Hold Negligent Drivers Accountable And Get Compensation

Last updated on September 8, 2026

Many car accidents occur because one driver did not pay attention to the road or did not drive with reasonable care. Negligent drivers are accountable for the damages they cause to other drivers. Florida’s no-fault insurance law makes it relatively easy to recover a small amount of compensation without having to prove fault, but obtaining more substantial compensation to deal with a serious injury is not so simple.

The West Palm Beach personal injury lawyers at Pincus & Currier LLP pursue civil claims against negligent drivers and use their litigation skills and experience to achieve significant settlements or jury verdicts on behalf of our clients.

Florida No-Fault Claims And The Serious Injury Threshold

After an accident, your Personal Injury Protection (PIP) provides up to 80% of your medical expenses and 60% of your lost income up to $10,000. You don’t have to prove another driver was at fault in order to receive PIP benefits, but they do not fully compensate you. However, if your injuries qualify as a “serious injury” under the Florida no-fault law, then you can pursue a claim for the full amount of your damages. Our lawyers can examine your case for free and determine whether you have serious injuries under the Florida no-fault law.

Car Accident Statistics And Facts

The data from regional safety reports show that thousands of accidents occur annually in Florida, often stemming from distracted driving or failure to yield the right of way. Utilizing seatbelts and modern vehicle technology significantly reduces the likelihood of fatal injuries during a crash, yet serious injury cases still require a firm with a proven record of success.

We analyze these statistics to understand how common causes influence average settlement and verdict amounts in our region.

Injuries From Car Accidents

Securing proper legal representation is vital when you face the following types of significant physical and emotional trauma:

• Severe physical damage: This includes traumatic brain injuries, spinal cord damage and internal organ injury that requires long-term medical care.
• Soft tissue and emotional harm: We represent victims suffering from whiplash, broken bones and psychological conditions like PTSD following a collision.

Including these details in your claim is the first step toward a recovery that reflects the true scope of your losses. Our courtroom litigators use their extensive background to help ensure every medical detail is documented to support your claim.

What To Do After A Car Accident

After an accident:

• Seek medical attention immediately: This protects your health and creates a clear record.
• Report the accident: A formal report provides an objective account that becomes key evidence moving forward.
• Gather evidence: Photos and witness details help preserve important facts.
• Avoid admitting fault: Statements at the scene can be used against you. It is best to keep communication brief and factual.

Finally, call Pincus & Currier LLP. The faster you act, the faster we can move to secure important evidence and protect your interests.

Compensation For Car Accident Victims

A well-developed claim accounts for the full impact of your losses, including:

• Medical expenses: This covers current treatment and future care. Your ongoing needs must be clearly established.
• Lost income: Time away from work affects your financial stability. Any reduced earning ability must also be considered.
• Pain and suffering: Physical pain and daily limitations are part of your damages. The consequences on your life should not be minimized.
• Property damage: Vehicle repair or replacement costs must be included. Supporting proof is essential.

Although rare, punitive damages may also apply in cases involving reckless driving. Our firm builds claims that reflect the true impact of an accident. This approach helps obtain fair and meaningful recovery of damages for our clients.

How Our Personal Injury Attorneys Can Help

If pursuing a negligence claim against the at-fault driver, you have the burden to prove the elements of your case, including the other driver’s fault in causing the accident and your injuries, and the nature and extent of your injuries. You must also guard against defense allegations claiming that you do not have serious injuries, that your injuries did not result from the accident or that your own negligence caused the accident.

Our experienced courtroom litigators know how to prepare and present a strong and persuasive case to prove the facts of your claim. We will marshal the facts to support a fair and reasonable settlement. We will also litigate your matter all the way to a jury verdict.

Frequently Asked Questions About Florida Car Accidents

Car accidents create unexpected challenges that require quick decisions and careful documentation. Here, we answer several common questions our office received after a Florida vehicle accident.

Should I call the police after a minor car accident?

In most cases, yes, especially after any crash that involves injuries, death or significant property damage. Florida law also requires a report when a vehicle must be towed away or when a driver appears impaired. Even minor collisions benefit from an official report because insurers rely on verified details when evaluating claims.

Officers can document statements, identify hazards and record any visible damage. A report also helps preserve important facts that may become disputed later. Calling the police helps ensure that circumstances are recorded in a neutral and reliable manner.

What information should I collect at the scene of an accident?

You should gather essential details that help confirm what happened and support your claim. Useful information includes:

• Driver identification: Collect names, addresses and contact numbers
• Insurance information: Record insurer names, policy numbers and coverage details
• Vehicle information: Note license plates, vehicle identification numbers and vehicle descriptions
• Scene documentation: Photograph vehicle damage, road conditions and traffic controls
• Witness information: Obtain names and contact details from anyone who saw the crash

These pieces of evidence help establish fault, confirm losses and support accurate insurance evaluations. A complete record strengthens your position during the claims process while reducing the risk of disputes.

How long do I have to file a car accident claim in Florida?

Most Florida car accident lawsuits must be filed within two years of the crash date, including claims involving injuries caused by another driver’s negligence. Accident claims that target government entities typically have shorter deadlines and special notice requirements. The involved insurance policies may also require prompt reporting, and delays may affect coverage.

Missing a deadline can prevent recovery, so early review of your situation is important. Timely action also helps preserve evidence, secure witness statements and document injuries before records become difficult to obtain.

What if I were partially at fault for the car accident?

Florida follows a “modified comparative negligence” rule in many motor vehicle accident cases. This means that if you were partially responsible for the crash, you may still recover compensation, but your percentage of fault reduces the amount you receive. For example, if a judge finds you 20% at fault, the reduction in your total compensation amount will be 20%.

However, Florida law places an important limit on recovery. If a judge finds you to be 51% at fault for the crash, the law bars you from recovering damages from the other party. Because fault determinations can have a major impact on your case, it is crucial to gather evidence early, including police reports, witness statements, media footage and medical records, to help protect your claim.

How long does a car accident lawsuit take to settle in Florida?

If your crash injuries meet Florida’s “serious injury” threshold, you can sue the at-fault driver to pursue compensation for pain and suffering and other damages that are not available through your PIP insurance.

The timeline often depends on several factors, including the severity of your injuries, how long your medical treatment continues, whether fault is contested, the amount of available insurance coverage, and whether the other party’s insurance company is willing to negotiate in good faith. Cases may move more quickly when liability is clear and the medical evidence is straightforward.

What is the difference between a car accident claim and a lawsuit?

A claim is usually the first step. It is a request for compensation made to an insurance company, often through the at-fault driver’s insurer or your own PIP insurer.

A lawsuit is a formal case that someone files in court when a claim cannot be resolved through negotiation. In a Florida car accident lawsuit, you are asking a judge or jury to determine liability and damages.

What medical expenses can I recover after my car crash?

In Florida, your first source of recovery after a car accident is your own PIP benefits. Florida PIP typically covers 80% of reasonable and necessary medical expenses and 60% of lost wages, up to the policy limit, which is usually $10,000 if the insured qualifies for full PIP benefits.

Your PIP insurance’s medical benefits can cover doctor visits, hospital bills, surgery, diagnostic testing such as X-rays or MRIs, dental work, prescription medications, rehabilitation and nursing care.

What if the other driver does not have insurance?

You may still pursue compensation through your own policy if you purchased uninsured motorist coverage. This type of coverage applies when the at‑fault driver has no insurance or leaves the scene without providing information. However, you must show that the other driver caused the crash and that your losses fall within the scope of your policy.

Evidence such as photos, medical records and witness statements helps support these claims and prompt notice to your insurer may be required. Early documentation can help prevent disputes about coverage, fault and the extent of your injuries.

What is uninsured/underinsured motorist coverage?

Uninsured motorist coverage provides compensation when the at‑fault driver has no liability insurance. Underinsured motorist coverage applies when the other driver has insurance but not enough to cover your losses. UM and UIM coverage may pay for medical expenses, lost income and other damages that exceed available liability limits.

These claims require proof of fault, proof of damages and proof that the other driver’s coverage is insufficient. UM and UIM benefits are optional in Florida, so you must confirm whether your policy includes them. This coverage can provide important protection in serious injury cases where losses exceed the basic limits.

Should I accept the insurance company’s first settlement offer?

Probably not. Initial settlement offers often reflect the insurer’s lowest valuation of the claim. This means it may not account for your future medical needs, reduced earning capacity or the long‑term effects of the injury. You should review the offer carefully and compare it to your documented losses.

Updated medical records, wage information and expert evaluations may support a higher value. Additionally, a structured negotiation may help ensure all damages are considered before you accept any offer. Insurers may also revise their position when presented with stronger evidence or clearer documentation that supports a higher assessment.

How is fault determined in a car accident case?

Fault for a crash is determined through a review of evidence that shows how the crash occurred. Important factors include:

• Crash reports: Officers document statements, observations and contributing factors
• Physical evidence: Photos, vehicle damage and road markings help show impact points
• Witness statements: Independent accounts help clarify disputed events
• Traffic laws: Violations such as speeding or failing to yield may indicate negligence
• Expert analysis: Specialists may evaluate vehicle data or reconstruct the crash

It is important to note that Florida uses a modified comparative negligence rule. Under this rule, you may recover damages if you were not more than 50% responsible for the crash, but your compensation will be reduced by your percentage of fault. Accurate evidence and experienced guidance can help establish a fair assessment of fault and support a stronger claim.

Can I sue for pain and suffering after a car accident?

You may seek compensation for pain and suffering after a Florida car accident when your injuries meet the state’s serious injury standard. The law looks at whether the crash caused a lasting injury, major loss of bodily function or significant scarring or disfigurement. Your medical records can show how the injury affects your movement, comfort and routine. Because PIP benefits do not cover pain and suffering, meeting this threshold can allow you to pursue damages beyond your no-fault benefits.

What should I NOT say to the insurance company after an accident?

You should avoid guessing about how the crash happened or admitting that you caused it. You should also avoid minimizing your symptoms before a doctor evaluates you. Insurance adjusters may compare your statements with medical records, crash reports and other evidence, so an inaccurate comment can create problems later. Keep your answers brief and factual. You should also review any release or settlement before signing because payment may end your right to seek more compensation.

What if I was injured in a hit-and-run accident?

If the other driver leaves the scene, call the police and get medical care promptly. Then document the crash by taking photos, identifying witnesses and reporting the accident to your insurer. Your PIP coverage may help with expenses and lost wages even when police cannot identify the driver. If your policy includes uninsured motorist coverage, you may have another source of compensation. Prompt reporting and clear records can support your claim and answer questions about the crash.

How is the value of my car accident case determined?

The value of your case depends on the harm you suffered, the evidence available and the insurance coverage involved. Medical expenses and lost wages help measure your losses, while your diagnosis and expected recovery can show whether you may need future care or face lasting limitations. Fault also affects value because Florida law can reduce your recovery when you share responsibility for the crash. A case review should consider both your immediate losses and the ways your injuries may continue to affect your health, work and everyday life.

Contact Pincus & Currier LLP For Help After A Serious Car Accident

If you have been injured in a car accident in West Palm Beach or surrounding areas, contact Pincus & Currier LLP. Call 561-485-4291 or send us an email for a free consultation about your potential claims. We accept personal injury cases on a contingency basis, meaning we will not charge any fee unless and until we recover compensation for you.