Car Accidents

Yes — Florida is a no-fault state, meaning your own Personal Injury Protection (PIP) insurance pays your medical bills first, regardless of who caused the accident. However, if your injuries meet Florida’s “serious injury threshold” — such as significant scarring, permanent limitation, or significant disfigurement — you may be able to step outside the no-fault system and file a claim directly against the at-fault driver. An experienced Tampa car accident attorney can evaluate whether your injuries qualify.

Florida recently reduced its statute of limitations for personal injury claims. As of 2023, you generally have two years from the date of the accident to file a lawsuit. Missing this deadline typically means losing your right to compensation entirely — which is why contacting an attorney as soon as possible after your accident is critical.

Florida follows a “modified comparative negligence” rule. If you are found to be more than 50% at fault for the accident, you cannot recover damages. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. For example, if you are 20% at fault and your total damages are $100,000, you would receive $80,000. Insurance companies often try to inflate your share of fault to reduce their payout — having an attorney on your side helps prevent this.

Depending on your case, you may be entitled to recover: medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, property damage, and in cases involving gross negligence — such as a drunk driver — punitive damages may also be available. A Cappy Law attorney will work to identify every category of damages you are entitled to.

Every case is different. Key factors include the severity of your injuries, whether you required surgery or hospitalization, the impact on your ability to work, the available insurance policy limits, and the degree of the other driver’s fault. There is no one-size-fits-all answer, but an experienced Tampa car accident attorney can evaluate the specific facts of your case and give you a realistic picture of what fair compensation looks like.

Florida requires drivers to carry minimum coverage, but many drive uninsured anyway. If the at-fault driver is uninsured or underinsured, you may be able to make a claim through your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This is one of the most important coverages to carry in Florida. Cappy Law can help you pursue every available avenue of recovery, including your own insurance policy.

This is extremely common. Injuries like whiplash, soft tissue damage, herniated discs, and even traumatic brain injuries can take hours or days to fully manifest. You should seek medical attention as soon as any symptoms appear — and critically, you must seek treatment within 14 days of the accident to preserve your PIP insurance benefits under Florida law. Delaying treatment can also be used by insurance companies to argue that your injuries were not caused by the accident.

In Florida, your Personal Injury Protection (PIP) coverage pays 80% of necessary medical bills and 60% of lost wages, up to $10,000. After PIP is exhausted, your health insurance, MedPay coverage, or the at-fault driver’s liability coverage may apply. Coordinating these sources correctly can significantly increase your recovery. An attorney can help manage this process so nothing falls through the cracks.

Common injuries include whiplash and neck injuries, back and spinal injuries, herniated or bulging discs, traumatic brain injuries (TBI), broken bones, knee and shoulder injuries, internal bleeding, and lacerations. Some injuries do not appear on initial imaging — this is why ongoing medical documentation and follow-up care is critical to both your health and your legal claim.

Straightforward cases with clear liability and well-defined injuries can sometimes settle in a few months. More complex cases — involving severe injuries, disputed fault, or uncooperative insurance companies — may take one to two years or longer, especially if litigation becomes necessary. Cappy Law will always advise you on the realistic timeline for your specific situation and keep you informed throughout the process.

The vast majority of car accident cases settle before reaching trial. However, if the insurance company refuses to offer fair compensation, filing a lawsuit and going to trial may be the right path. Cappy Law is fully prepared to take your case as far as needed — including through trial — to get you the result you deserve. Insurance companies know which law firms will fight, and that matters in negotiations.

An experienced attorney investigates the accident, gathers and preserves evidence, handles all communications with insurance companies, calculates the full value of your damages (including future costs), negotiates a settlement, and if necessary, litigates your case in court. Having a lawyer levels the playing field against well-funded insurance companies whose primary goal is to minimize what they pay you.

Cappy Law handles car accident cases on a contingency fee basis — meaning you pay nothing upfront and no attorney fees unless we recover compensation for you. Our fee is a percentage of the settlement or verdict we obtain on your behalf, so there is no financial risk to you for seeking legal help. If we don’t win, you don’t pay.

Drunk driving accidents often result in more serious injuries and may open the door to punitive damages beyond standard compensation, as Florida law allows additional damages when an at-fault driver acted with gross negligence. In some circumstances, it may also be possible to pursue a Dram Shop claim against a bar or establishment that over-served the intoxicated driver. Cappy Law will explore every avenue of recovery available to you.

Call the police immediately and try to note any details about the fleeing vehicle — color, make, model, and any partial plate information. Gather contact information from any witnesses. Seek medical treatment, and contact an attorney as soon as possible. Florida’s Uninsured Motorist (UM) coverage may cover your damages even when the at-fault driver flees the scene — making it critical to review your own policy.

Yes — as long as you are 50% or less at fault under Florida’s modified comparative negligence standard. Your compensation will be reduced proportionally by your share of fault, but you are not completely barred from recovery. Insurance companies will often try to assign you more fault than is warranted. An attorney can investigate the facts and push back against unfair fault assignments.