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For many people, filing a personal injury lawsuit in Florida can feel overwhelming. If you or a loved one were seriously injured in an accident, you probably have lots of unanswered questions and stress as the bills pile up. You may be wondering if it’s time to hire a lawyer, if you even have a case and, if so, how much your case is worth.

These are big questions that need answered so that you can decide your next best move. If you’re looking for quick answers to some important common questions about Florida personal injury law and your case, then you’ve come to the right place. We invite you to browse the free resources below.

Important note Every case is different. The information contained in the resources below are general in nature and not meant to replace professional legal counsel. We strongly encourage plaintiffs to discuss their individual case with a qualified and experienced attorney.


Frequently Asked Questions

Question: What should you bring to your initial consultation with your attorney?

Answer: It is very important that you bring a police report, or a drive exchange of information to your initial consultation. You should bring whatever you have to document the accident, to let us know who was at fault. It is also a good idea to bring any medical records you have or names of the doctors that you’ve been treated by. you should bring your identification card as well as any insurance cards that you may have so that we can notify all the proper parties and get this ball rolling for you and really keep your case together and synthesize it and analyze it as we go throughout your car accident case.

Question: What to expect from your initial consultation with our attorney?

Answer: Here at Tragos Law, we will discuss your injuries, how the accident occurred and what we can do to help during your initial consultation. We will explain our fees in detail and what you can expect throughout the case in a step-by-step explanation.

Question: How long do you have to file a claim after a car accident?

Answer: Florida’s statute of limitations, state that a person has two years from the date of the car accident to file a lawsuit to pursue compensation from whomever responsible for the damages, including your injuries.

Question: Where do I get my Florida crash report?

Answer: You can get a copy of the crash report here; Florida Department of Highway Safety and Motor Vehicles’ portal

Question: Should I seek medical treatment after a car accident even if I feel fine?

Answer: You may feel just fine after your car accident, but it is important to your immediate and long-term health to seek medical treatment right away. Many types of injuries are not always apparent immediately following an accident, but it is critical a medical professional assesses your condition and provide a proper diagnosis.

Question: How do I properly document a car accident?

Answer: First step is to take notes about your accident. These notes about the case will help your case if you must go to court. Record things like: who was driving, where they were going, what led up to the accident, your speed, witnesses to the accident, weather, or road conditions, and if any distractions occurred. Make sure to document with photos and keep all information pertaining to the accident. When you hire your car accident attorney, they will help you to file a claim properly.

Question: What if the person who hits me does not have insurance?

Answer: There are only two ways to go at that point. The best way is hopefully you have underinsured, or uninsured motorist coverage, because that will kick in and protect you if the at fault driver doesn’t have any insurance. If you don’t have UM insurance then the only other thing you can do is sue that person personally who hit you, and hope that they have enough money to pay you out of their pocket for your injuries.

Question: What if the Florida driver who hit me was drinking?

Answer: If you’re involved in an accident in Florida, and the other driver is intoxicated, Florida law presumes that they are at fault, for not only your injuries and the damage to your vehicle, but their own injuries, and the damage to their own vehicle.

That law does have a lot of legal requirements, and it is best that you contact an attorney if you find yourself in this set of circumstances.

Question: What are some common injuries from truck accidents?

Answer: TBI’s, Spinal Cord Injuries, Neck Injuries, Broken Bones, Burns, Paralysis

Question: Who is Liable in a Truck Accident (And How to Prove It)?

Answer: There are a couple different ways to determine fault in a Florida auto accident. First of all, Florida is a comparative fault state which means the fault of the person who is injured is also taken into the consideration of the fault of the other people involved in the accident. The other way that it can be determined in Florida is by looking at the statutes. Florida statutes do have presumptions of fault. For example, in a car accident, if someone hits you in a rear end collision, they are presumed to be at fault. 

Question: What if I Wasn’t Wearing a Helmet?

Answer: While you are well-advised to always wear a helmet when you ride, you are not legally required to do so in the State of Florida  if you are over the age of 21. Nevertheless, motorcycle helmets are closely associated with reducing the severity of head and neck injuries, and the jury in your case may take this into consideration if you suffered such an injury.

Question: What if I Share Fault?

Answer: In Florida, the fact that you may share fault for the injuries you sustain in a motorcycle accident will not stop you from collecting on the damages you suffered because of the other motorist’s negligence. If you were driving 10 miles over the speed limit when a distracted driver rear-ended your motorcycle, you may be deemed 20 percent at fault (for example), which would reduce your court awarded compensation by 20 percent. Don’t let the fact that you may share fault for an accident dissuade you from seeking the compensation to which you are entitled.

Question: Determining who is at fault in a motorcycle case?

Answer: Proving that the driver in an accident involving a motorcycle and a vehicle violated a traffic law at the time of the accident is extremely vital for establishing that the negligent acts of the driver caused the accident and the motorcyclist’s injuries. The following are examples of evidence that you can use for proving the at-fault party’s violation:

  • Details photos and videos of the accident site and your injuries.
  • The police report detailing a summary of the accident and traffic tickets (if any) that the responding police officer issued to the at-fault driver.
  • Testimonies from any witnesses who saw how the accident occurred.
  • Dashcam footage (if available) from the at-fault driver’s car or from other vehicles that were there during the accident.
  • GPS details and other relevant information from the car or mobile phone of the at-fault driver, which might show that they were using their phone or speeding when the accident happened.
  • Videos from surveillance cameras on the streets or from local businesses near the accident site.
  • Testimonies from accident reconstruction specialists or other expert witnesses.

A seasoned St. Pete motorcycle accident attorney knows how to use these pieces of evidence to demonstrate how the driver’s negligence resulted in the accident and your injuries.

Question: What are some common injuries from bicycle accidents?

Answer: Common injuries that result from bicycle accidents are broken bones, sprain/strain injuries, traumatic brain injuries, neck and back injuries, herniations to the neck and to the back, torn tendons, torn ligaments, and more. People can be thrown from their bicycle and sustain serious injuries when they land.

Question: What are some common injuries from pedestrian accidents?

Answer: Sadly, the injuries sustained by pedestrians who collide with roadway vehicles tend to be extremely serious in nature. Some of the most common categories of harm suffered by pedestrians involved in accidents include:

  • Traumatic brain injury
  • Bone fractures
  • Lacerations and resulting scars/disfigurement
  • Blood vessel and tissue damage necessitating amputation
  • Post traumatic stress disorder
  • Death

Still Confused? Talk to Tampa’s
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While we hope this Personal Injury Guide is helpful when conducting preliminary research about your case type and general Florida law, it’s important to understand that every case is different. The information provided above is not intended to be a substitute for professional legal advice. If you think you may have a case, we recommend meeting with an knowledgeable, experienced lawyer.

At the Law Offices of Tragos, Sartes & Tragos, we offer the perfect blend of experienced representation and youthful energy. Our Clearwater personal injury attorneys offer the latest in litigation strategies and extensive knowledge of Florida’s personal injury law. Schedule your free case consultation today.