uninsured/Underinsured Motorist (UM/UIM) coverage, or other liability avenues. We can investigate and guide you.
Yes. Injuries can develop over time and insurance companies often deny or lowball claims without legal pressure. A lawyer protects your rights and value.
Personal Injury Protection (PIP) covers up to $10,000 in medical expenses and lost wages—regardless of fault. You must get medical treatment within 14 days to qualify.
We work on a contingency fee on all personal injury cases—you pay nothing up front, and we only get paid if we recover money for you.
¡Sí! Somos un bufete de abogados bilingüe. Podemos ayudarte en español desde tu primera llamada hasta la resolución de tu caso.
Yes. Under Florida Statutes §316.208, motorcyclists have all the rights and are subject to all the duties applicable to drivers of any other vehicle.
According to Florida Statute §316.211, riders over 21 may ride without a helmet if they carry at least $10,000 in medical insurance coverage. However, helmets are strongly recommended for safety.
Motorcycle crashes are often caused by distracted drivers, failure to yield, and blind spot collisions. These are common grounds for a negligence claim under Florida’s comparative fault law (§768.81).
Yes. Florida follows a modified comparative negligence system (§768.81). As of March 2023, if you’re more than 50% at fault, you cannot recover damages. Otherwise, your compensation is reduced by your percentage of fault.
Per Florida Statutes §95.11(4)(a), you have two years from the date of the accident to file a personal injury lawsuit, including those involving commercial trucks.
Yes. Trucking companies and their drivers must comply with both Florida law and federal regulations (like those from the FMCSA). This includes hours-of-service rules, driver qualifications, and vehicle maintenance standards.
Call 911, get medical attention, and contact an attorney. Evidence from the crash scene, the truck’s black box, and driver logs can be critical to your case. We can send a spoliation letter under Florida law to preserve this evidence.
Yes. Under the doctrine of vicarious liability and Florida law, if the driver was within the course and scope of employment, the company may be liable. You may also have direct claims for negligent hiring or training.
Yes.
In Florida, a personal injury claim is a civil matter, not an immigration matter. Civil claims are handled in civil court and are separate from immigration proceedings.
A person’s immigration status does not eliminate their right to seek compensation if they were injured due to someone else’s negligence. Individuals may still have the right to pursue claims for damages such as medical expenses, lost wages, and pain and suffering.
That said, every case is different, and certain issues may require careful handling depending on the facts of the case. Insurance companies may raise questions that are unrelated to liability or damages, which is why it is important to understand your rights before providing statements or signing documents.
This information is provided for general educational purposes only and does not constitute legal advice. Consulting with a qualified personal injury attorney can help you understand how the law applies to your specific situation.
Yes.
Being eligible for Personal Injury Protection (PIP) benefits and having a personal injury claim are not the same thing.
In Florida, the 14-day rule generally applies to PIP medical benefits, which are part of a no-fault insurance system. Missing that deadline may affect access to certain PIP benefits, but it does not automatically prevent someone from having a personal injury claim against the at-fault party.
A personal injury case is based on whether another party’s negligence caused your injuries. The ability to pursue such a claim depends on many factors, including liability, damages, and applicable statutes of limitation.
Because insurance coverage and legal rights can vary based on the facts of each case, it is important to understand how the timing of medical treatment may impact your specific situation before making assumptions or taking next steps.
This information is provided for general educational purposes only and does not constitute legal advice.
In Florida, most personal injury claims based on negligence must be filed within two (2) years from the date of the accident.
This deadline is set by Florida Statutes § 95.11(4)(a), which governs the statute of limitations for negligence actions.
If a lawsuit is not filed within the applicable statute of limitations, the injured party may be barred from pursuing the claim, regardless of its merits.
It is important to note that:
- Different rules and deadlines may apply depending on the type of claim involved (such as wrongful death, claims involving government entities, or other specific circumstances).
- The statute of limitations is separate from insurance deadlines or notice requirements, which may arise much earlier.
Because determining the correct deadline depends on the specific facts of each case, individuals should seek legal guidance to understand how the statute of limitations applies to their situation.
This information is provided for general educational purposes only and does not constitute legal advice.
Not always.
Whether you are required to give a recorded statement depends on which insurance company is asking and what type of claim is involved.
1. The other driver’s insurance (Bodily Injury / “BI” carrier)
In most situations, you are not legally required to give a recorded statement to the at-fault driver’s insurance company.
This is because:
- The other driver’s insurance company does not represent you
- Their job is to protect their insured, not you
- They are allowed to ask questions that may reduce or deny a claim
Think of it like this:
The other driver’s insurance company is not on your team.
You are not required to help them build a case against you.
There is no Florida statute that requires an injured person to give a recorded statement to the at-fault party’s insurer as a condition of pursuing a bodily injury claim.
2. Your own insurance company (Uninsured / Underinsured Motorist “UM” carrier)
This is different.
Your UM coverage is governed by your insurance contract, not just Florida law. Most policies require the insured to:
- Cooperate with the investigation
- Provide information reasonably requested by the carrier
This may include a recorded statement.
However:
- Timing matters
- The scope of questions matters
- You still have rights and protections
Even though this is your insurance company, a UM carrier is still allowed to:
- Evaluate your credibility
- Question causation and damages
- Defend the claim if necessary
In simple terms:
Your insurance company can ask questions but that does not mean you must answer everything, immediately, or without guidance.
Why this matters
Recorded statements are often taken early, before:
- Medical treatment is complete
- Injuries are fully understood
- All facts are known
What you say even unintentionally can later be used to:
- Minimize injuries
- Create inconsistencies
- Limit recovery
No.
Going to the hospital is not required to have a valid personal injury claim.
A personal injury claim is based on whether you were injured because of someone else’s negligence, not on whether you went to the emergency room on the day of the accident.
Why many people do not go to the hospital right away
After an accident, it is common for people to:
- Feel “okay” at first
- Be in shock or running on adrenaline
- Notice pain or symptoms days later, not immediately
Some injuries especially neck, back, and soft-tissue injuries often do not appear right away.
What matters more than the hospital
What matters is:
- Whether you sought reasonable medical evaluation
- Whether your symptoms are documented
- Whether treatment is consistent with the type of accident involved
Medical care can include:
- Urgent care
- Primary care providers
- Chiropractors
- Physical therapy
- Specialists, when appropriate
There is no Florida law that requires an emergency room visit to pursue a personal injury claim.
Why documentation still matters
Even though a hospital visit is not required, medical documentation is important.
Insurance companies often look at:
- When symptoms were first reported
- Whether care was delayed and why
- Whether treatment makes sense given the incident
Delays in treatment do not automatically defeat a claim, but they may raise questions that need to be properly addressed.
A common misunderstanding
Many people believe:
“If I didn’t go to the ER, I don’t have a case.”
That is not accurate.
A valid claim depends on:
- Liability
- Causation
- Damages
Not on whether an ambulance or emergency room was involved.
This information is provided for general educational purposes only and does not constitute legal advice. Every case is different, and the impact of medical timing depends on the specific facts involved.
No.
Most personal injury cases do not automatically go to court.
In many situations, claims are resolved through the pre-suit process, which involves investigation, documentation of damages, and negotiation with the insurance company before any lawsuit is filed.
What is pre-suit?
Pre-suit is the period before a lawsuit is filed. During this phase, an attorney may:
- Investigate how the accident occurred
- Gather medical records and supporting documentation
- Communicate and negotiate with the insurance company on the injured person’s behalf
Many cases are resolved during this stage, which is why trials are not as common in personal injury matters.
In simple terms:
A lawsuit is not the starting point it is one possible tool.
When does a case go to court?
A case may move into litigation if:
- Liability is disputed
- The insurance company refuses to make a reasonable offer
- Legal deadlines require filing suit to protect the claim
Litigation does not necessarily mean a trial will occur. Even after a lawsuit is filed, many cases still resolve before trial through continued negotiation, mediation, or settlement discussions.
The attorney’s role
An attorney’s responsibility is to:
- Guide the client through each stage of the case
- Evaluate when to negotiate, when to push, and when further legal action may be necessary
- Advocate on the client’s behalf at every step
Cases are prepared carefully and strategically so that decisions are made based on the facts, not fear or pressure.
This information is provided for general educational purposes only and does not constitute legal advice. Every case is different, and whether a case proceeds to litigation depends on its specific circumstances.
There is no single timeline that applies to every personal injury case. The length of a case depends on several factors, including the severity of the injuries, the available insurance coverage, and whether the case resolves during pre-suit or proceeds into litigation.
Pre-Suit Phase (Before a Lawsuit Is Filed)
In general, the pre-suit phase may last approximately five (5) to ten (10) months.
During this stage, an attorney typically:
- Investigates liability
- Gathers medical records and bills
- Evaluates the nature and extent of the injuries
- Assesses available insurance coverage
- Negotiates with the insurance company
Timing during pre-suit often depends on:
- Whether medical treatment is ongoing
- How serious or permanent the injuries appear to be
- The size of the insurance policies involved
As a general observation:
Cases involving smaller policy limits and significant injuries may resolve sooner.
Cases involving larger policies and serious or permanent injuries often require more time and careful evaluation.
Litigation Phase (After a Lawsuit Is Filed)
If a lawsuit is filed, the litigation process typically lasts approximately one (1) year, though timelines can vary.
In many Florida cases, courts issue scheduling orders designed to move cases toward being trial-ready within approximately eighteen (18) months.
Litigation generally includes the following stages:
- Initial discovery
- Depositions of parties and witnesses
- Expert disclosures
- Mediation
- Expert discovery
- Ongoing negotiations and communication with opposing counsel
- Trial, if necessary
It is important to understand that negotiations occur at every stage of the litigation process, not just at the end.
Do most cases go to trial?
No.
Only a small percentage of personal injury cases often estimated at approximately 3% actually proceed to trial.
Most litigation cases resolve after depositions and before or around mediation, once both sides have had the opportunity to fully evaluate the evidence, testimony, and potential risks.
Why patience matters
Personal injury cases require careful preparation. Resolving a case too early, before injuries are fully understood or documented, may negatively impact the outcome. Decisions about timing are made strategically, with the goal of protecting the client’s interests at every stage.
This information is provided for general educational purposes only and does not constitute legal advice. Every case is different, and timelines vary based on the specific facts involved.
Yes.
Not calling the police does not automatically prevent you from pursuing a personal injury claim.
While a police report can be helpful, it is not always required to have a valid claim.
Why people often do not call the police
There are many common reasons why police are not called after an accident, including:
- The accident did not seem serious at the time
- Injuries were not immediately apparent
- Vehicles were moved off the roadway
- Law enforcement was unavailable or declined to respond
These situations are common and do not eliminate legal rights.
What you do after an accident can significantly affect a personal injury claim. Many common mistakes are unintentional, but they can still be used by insurance companies to question, minimize, or discredit a claim.
Below are some of the most important things to avoid.
1. Be careful with social media
Social media is one of the most common ways injury claims are challenged.
Insurance companies routinely review:
- Public posts
- Photos
- Videos
- Stories
- Tagged content from other people
The issue is not whether you are allowed to live your life. The issue is how your activity can be interpreted.
For example:
- Videos of you working out or lifting weights
- Running races or participating in athletic events
- Dancing, partying, or physically demanding activities
- Any content that appears inconsistent with reported injuries
In very simple terms:
If your injury involves your body, and your body is part of the claim,
anything showing what your body can do may be used against you.
This does not mean you cannot post normal life events (such as birthdays or family moments). It means you should avoid posting content that could directly contradict your claimed injuries.
2. Avoid giving recorded statements without guidance
Insurance companies may request a recorded statement shortly after an accident.
Recorded statements are often taken:
- Before injuries are fully understood
- Before treatment is complete
- When facts are still unclear
Statements can later be used to:
- Highlight inconsistencies
- Minimize injuries
- Question credibility
Different rules may apply depending on whether the request comes from the at-fault party’s insurer or your own insurance carrier. Understanding those differences matters before answering questions.
3. Do not delay medical care without a reason
Delaying medical treatment can create issues in a claim.
Insurance companies often question:
- Why treatment was not sought sooner
- Whether injuries were caused by the accident
- Whether symptoms were serious
Delayed treatment does not automatically defeat a claim, but it often requires additional explanation and documentation.
In simple terms:
Waiting too long makes the insurance company’s job easier.
4. Do not sign medical or settlement releases too early
Insurance companies may ask you to sign documents that:
- Authorize broad access to medical records
- Release claims before the full extent of injuries is known
Signing these documents too early may limit:
- What evidence can be used
- What compensation may be available
- Your ability to pursue further claims
Once a release is signed, it is often final.
5. Avoid assuming the insurance company is “on your side”
Insurance companies are for-profit businesses. Their role is to:
- Evaluate claims
- Limit exposure
- Protect their insured or their bottom line
This does not mean they act improperly, but it does mean their interests are not the same as yours.
Why this guidance matters
Many mistakes occur simply because people do not know what can be used against them later. Personal injury claims are often evaluated months after the accident, with hindsight and documentation playing a major role.
Careful decisions early in the process help protect the integrity of a claim.
This information is provided for general educational purposes only and does not constitute legal advice. Every case is different, and individuals should seek legal guidance to understand how these issues may apply to their specific situation.

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Hours:
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Get a Copy of Your Florida Crash Report

Address: 450 S Orange Ave, 3rd Floor Orlando, FL 32801

Hours:Monday–Friday8:00am–6pm

Email:eloisa@pino-law.com

Follow us on Social · Instagram: PinoLawFirm · Follow us on Social · Tik Tok: tu.abogada.eloisa

Follow us on Social · Instagram: PinoLawFirm · Follow us on Social · Tik Tok: tu.abogada.eloisa Follow us on Social · Instagram: PinoLawFirm · Follow us on Social · Tik Tok: tu.abogada.eloisa

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Do motorcycle riders have the same rights as other drivers in Florida?

Is helmet use required for motorcycle riders in Florida?

What are common causes of motorcycle accidents in Florida?

Can I still recover damages if I was partly at fault for the crash?

What is the statute of limitations for filing a trucking accident claim in Florida?

Are trucking companies held to a higher standard of care?

What should I do immediately after a truck accident in Florida?

Can I sue the trucking company if the driver was at fault?

Can I have a personal injury claim if I currently don't have a legal status?

Can I have a personal injury case if 14 days have passed since the accident?

How long do I have to bring a claim if I was injured in an accident?

Do I have to give a recorded statement to the insurance company?

Do I need to go to the hospital to have a valid personal injury claim?

Will my personal injury case automatically go to court?

How long does a personal injury case usually take?

Can I still pursue a personal injury claim if I did not call the police?

What should I avoid doing after an accident?

Address:
450 S Orange Ave, 3rd Floor Orlando, FL 32801

Hours:
Monday–Friday
8:00am–6pm

Email:
eloisa@pino-law.com

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