Steven A. Bagen | April 2, 2025 | Personal Injury

If you’ve been hurt in a car crash, a fall, or any other accident, you may be wondering what it takes to get the money you need to recover. You’re not alone. Every year, thousands of Floridians deal with injuries caused by someone else’s actions. 

Filing a personal injury claim can be the path to physical and financial recovery. In this guide, we explain how to claim bodily injury from an accident in Florida and help you understand what to expect in the following days and weeks.

Knowing your rights and how to protect them early on can make a big difference. Insurance companies don’t wait. You shouldn’t either. The sooner you know what steps to take, the stronger your case can be.

 

Know What Counts as a Bodily Injury

A bodily injury means harm to your body, not damage to your car or property. These physical injuries may cause pain, limit movement, or require medical care. 

Florida law allows injured people to file a personal injury claim when someone else’s negligence caused the accident. That can include drivers, businesses, or property owners.

Common types of bodily injury include:

• Broken bones
• Back or neck injuries
• Head trauma
• Burns or cuts
• Torn ligaments or muscle damage

In Florida, bodily injury claims are usually linked to car accidents, motorcycle crashes, slip and fall cases, pedestrian injuries, and similar events. If another person caused your injury, even partly, you may be able to file a claim for medical bills, lost wages, and pain and suffering.

Florida uses a comparative fault rule. This means you can still recover money even if you were partly at fault, as long as someone else also shares responsibility. However, the amount you receive may be reduced based on your share of the blame. This is one reason why collecting evidence early matters.

See a Doctor and Follow the Treatment Plan

Many people try to wait it out after an accident. They assume soreness will disappear or that they don’t need medical help. This choice can harm both your health and your case. 

Insurance companies use delays in treatment as a reason to deny or reduce your claim. You need to show a clear link between the accident and your injuries. That’s only possible if you get medical help and follow your doctor’s advice. 

Even if you think you’re fine, seeing a doctor within a few days is best. Some injuries, especially to the head or spine, may not immediately show symptoms. Your medical records will serve as the main proof of your injuries. 

These records should:

• List your symptoms and diagnosis
• Include notes from doctors and specialists
• Show recommended treatment plans
• Track your recovery progress
• Note how injuries affect your daily life

Sticking to your treatment plan also shows that you take the injury seriously. Missing appointments or skipping physical therapy can hurt your credibility and give the insurance company an excuse to lower your settlement.

Understand Florida’s Insurance Rules

Florida follows a no-fault insurance system for car accidents. This means your own insurance company pays for your medical bills and lost wages up to a certain amount, no matter who caused the crash. 

This is called Personal Injury Protection (PIP) and is required for all Florida drivers. PIP covers:

• 80% of medical expenses
• 60% of lost wages
• Up to $10,000 in benefits

But PIP has limits. If your injuries are serious, you may have the right to step outside of the no-fault system and file a claim against the at-fault driver’s bodily injury liability insurance. This lets you seek full compensation for damages like:

• Pain and suffering
• Emotional distress
• Long-term disability
• Lost future earnings

To do this, your injury must meet Florida’s serious injury threshold. This includes permanent injuries, significant scarring or disfigurement, or death. An attorney can help you decide if your injuries qualify.

Start Gathering Evidence Soon

Waiting too long to collect evidence can weaken your case. Memories fade, and records can get lost. The more you document in the first few weeks, the easier it will be to prove how the accident happened and how it affected your life.

Try to collect:

• Photos of your injuries and the accident scene
• Medical bills and reports
• A journal documenting your pain and limitations
• Contact information for witnesses
• Police or incident reports

Keep everything organized. Store digital copies on your phone or computer. You can also ask your doctor’s office for updated medical records during your recovery. These details are often the difference between a strong and weak injury claim.

The same principles apply even if you were hurt on someone’s property or in a public space. You need proof that a dangerous condition existed and that the person or company responsible failed to fix it.

Communicate Carefully with Insurance Companies

After an accident, insurance adjusters may reach out to you within days. They may ask for a recorded statement, request access to your medical records, or even offer a quick settlement. These actions may seem helpful, but they are designed to protect the insurer, not you.

Avoid giving recorded statements without legal advice. Anything you say can be used against you later. Do not sign forms or agree to release full medical records without understanding your rights. 

These requests can allow the insurance company to blame your injuries on a preexisting condition or something unrelated to the accident.

Instead, keep your communication short and simple:

• Confirm that you are receiving treatment
• Provide only basic information
• Avoid discussing fault or injuries in detail
• Refer further questions to your attorney

Insurance companies are businesses. Their goal is to pay as little as possible. The less they know about your injury early on, the less they can use against you.

Know the Time Limits to File a Claim

Florida has a strict statute of limitations for personal injury cases. You have two years from the date of the accident to file a lawsuit in most cases. Missing this deadline means you give up your right to seek compensation.

There are a few exceptions. If the injury involves a government entity, like a city-owned bus or building, you must give written notice of your claim within six months. Claims involving minors or hidden injuries may allow for more time, but those situations are rare.

It’s better to act early. Even if you don’t plan to go to court, filing a claim or hiring a lawyer within the first year strengthens your chances of a fair settlement. Evidence is easier to collect, witnesses are easier to find, and insurance companies take you more seriously.

Steps to Take in the Weeks After an Accident

Many people assume the most important steps happen at the accident scene. While those first actions matter, what you do in the following weeks can have an even greater effect on your claim.

You should:

• Keep all follow-up medical appointments
• Maintain a journal of symptoms, pain levels, and limitations
• Track time missed from work and activities you can’t do
• Collect and store all receipts tied to the injury
• Avoid posting about the accident on social media

Stay off social media during your recovery. Even innocent photos or comments can be used by insurance adjusters to downplay your pain or claim you’re not truly hurt. 

The insurance company may look at your public activity and try to argue that your injuries are not serious. You should also avoid returning to strenuous work or activities without medical clearance. 

Doing too much too soon can slow your recovery and hurt your case. Always listen to your doctors and get written notes explaining any work restrictions or physical limitations.

Understand How Damages Are Calculated

Damages are the losses caused by your injury. These can be financial, physical, or emotional. 

You need to show how the accident affected your life to get full compensation. Insurance companies don’t automatically offer fair amounts. You must prove what the injury cost you.

There are two main types of damages: economic and non-economic.

Economic damages include:

• Hospital bills and physical therapy
• Future medical costs
• Lost wages
• Loss of future income
• Transportation for doctor visits

Non-economic damages include:

• Pain and suffering
• Anxiety or depression
• Loss of enjoyment of life
• Permanent scarring or disability

There is no fixed formula for pain and suffering. The more detailed your documentation, the stronger your case becomes. That includes medical records, doctor notes, photos of your injuries, and journal entries showing how the injury changed your life.

Sometimes, the insurance company may hire a doctor to review your records and argue your injury isn’t serious. This is why it helps to have strong support from your treating physicians.

When to Involve a Personal Injury Lawyer

Some injury claims are simple. Others are not. If your injury is serious or the insurance company denies fault, speaking to a lawyer is one of the best decisions you can make. You don’t have to wait until you’re ready to sue. 

A lawyer can guide you through the entire process and help you avoid mistakes early on.

It’s time to contact a lawyer when:

• Your injuries are permanent or life-changing
• You’ve missed significant time from work
• You’ve received a low settlement offer
• The insurance company delays your claim
• You feel pressured to accept a deal

A lawyer can review your case and handle all communication with the insurance company. They will also collect evidence, work with doctors to explain your injuries, and prepare your case for trial if needed.

Hiring a lawyer does not mean you’re being aggressive. It means you’re being smart. You’re protecting your rights and making sure you don’t leave money on the table.

Bodily Injury Claims Involving Other Accident Types

Car accidents are common, but bodily injury claims can also come from other situations. Florida law allows you to file a personal injury claim when someone else failed to act responsibly and caused harm.

Other accident types that may lead to claims:

• Slip and fall injuries on wet floors, broken stairs, or poorly lit walkways
• Bicycle and pedestrian accidents caused by negligent drivers
• Motorcycle crashes involving left-turning vehicles or failure to yield
• Truck accidents involving fatigued or distracted drivers
• Toxic exposure cases in work settings or public spaces

Each type of accident has its own challenges. For example, slip and fall claims require you to prove that the business or property owner knew (or should have known) about a hazard and failed to fix it. Establishing the source and extent of harm in toxic exposure cases is key.

That’s why documentation is so necessary. The more facts you have, the easier it is to show that someone else is at fault.

Common Mistakes That Can Harm Your Claim

Even a strong claim can be damaged by avoidable mistakes. People often act without realizing their decisions can hurt their case. These mistakes can reduce your settlement or cause your case to be dismissed.

Avoid these actions:

• Missing medical appointments or stopping treatment too early
• Giving a recorded statement to insurance without legal advice
• Posting about your recovery online
• Accepting the first settlement offer without review
• Waiting too long to seek legal help

Insurance companies are trained to look for gaps and inconsistencies. If your medical records don’t match your injury claim or your social media shows you doing things your doctor restricted, they will use it against you. Protect yourself by being honest, consistent, and cautious.

Legal Solutions Are Just a Call Away

The aftermath of an accident can leave you feeling lost and uncertain. Bills pile up. Pain lingers. The insurance company may seem helpful at first, but their goal is to settle for as little as possible. That’s why getting trusted legal support matters.

At Steven A. Bagen & Associates, P.A., we’ve spent more than 40 years helping injury victims throughout Florida, including Gainesville, Ocala, and beyond. Our team has a 99% success rate and has recovered hundreds of millions of dollars for our clients. We treat every case with care and every client with respect.

You don’t pay us unless we win for you.

Call us at (800) 800-2575 for a free consultation. We’re available 24/7 and are ready to fight for the compensation you deserve.