Personal Injury FAQ · Palm Beach County · Hablamos Español
Answers to the most common questions about Florida personal injury law, insurance, the process of working with our firm, and Palm Beach County–specific topics.
Florida Statute 95.11(3)(a) gives you 2 years from the date of injury to file most personal injury lawsuits. This deadline is absolute — missing it by even a single day permanently eliminates your right to compensation. Wrongful death claims also have a 2-year deadline (Fla. Stat. 95.11(4)(d)). Dog bite claims under Fla. Stat. 767.04 have 4 years. Medical malpractice has 2 years from discovery with specific pre-suit procedures. Claims against a government entity (city, county, state, school district) have shorter notice requirements under Fla. Stat. 768.28. Call Advocates USA immediately after any serious accident.
Florida is a no-fault insurance state. All registered vehicle owners must carry at least $10,000 in Personal Injury Protection (PIP) coverage under Florida Statute 627.736. After an accident, your own PIP pays 80% of medical bills and 60% of lost wages — regardless of who was at fault — up to your policy limit. To access PIP, you must seek medical treatment within 14 days of the accident. PIP does not cover pain and suffering. When injuries are serious or permanent, you can step outside the no-fault system and sue the at-fault driver for full damages including pain and suffering.
Florida follows a modified comparative fault system under Florida Statute 768.81. You can recover damages as long as you were not more than 50% at fault for the accident. Your recovery is reduced by your percentage of fault. For example, if you are found 30% at fault in a case with $300,000 in damages, you recover $210,000. If you are found 51% or more at fault, you recover nothing. Insurance companies aggressively work to inflate your assigned fault percentage. Advocates USA challenges every fault-inflation argument with accident reconstruction, expert testimony, and the factual record.
For most personal injury cases in Florida, there are no caps on compensatory damages — meaning you can recover the full economic and non-economic value of your injury. Medical malpractice caps were declared unconstitutional by the Florida Supreme Court in 2014 (McCall) and 2017 (Kalitan). Punitive damages are generally capped at the greater of $500,000 or 3x compensatory damages under Fla. Stat. 768.73, with exceptions for cases involving DUI and intentional misconduct. Government entity claims under Fla. Stat. 768.28 have specific damage caps and procedural requirements.
Florida has one of the highest rates of uninsured drivers in the United States — approximately 20% of drivers carry no liability coverage. If you’re hit by an uninsured driver, your primary recovery options include: (1) your own Uninsured Motorist (UM) coverage, if you carry it; (2) Underinsured Motorist (UIM) coverage if the at-fault driver had inadequate limits; (3) a direct claim against the driver’s personal assets; (4) any umbrella policies; and (5) in some cases, the driver’s employer’s policy if they were on company business. Advocates USA identifies every available source of compensation.
Almost always: no. The insurance company’s first offer is calculated to close your case quickly — before you understand the full extent of your injuries, future medical needs, and total economic impact. Settlement offers made in the days or weeks after an accident routinely fail to account for the cost of physical therapy, future surgeries, ongoing medication, lost earning capacity, and pain and suffering. Once you sign a release and accept a settlement, you cannot reopen the claim. Call Advocates USA before accepting any offer — our free case evaluation costs nothing and takes minutes.
Under Florida’s modified comparative fault rule, you can still recover compensation as long as you were not more than 50% responsible. Your compensation is reduced by your percentage of fault. Insurance companies aggressively inflate your fault percentage. We present accident reconstruction evidence, traffic records, and witness testimony to establish the accurate distribution of fault and protect your recovery.
Florida has both a high rate of uninsured drivers (around 20%) and high rates of underinsured drivers (drivers who carry only the minimum required coverage that is insufficient for serious injuries). UM/UIM coverage protects you when the at-fault driver lacks adequate insurance to cover your damages. You pay for this coverage as part of your own auto policy, and you have a contractual right to recover under it. Insurance companies often resist UM/UIM claims as aggressively as they resist liability claims — having experienced legal representation is essential.
Nothing upfront. Advocates USA works on a contingency fee basis for all personal injury cases. You pay no retainer, no hourly fees, and no costs out of pocket while we work on your case. Our fee is a percentage of the settlement or verdict we obtain — and we only get paid if we recover for you. If we do not win, you owe us absolutely nothing. The percentage is established by your written engagement agreement and follows the Florida Bar’s contingency fee rules. This arrangement aligns our interests with yours and ensures top-tier legal representation is available regardless of your current financial situation.
It depends on the case. Straightforward matters with clear liability and defined injuries can settle in 3–6 months. Cases involving serious injuries, disputed liability, large damages, or insurance carriers that refuse to negotiate fairly can take 1–2 years or longer if trial becomes necessary. The most important factor is having a trial-ready attorney. Insurance companies settle cases faster and for more money when they know opposing counsel will actually go to court. Advocates USA is a genuine trial firm — we prepare every case as if it will go to trial.
Most personal injury cases settle without trial — usually because the insurance company eventually offers fair compensation rather than risk a jury verdict that could be larger. Settlement avoids the time, cost, and uncertainty of trial and gives you a guaranteed recovery. Trial is the legal proceeding where a jury (or judge) decides liability and damages. Trial is sometimes necessary when an insurance company refuses to offer fair compensation. Advocates USA negotiates from a position of strength because we prepare every case for trial — and we go to trial when that’s what your case requires.
Yes — Hablamos Español. Our entire team is fully bilingual. We represent injury victims throughout Palm Beach County and South Florida in Spanish, from the first phone call through the final settlement check. We handle cases involving language barriers with insurance carriers, hospitals, and police reports with complete attention to detail. We also represent undocumented workers — immigration status does not affect your right to compensation in Florida. Call (877) 872-4878 — we answer in your language.
Most personal injury cases settle without the client ever appearing in court. Your involvement is typically limited to communications with our team about your case, medical treatment, and possibly a deposition (a recorded out-of-court interview by the defense attorney). If your case proceeds to trial, you would testify at trial. Advocates USA prepares every client thoroughly for every step. You will never face the legal system alone — we manage the process and explain everything along the way.
Case value depends on multiple factors: severity and permanence of your injuries, medical treatment costs (past and future), lost wages and lost earning capacity, pain and suffering, the at-fault party’s degree of fault, available insurance coverage, and your jurisdiction. Advocates USA works with medical experts, life care planners, and economists to fully document every element of your damages — and we present that value comprehensively to the insurance company and, if necessary, to a jury.
(1) Call 911 and ensure a police report is filed. (2) Seek medical treatment the same day — Florida’s 14-day PIP deadline is absolute. (3) Document the scene with your phone: photos of vehicle damage, road conditions, skid marks, traffic signals, and injuries. (4) Exchange information with the other driver carefully — do not apologize or speculate about fault. (5) Decline to give a recorded statement to the other driver’s insurance company. (6) Call Advocates USA at (877) 872-4878 — we manage everything from there.
Rideshare insurance is tiered under Florida Statute 627.748. Period 1 (driver app on, no trip): minimum $50K/$100K/$25K. Period 2 (en route to pickup): $1 million liability. Period 3 (passenger in vehicle): $1 million liability plus UM/UIM coverage. The coverage available depends on which period was active at the moment of your crash — a fact we establish through the rideshare app’s GPS and trip records, secured within 24 hours of being retained. See our Uber & Lyft accident page for full details.
Commercial truck accidents involve multiple potentially liable parties — the driver, the trucking company, the freight shipper, maintenance providers, and equipment manufacturers. They are governed by both federal FMCSA regulations (49 CFR Part 395 hours-of-service) and Florida traffic law. Commercial insurance policies carry significantly higher limits than personal policies — often $1M to $5M or more. The truck’s electronic logging device (ELD) data can be overwritten in as few as 30 days — we send preservation demands within 24 hours of being retained. See our truck accident page.
No. Florida’s no-fault PIP system specifically excludes motorcycles. Injured motorcycle riders must pursue compensation directly from the at-fault driver’s bodily injury liability insurance. There is no automatic first-party coverage — making experienced legal representation essential from the start of every motorcycle injury claim. Riders 21 and older may legally ride without a helmet under Fla. Stat. 316.211 if they carry $10,000 in medical benefits coverage. See our motorcycle accident page.
Workers’ compensation under Florida Statute Chapter 440 provides medical treatment and partial wage replacement to injured employees regardless of fault — but it does not compensate for pain and suffering and caps wage benefits at 66.67% of your average weekly wage. A personal injury lawsuit against a third party (anyone other than your direct employer) can recover full damages including pain and suffering, full lost wages, and future costs. When your accident involved a general contractor, subcontractor, equipment manufacturer, or property owner, both claims should be pursued simultaneously. Our $4M work accident recovery came from a third-party claim against the general contractor.
In most cases, no — Florida’s workers’ compensation system is the exclusive remedy against your direct employer (Fla. Stat. 440). However, Florida law fully permits personal injury lawsuits against third parties — anyone other than your direct employer whose negligence contributed to your injury. General contractors, subcontractors, property owners, equipment manufacturers, and maintenance companies are common third-party defendants in work injury cases. These claims often produce far greater recoveries than workers’ comp alone. See our work accident page.
Yes. Florida’s workers’ compensation system does not distinguish between documented and undocumented workers. If you were injured on the job and your employer carries workers’ compensation insurance, you are entitled to the same medical treatment and wage benefits as any other worker. You also have the same right to file a third-party personal injury lawsuit. Advocates USA handles cases involving undocumented workers with complete confidentiality and full legal protection. Hablamos Español.
No — Florida is one of the strictest states in the country for dog bite liability. Florida Statute 767.04 imposes strict liability on dog owners for bites occurring in public or when the victim is lawfully on private property — regardless of the dog’s prior history. There is no “first bite free” rule. You do not need to prove the owner knew the dog was dangerous. The dog bit you, the owner is liable. Florida Statute 95.11(3)(a) gives you 4 years to file a dog bite claim. See our dog bite page.
Standard CT scans and conventional MRIs miss many traumatic brain injury patterns — including diffuse axonal injury, microhemorrhages, and white matter tract changes that are visible only on advanced neuroimaging like diffusion tensor imaging (DTI) or functional MRI. Insurance companies use a “normal scan” to deny TBI claims. Advocates USA works with neuropsychologists who perform standardized cognitive testing and neurologists who interpret advanced imaging to document your injury objectively. See our TBI page.
Under Florida’s Wrongful Death Act (Florida Statutes 768.16–768.26), the personal representative of the deceased’s estate files the lawsuit on behalf of all surviving family members. Surviving spouses, children, and parents are the primary beneficiaries. Surviving spouses recover lost financial support and companionship. Minor children recover for loss of parental companionship, instruction, and guidance — often a significant component of the total claim. The statute of limitations is 2 years from the date of death (Fla. Stat. 95.11(4)(d)). See our wrongful death page.
Florida Statute 768.0755 specifically governs slip and fall accidents in business establishments involving liquid or foreign substance on the floor. You must prove the business had “actual or constructive knowledge” of the dangerous condition and failed to fix it or warn customers. Constructive knowledge can be established by showing the substance was present long enough that a reasonable inspection should have discovered it. Surveillance footage is critical — and is typically overwritten within 48–72 hours. We send preservation demands within 24 hours. See our slip and fall page.
Two Level I Trauma Centers serve Palm Beach County: St. Mary’s Medical Center on 45th Street in West Palm Beach (northern and central county), and Delray Medical Center on Linton Boulevard in Delray Beach (southern county). For the western county (Wellington, Royal Palm Beach), Wellington Regional Medical Center handles initial trauma. For the Glades region, transport from Lakeside Medical Center in Belle Glade to St. Mary’s is typical. Your local police or paramedics will direct you to the closest appropriate facility. See our Palm Beach County hub for the full hospital list.
Government claims in Florida are governed by Florida Statute 768.28 — the Florida Tort Claims Act. Whether your accident involves a city (city police, city sidewalks), the Palm Beach County Sheriff (county roads), the Florida Department of Transportation (I-95, US-1, SR-80), or the Palm Beach County School District, specific notice requirements apply that can be much shorter than the standard 2-year statute of limitations. Sovereign immunity also caps certain government damages. Call us immediately — these government notice deadlines are absolute.
Yes. Attorney Marcos Gonzalez has practiced from Greenacres for over 20 years and represents injury victims in every one of the county’s 39 incorporated cities, towns, and villages — and every unincorporated community. From Jupiter and Tequesta in the north, to Boca Raton in the south, to the Glades agricultural communities of Belle Glade and Pahokee in the west. Our office is within 45 minutes of any community in Palm Beach County. See city-specific pages at our hub.
Call Advocates USA for a free, confidential case evaluation. 24/7, English and Spanish. No fees unless we win.
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