Do I need a personal injury lawyer? When to hire one

You likely need a personal injury lawyer if someone else caused your injury and you needed medical care, missed work, or the insurance company is delaying, denying or lowballing your claim. In Florida you generally have two years to file a negligence lawsuit, and the free case review costs nothing, so it's worth asking early.

If you only had a scrape, your car was the only thing damaged, and the insurer paid you fairly and fast, you may not need one. Most people fall somewhere in between. This guide walks through how to tell the difference.

Seven signs you need a personal injury lawyer

1. Someone else caused your injury

A case starts with fault. If you slipped on milk you spilled in your own kitchen, there's no one to hold responsible. If you slipped on a spill a grocery store employee knew about and never cleaned up, that's different. The same goes for crashes: if a distracted driver rear-ended you at a red light, their insurance should answer for your losses.

Fault isn't always obvious. Insurance companies often argue that you share the blame, because under Florida's comparative negligence law, any percentage of fault assigned to you reduces what you can recover. Since 2023, if you're found more than 50% at fault, you can't recover damages from the other side at all. A lawyer's first job is often gathering the evidence that shows what really happened.

2. You needed medical care

People tend to think lawyers are only for catastrophic injuries. But any injury that needs treatment creates bills, and those bills add up fast: the ER visit, imaging, follow-ups, physical therapy, prescriptions.

After a car crash, Florida's personal injury protection (PIP) coverage pays only part of those costs, and only if you get care within 14 days. We explain how that works in what personal injury protection covers in Florida.

3. You don't know yet how bad the injury is

A few days after an accident, you can't know what your treatment will cost. Back and neck injuries in particular can take weeks to show their full effect. Insurance companies know this, which is why early offers often arrive before you've finished seeing doctors.

Once you accept a settlement, the claim is closed. If you need surgery six months later, that offer doesn't reopen. A lawyer will usually advise waiting until your doctors have a clear picture of your recovery before you agree to anything.

4. The evidence could disappear

Store security footage gets recorded over. Skid marks fade. Witnesses move or forget details. Vehicles get repaired or scrapped. A lawyer knows what to request and how to preserve it before it's gone, including formal letters asking businesses and trucking companies to keep their records.

5. The insurance company is being difficult

Watch for these warning signs:

• Calls and emails go unanswered for weeks.
• An adjuster asks you for a recorded statement about the accident or your health.
• You're asked to sign a broad medical records release.
• The first offer arrives quickly and seems low.
• The insurer says your injuries were caused by something else, like an old condition.

Adjusters are trained to keep payouts down. That's their job. Anything you say in a recorded statement can be used to reduce your claim, so it's reasonable to talk to a lawyer first.

6. You've missed work or can't do your job

Lost wages are part of your claim, and so is lost earning ability if your injury limits the work you can do in the future. Proving those losses takes pay records, employer statements and sometimes medical opinions about your limits. It's easy to leave money on the table without help.

7. The claim has become too much to handle

Even a simple claim means tracking bills, dealing with multiple insurers, keeping up with treatment and answering calls, all while you're hurt. If the process is taking over your life, that alone is a good reason to get help. The other side has a team. You can too.

When you might not need a lawyer

Not every accident needs a lawyer. You can usually handle it yourself when:

• No one was hurt. A property-damage-only claim for your car is often straightforward.
• The injury was minor and fully healed within a few days, with little or no medical care.
• The insurer accepted fault and paid fairly, and you understand exactly what you're signing.

If you're unsure, a free case review answers the question without any commitment. Sometimes the honest answer is that you don't need us, and we'll tell you that.

Handling it yourself vs. hiring a lawyer

What does a personal injury lawyer cost?

Most personal injury lawyers in Florida, including our firm, work on a contingency fee. That means:

1. You pay nothing up front and nothing by the hour.
2. The fee is a percentage of what we recover for you.
3. If there's no recovery, you owe no fee.

Florida Bar rules require contingency fee agreements to be in writing, cap the percentage a lawyer can charge, and give you a written statement of your rights as a client. That statement includes the right to cancel the agreement within three business days of signing. Ask any lawyer you're considering to walk you through their agreement line by line. We do this at every first meeting.

How soon should you call?

As soon as you've gotten medical care. Calling early protects evidence, keeps you from making statements that hurt your claim, and makes sure the deadlines are covered. For most negligence cases in Florida, including car crashes and slip-and-fall injuries, you generally have two years from the date of the injury to file a lawsuit. That deadline was shortened from four years in March 2023, and some claims, like those against government agencies, have shorter notice requirements.

When you call Sunshine State Law Firm, a real person answers, in English or Spanish. You can see who handles cases on our attorneys page, and the kinds of injuries we take on in how we can help.

Frequently asked questions

Can I talk to the insurance company before I hire a lawyer?

You can report the accident to your own insurer, and you should. Be careful with the other driver's insurer. You don't have to give them a recorded statement, and it's wise to speak with a lawyer before you do. Stick to basic facts and don't guess about your injuries.

Is it too late to hire a lawyer if I already started the claim?

Usually not. Many clients call us after weeks of back-and-forth with an adjuster. As long as you haven't signed a release or accepted a final settlement, a lawyer can step in and take over communication from there.

Will my case go to court?

Most personal injury claims settle without a trial. But insurers tend to offer more when they know your lawyer is prepared to file suit and go to trial if needed. Your lawyer should explain the options at each step so you make the call.

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If someone else's carelessness hurt you, you don't have to figure this out alone. A free case review tells you where you stand, what your claim may involve and what happens next, with no pressure and no fee unless we recover for you.