---
title: "Florida Personal Injury FAQ | Hancock Injury Attorneys"
description: "Answers to common Florida injury questions: fees, PIP, filing deadlines, fault, insurance adjusters and what your claim may include. Call (813) 915-1110."
url: "https://novacock.carlosarias.com/faq"
---

FAQ

# Answers to Your Injury Questions

Straight answers about Florida injury claims, insurance companies, deadlines and what it is like to work with our firm.

  [Call (813) 915-1110](tel:+18139151110) [Free Case Consultation](/contact/)

Most of our clients have never been through an injury claim, so questions are normal. We have gathered the ones we hear most often, from how our fees work to what Florida's no-fault and comparative fault laws mean for you.

These answers are general information about Florida law, not legal advice for your specific situation, and every case is different. Deadlines and insurance rules can be shorter or more complicated than they first appear. If your question is not answered here, or you want to know how the law applies to your case, call (813) 915-1110 any time or contact us for a free consultation.

## Getting Started

  What should I do right after an accident?

Get medical care first, and call 911 if anyone is hurt. If you can do so safely, photograph the scene, the vehicles or hazard and your injuries, collect contact and insurance information, and get the names of any witnesses. Report the incident to the police or the property owner, keep every medical record and bill, and talk with a lawyer before giving a recorded statement to any insurance company. Our guide on what to do after an accident walks through each step.

  Do I need a lawyer for my injury claim?

Florida law does not require you to hire one, and some minor claims can be handled on your own. But insurance adjusters are trained to keep payouts low, and a lawyer can gather evidence, find every insurance policy that may apply, calculate your full damages, and negotiate or go to court when needed. A free consultation is the easiest way to find out whether hiring a lawyer makes sense for you.

  What kinds of cases do you handle?

We represent people injured by someone else's negligence, including car, truck, motorcycle, pedestrian, bicycle, boat and golf cart accidents, slip and falls, catastrophic injuries and wrongful death. We also handle insurance disputes connected to those injuries. See our practice areas, or call us and we will tell you honestly whether we can help.

  How long will my case take?

Every case is different. Some claims resolve in a few months, while cases that require a lawsuit can take a year or longer. Timing depends on the severity of your injuries, when your treatment is complete, how the insurance company negotiates and the court's schedule. We generally avoid settling before the full extent of your injuries is known, so you are not left paying for future care yourself.

  Can I sue someone from another state for an injury that happened in Florida?

Often, yes. Florida courts can generally hear injury cases against out-of-state drivers or companies when the accident happened here, as long as the court has jurisdiction over the defendant. These cases can involve extra steps, such as serving legal papers in another state, so it helps to talk with a lawyer early.

## Costs & Fees

  How much does it cost to hire Hancock Injury Attorneys?

Nothing up front. We handle 100% of our cases on a contingency fee: our fee is a percentage of what we recover for you, and if there is no recovery, you owe no attorney's fee. Florida Bar rules (Rule 4-1.5) cap these fees; typically the limit is 33⅓% of a recovery up to $1 million if the case resolves before the defendant answers or arbitration is demanded, and 40% after that through trial. You sign a written fee agreement and receive a "Statement of Client's Rights" before we begin. Learn more about how much a lawyer costs.

  Who pays the costs of my case?

We advance them. Building a case costs money for things like medical records, filing fees and the professionals who help prove your damages, and we pay those costs as the case moves forward. If we do not obtain a recovery, we do not hold you responsible for them. We never charge a "file set-up fee" or vague administrative costs, and your written fee agreement explains exactly how costs are handled.

  Could my lawyer end up with more money than me?

Not with us. Medical bills and other obligations can eat into a settlement, so we made a promise: unless there are extenuating circumstances, if you would receive less than our standard fee, we reduce our fee so that you take home more than we do.

  Is the consultation really free?

Yes. Case consultations are always free and come with no obligation to hire us. We can talk by phone, meet at your home, or connect by email, FaceTime or Zoom, on weekdays or weekends. Even if we cannot take your case, we will give you honest guidance about your options.

## Car Accidents

  Why do I have to use my own insurance if the crash wasn't my fault?

Florida is a no-fault state. Drivers must carry $10,000 in Personal Injury Protection (PIP), and your own PIP pays first toward your medical bills and lost wages no matter who caused the crash. You can still pursue the at-fault driver for losses PIP does not cover, and for pain and suffering if your injury meets Florida's legal threshold.

  What does PIP cover, and is there a deadline to use it?

PIP generally pays 80% of reasonable medical expenses and 60% of lost income, up to your $10,000 limit (section 627.736, Florida Statutes). To use PIP, you must get initial medical treatment within 14 days of the crash. Benefits can also be limited to $2,500 unless a qualified medical provider determines you had an emergency medical condition, so get checked out promptly even if you feel fine.

  Can I recover pain and suffering after a car accident in Florida?

Yes, in the right case. Under Florida's no-fault law (section 627.737), you can recover pain and suffering damages from the at-fault driver if you suffered a threshold injury, such as a permanent injury, significant and permanent scarring or disfigurement, or a significant and permanent loss of an important bodily function. Proving that threshold depends on solid medical documentation, which is one reason consistent treatment matters.

  What if the driver who hit me has no insurance, or drove away?

Uninsured/underinsured motorist (UM/UIM) coverage is optional in Florida (section 627.727), but if you have it, it can step in when the at-fault driver has no insurance, too little insurance, or cannot be found after a hit-and-run. Your PIP still applies to your medical bills and lost wages. We review every policy that may provide coverage, including policies in your household.

  Do I have to report a car accident?

Florida law (section 316.065) requires drivers to report a crash that involves injury, death, or apparent property damage of $500 or more. Calling law enforcement creates an official record of the scene, the drivers and the witnesses, which can become important evidence. If police did not come to the scene, you may still have a claim, so talk with us about next steps.

  I was hit while walking or riding a bike. Who pays my medical bills?

In many cases, your own PIP coverage, or the PIP of a relative you live with, pays first, even though you were not in a car. You can also bring a claim against the at-fault driver's bodily injury liability coverage, and your uninsured motorist coverage may help if that driver has little or no insurance. If you have no PIP available, we will look for every other source of coverage.

## Insurance Companies

  Should I talk to the other driver's insurance adjuster or give a recorded statement?

Talk with a lawyer first. The adjuster works for the insurance company, and their job is to keep the payout as low as possible. Anything you say, even a polite "I'm fine," can be used to question your injuries or shift blame to you. You generally are not required to give the other driver's insurer a recorded statement, and once you hire us, we handle those communications for you.

  Should I accept the insurance company's first offer?

Not without advice. Early offers often arrive before anyone knows the full extent of your injuries, and once you accept and sign a release, you generally cannot reopen the claim if your condition gets worse. In one rear-end car accident case, the insurer offered $250,000 and the case settled for $850,000. Past results do not guarantee a similar outcome.

  Will a pre-existing condition hurt my claim?

Not necessarily. Insurers often blame pain on an old injury or normal wear and tear, but Florida law allows you to recover for the aggravation of a pre-existing condition caused by an accident. Your medical history, including how you were doing before the crash, helps show what changed. Be upfront with us and your doctors about prior injuries so we can address them directly.

  How does your insurance defense background help me?

Before founding our firm in 1996, Mike Hancock defended insurance companies such as Allstate, State Farm and Geico. He learned how insurers evaluate claims, which arguments they rely on to lower a claim's value, and what documentation persuades them. We use that insight to build your case around the questions the insurance company is going to ask.

## Your Claim & Compensation

  What compensation can I recover?

Depending on your case, damages can include past and future medical expenses, lost wages and reduced earning ability, property damage, rehabilitation costs, and non-economic losses such as pain and suffering, mental anguish and loss of enjoyment of life. In car accident cases, recovering pain and suffering from the at-fault driver requires a threshold injury under Florida's no-fault law.

  How much is my case worth?

No honest lawyer can give you a number at the first meeting. Value depends on how serious your injuries are, your medical costs now and in the future, your lost income, how the injury affects your daily life, who was at fault, and how much insurance coverage is available. We evaluate these factors once your medical picture is clear and explain our reasoning to you.

  What does "maximum medical improvement" (MMI) mean?

MMI is the point at which your doctor determines your condition has stabilized and is unlikely to improve significantly with more treatment. It matters because it is usually when your future medical needs and any permanent injury can be documented. Settling before then risks leaving future costs uncovered.

  What is loss of consortium?

Loss of consortium is a claim for the loss of companionship, affection and support that an injury causes in a close relationship, most often brought by the injured person's spouse. It recognizes that a serious injury affects the whole family, not just the person who was hurt.

  Will my case go to trial?

Most injury cases settle without a trial, after a thorough investigation and negotiation. If the insurance company will not offer fair compensation, we file a lawsuit, which may involve depositions, mediation and, if needed, a trial. We prepare every case as if it could go to court, and we will give you a straight answer about whether trial makes sense in yours. See how the legal process works.

## Deadlines & Florida Law

  How long do I have to file a personal injury lawsuit in Florida?

For most negligence claims arising on or after March 24, 2023, Florida generally allows two years to file a lawsuit (section 95.11, Florida Statutes); before that change, the limit was four years. Exceptions exist and some deadlines are shorter. Claims against government entities, for example, require written notice before a lawsuit can be filed. Call us promptly so evidence is preserved and no deadline is missed.

  What is the deadline for a wrongful death claim?

Florida generally allows two years from the date of death to file a wrongful death lawsuit. Exceptions can apply, and claims involving government entities have additional notice requirements, so it is wise to speak with a lawyer as soon as your family is able.

  What if I was partly at fault for the accident?

You may still recover. Florida follows modified comparative negligence (section 768.81): your compensation is reduced by your percentage of fault, and if you are found more than 50% at fault, you generally cannot recover. For example, if you are found 20% at fault, your recovery is reduced by 20%. This rule does not apply to medical negligence claims, and because insurers often try to push more blame onto you, careful investigation matters.

  Who can file a wrongful death claim in Florida?

Under Florida's Wrongful Death Act (sections 768.16–768.26), the claim is brought by the personal representative of the deceased person's estate, on behalf of the estate and the survivors. Survivors can include the spouse, children, parents, and certain relatives who depended on the deceased for support. Learn more about wrongful death claims.

  What do I need to prove after slipping in a store?

If you slipped on a "transitory foreign substance" such as a spilled drink or leaking freezer in a business, Florida law (section 768.0755) requires you to prove the business had actual or constructive knowledge of the dangerous condition and should have fixed it. Constructive knowledge can be shown if the hazard was there long enough that the business should have found it, or if the condition happened regularly. That is why photos, witness names and an incident report matter.

## Working With Our Firm

  Will I actually meet with an attorney?

Yes. When you come in, you meet with attorney Mike Hancock, not a paralegal or an investigator, and he stays involved in every part of your case. Attorneys Claire Hancock and Matias Cordoba and our case managers work alongside him and update you regularly in plain English. Meet the team.

  Do I have to come to your office?

No. We meet clients wherever is easiest: by phone, at your home, or by email, FaceTime or Zoom, on weekdays or weekends. If you prefer to meet in person, we have offices in Tampa, Wesley Chapel and Spring Hill.

  Do you help clients outside Tampa?

Yes. With offices in Tampa, Wesley Chapel and Spring Hill, we serve clients in Hillsborough, Pasco, Hernando, Pinellas and Citrus counties and throughout Florida. See the communities we serve.

  Can I get help in Spanish?

Yes. Donna Escoto, our legal assistant, is fluent in Spanish and English and can help Spanish-speaking clients and family members communicate with our team.

  What happens if you can't take my case?

We will still give you an honest answer. When you call, you speak with someone who listens and gives you real guidance, even if your case is not one we can take. Where it makes sense, we will point you toward other resources or lawyers who may be able to help.

Here when you need us

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