Florida Personal Injury Lawsuits: When Is Your Accident Serious Enough?

Car accidents, slip and falls, and other personal injury incidents can disrupt your life in an instant. But not every accident leads to a lawsuit. In Florida, the decision to file a personal injury lawsuit depends on several factors, including the severity of the injury, financial losses, and who was at fault.

If you’re wondering whether your case is serious enough to justify legal action, this guide will help you understand what qualifies — and when it’s time to speak to a personal injury attorney in Florida.

What Determines the Seriousness of an Accident in Florida?

In Florida, the seriousness of an accident is generally judged by:

• Extent of physical injuries

• Financial damages (medical bills, lost income, etc.)

• Long-term impact on your life

• Negligence or recklessness of the other party

Each of these elements contributes to whether a lawsuit is justified and how likely it is to result in compensation.

Florida’s Injury Threshold for Car Accident Lawsuits

Florida is a no-fault insurance state. This means that after a car accident, your own Personal Injury Protection (PIP)insurance pays for your medical treatment and lost wages — regardless of who was at fault.

However, you can only step outside the no-fault system and sue the at-fault party if your injuries meet the “serious injury threshold” under Florida law.

What Counts as a Serious Injury in Florida?

According to Florida Statutes § 627.737, you can file a lawsuit only if your accident resulted in:

• Significant and permanent loss of an important bodily function

• Permanent injury within a reasonable degree of medical probability

• Significant and permanent scarring or disfigurement

• Death

If your injuries do not meet this threshold, your compensation will be limited to your PIP coverage (typically capped at $10,000).

For Non-Vehicle Accidents: Slip and Falls, Premises Liability, and More

Florida’s no-fault threshold applies only to car accidents. For other types of personal injury incidents—like slip and falls, dog bites, negligent security, or product liability—you are not required to meet any threshold to file a lawsuit.

Instead, you need to prove:

• Negligence — that someone else was careless

• Causation — their actions directly caused your injuries

• Damages — you suffered real harm (physical, emotional, or financial)

Even “minor” accidents can justify a lawsuit if they result in medical bills, lost income, or long-term pain.

Common Examples of When a Lawsuit Is Justified

You may be justified in filing a personal injury lawsuit in Florida if:

• You suffered broken bones or a concussion after slipping in a grocery store

• A distracted driver rear-ended you and you now have back injuries

• A property owner failed to repair a hazardous condition, and you fell

• You were attacked in a poorly lit or unsecured area of a commercial building

• You lost a loved one due to someone else’s negligence (wrongful death)

If your injuries have led to significant medical expenses, time off work, or long-term suffering, you may have a valid claim.

Is Filing a Lawsuit Always the Best Option?

Not always. In many cases, personal injury claims are resolved through insurance settlements without the need for court. A skilled attorney can often negotiate a fair settlement based on the evidence and medical records.

However, if:

• The insurance company denies liability

• The offer doesn’t cover your full losses

• There is a dispute about who caused the accident

• You are permanently disabled or severely injured

Then filing a lawsuit may be the best (or only) path to full compensation.

What Damages Can You Claim in a Florida Personal Injury Lawsuit?

If your case qualifies for a lawsuit, you may be eligible to recover:

• Medical expenses (past and future)

• Lost wages and loss of future earning capacity

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Permanent disfigurement or disability

• Punitive damages (in rare cases)

An experienced Florida personal injury lawyer can help assess your claim’s value.

Time Limits: Don’t Wait Too Long

Florida law sets strict time limits for filing personal injury lawsuits. As of recent legislative changes, the statute of limitations is:

• 2 years from the date of the injury for most personal injury cases (previously 4 years)

• 2 years for wrongful death claims

• Some exceptions apply, depending on the nature of the case

Failing to file within this timeframe could permanently bar you from receiving compensation.

Why You Should Consult a Personal Injury Attorney in Florida

Every accident is different, and it’s not always easy to tell if your case is “serious enough.” Speaking to a South Florida personal injury attorney can help you:

• Understand whether your injuries meet legal thresholds

• Gather and preserve evidence

• Negotiate with insurance companies

• File the correct paperwork and meet deadlines

• Determine whether settlement or trial is the right option

Mark Schiffrin P.A. – Helping Injured Victims in South Florida Since 1983

As a seasoned personal injury lawyer based in South Florida, I have been helping clients navigate personal injury claims for over 30 years. At Mark Schiffrin P.A., I take a hands-on, one-on-one approach — you work directly with me, not a paralegal or junior associate. I do not operate on contingency fees, and I’m transparent about costs from the start.

If you’re unsure whether your accident is serious enough to file a lawsuit, contact me today for a free consultation. Together, we’ll determine your best path forward.