Do I need a lawyer after a car accident in Florida?
Every rule below is quoted from Florida law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Florida rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
If you are more than half at fault for your own injuries, you cannot recover any damages from the other driver. If you are fifty percent or less at fault, your damages are reduced by your share of the fault.
“any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages”
When you can sue the other driver
You can sue the at fault driver for pain and suffering only if the crash caused a significant and permanent loss of an important body function, a permanent injury other than scarring, significant permanent scarring or disfigurement, or death.
“Significant and permanent loss of an important bodily function.”
How long you have
- 2 years
- to sue for injuriesFla. Stat. § 95.11(5)(a)
- 2 years
- to sue for car or property damageFla. Stat. § 95.11(5)(a)
- 2 years
- for a family to sue after a deathFla. Stat. § 95.11(5)(e)
- 3 years
- to notify the government if a public vehicle or road was involvedFla. Stat. § 768.28(6)(a)
Deadline to sue for injuries
You have 2 years to sue over injuries from a car crash.
“(5) WITHIN TWO YEARS., (a) An action founded on negligence.”
If a government vehicle or road was involved
If a Florida state or local government vehicle or road is involved, you must present a written claim to the government agency, and in most cases also to the Department of Financial Services, within 3 years of the crash, and the agency must deny the claim in writing before you can sue.
“presents the claim in writing to the appropriate agency ... within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing”
How injury lawyers charge in Florida
Contingency fee rules
Florida sets a sliding scale of presumed reasonable contingency fees for injury cases. Before the defendant files an answer, the presumed limit is a third of the first $1 million recovered, 30 percent of the next million, and 20 percent above that. The limit rises to 40 percent of the first $1 million if the case settles after an answer is filed.
“33 1/3% of any recovery up to $1 million”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
To complain about an insurance company in Florida, file online through the Department of Financial Services Consumer Assistance Portal.
“Submit a concern related to insurance products, including bonds, warranties and annuities, online by visiting our Consumer Assistance Portal.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.