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How Do Insurance Claims Work in Florida?

Insurance claims handle the bulk of all personal injury compensation in Florida. Without these claims, negligent drivers, property owners, and many more would be subject to crippling financial liability, and the court systems would become clogged with disputes. 

Ultimately, most personal injury claims are based on a right to sue in court and end up there if the insurance process fails to obtain a resolution. 

Future Negligence and Wrongful Acts

Whether it’s homeowners or car insurance, a policy insures future acts of unlawful or negligent actions. Policyholders pay premiums each month to insurance companies in expectation of coverage for future injurious mistakes. 

Right to Sue

Insurance coverage is based on an injured person’s right to sue. Without a threat of a lawsuit, negligent and unlawful parties would never purchase insurance. 

This right to sue, which must be pursued within two years in Florida, allows plaintiffs to seek to recover various damages in the form of money. Insurance companies insure defendants against these damages, paying them off before the plaintiff files a lawsuit.


Obviously, insurance companies would love to deny every claim they receive, but they realistically can not. They can and do, however, often pay less than they should, except when an experienced personal injury attorney is involved. 

Insurance offers made without the benefit of negotiation are invariably below par and remain there without the services of an experienced lawyer. 

PIP Insurance

For car accident insurance, Florida’s personal injury protection (PIP) insurance comes into play. It automatically covers up to 80% (60% lost wages) of your economic damages up to $10,000, without regard to fault. 

For car accident victims who experience certain severe injuries or disabilities, significantly more compensation is available through a personal injury claim

No matter the type of insurance claim, injury victims with experienced personal injury attorneys typically end up with significantly higher settlements and verdicts than claimants who have no attorneys.  

A Personal Injury Lawyer Can Help 

Contact Shrader, Mendez & O’Connell for a free consultation and help getting the most out of your insurance claim. Call 813-360-1529 today.

Posted in Insurance Claim