Vero Beach Personal Injury Lawyer

Florida Cut the Deadline in Half for Many Personal Injury Cases:  In General, You Now Have Two Years

For decades, Florida gave injured people four years to file a negligence lawsuit.  In March, 2023, the Florida Legislature adopted the two-year statute of limitations for most personal injury cases based on negligence, although there are certain  exceptions.  Unfortunately, many people still rely on the old rule concerning the statute of limitations.  But if you miss the statute of limitations’ deadline, then your claim may be gone–no matter how serious the injury or how clear the fault.

Two years sounds like a long time, but it is not.  Investigating a claim, gathering medical records, finishing treatment, and negotiating with an insurance company routinely consumes a significant period of time.  The cases that settle well are almost always cases thoroughly prepared for trial.

How Fault Works in Florida Now

The 2023 Florida law that changed the statute of limitations, also changed how  fault is determined in almost every injury case.

• Under Florida Statutes, the state generally follows a modified comparative negligence system for personal injury cases, but there are exceptions concerning certain type cases.  In many cases, if you are more than 50 percent at fault, then you recover nothing.  Under the modified comparative negligence theory, if a jury finds you partly responsible, your recovery is reduced by your share of the blame.  If your share is more than half, you get nothing at all.  That makes the insurance company’s favorite argument, that the accident was really your fault, far more dangerous than it used to be.

Personal Injury Cases We Handle in Indian River County

• Vehicle accidents, including no-fault (PIP) claims, uninsured motorist claims, and claims against vehicle owners and employers
• Motorcycle, pedestrian, and bicycle accidents
• Truck and commercial vehicle accidents
• Boating and watercraft accidents on the Indian River Lagoon, the Sebastian Inlet, and offshore
• Dog bites
• Injuries caused by government vehicles or property

What to Do in the First Days After an Injury

1. Get medical care, and say exactly what hurts.  Gaps in treatment and symptoms that never made it into the chart are the first things an insurer points to.  After a vehicle crash, Florida’s no-fault coverage generally requires initial treatment within 14 days.
2. Report it.  Call law enforcement after a crash although sometimes the police will not come to the accident location.  Ask for a copy of the police report or the report number.
3. Photograph everything.  The scene, the vehicles or boat, and your injuries.
4. Get names and numbers. Witnesses, employees, the other driver or boat operator, and every insurance company involved.
5. Do not give a recorded statement to the other side’s insurer.  You have no obligation to and nothing you say will help you.
6. Stay off social media about the injury.  Insurers look for photos and posts that seem to contradict your injuries.
7. Keep every bill, receipt, and record of missed work.  These become the core of the damages claim.
8. Talk to a lawyer before you sign anything.  A release ends the claim permanently, even if you later learn the injury is worse than you thought.

Veterans, Service Members, and Military Families

Gregory Heritage is retired from the United States Army with 21 years of service. Military service members’ injury claims have special requirements.

• If TRICARE paid for your treatment, the federal government has a right to be reimbursed from your settlement under the Federal Medical Care Recovery Act.  TRICARE will usually send you a Statement of Personal Injury (DD Form 2527) and expects it back within 35 days.  The form itself warns not to settle a claim without notice to a military claims officer.  Getting that wrong can delay a settlement or leave you personally responsible for the government’s financial claim.
• If you are on active duty, the Servicemembers Civil Relief Act and Florida law can protect your ability to pursue a claim while you are deployed or on orders.  Florida’s law concerning the statute of limitations expressly incorporates those protections.

About Gregory M. Heritage

He has more than 26 years of litigation and trial experience across four states and the District of Columbia.  He has personally completed more than 1,500 cases in civil and criminal courts.

Gregory Heritage holds an LL.M. in Litigation and Dispute Resolution from George Washington University Law School, which is a graduate law degree focused on  resolving disputes and trial execution.  He earned his J.D. degree at George Mason University School of Law, and during law school he served as an extern in the Civil Division of the United States Attorney’s Office in Washington, D.C.

He has handled jury and bench trials, evidentiary hearings, arbitrations, mediations, and appellate matters, including before the Alaska Supreme Court, the Nevada Supreme Court, and federal district and bankruptcy courts.  Insurance companies value a claim differently when they believe the lawyer on the other side is ready for trial.

He is admitted to practice law in Florida, in the United States District Court for the Southern District of Florida, and in the United States Court of Appeals for the Eleventh Circuit.

Heritage Law Firm is a solo practice, and that is deliberate.  You will not be handed off to a case manager.  The lawyer you meet at the consultation is the lawyer who reviews your records, deals with the insurance companies, takes the depositions, and represents you in court.

Frequently Asked Questions About Personal Injury Claims in Vero Beach

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

For most injuries caused by negligence,  you have 2 years.  For most cases, Florida shortened the deadline from 4 years to 2 years, but there are exceptions to this statute of limitations.

Should I talk to the other side’s insurance adjuster?

You have no obligation to give the other side’s insurer a statement, recorded or otherwise, and nothing you say will help your claim.  Your own insurer is entitled to your cooperation under your policy, so give it accurate and factual information.  Talk to a lawyer before any recorded interview and before signing any release.

How much is my personal injury case worth?

It depends on the seriousness and permanence of the injury, the medical expenses, lost income, the available insurance, and how fault is likely to be divided.  Since 2023, Florida limits medical expense evidence to amounts actually paid or owed under insurance rates, so the billed amount is not the measure.

I was hurt at work. Can I file a personal injury claim?

Workers’ compensation is usually the only claim against your own employer.  But if someone other than your employer caused the injury, such as another driver, a property owner, or a subcontractor, you may also have a personal injury claim against that person or company.

I am in the military and TRICARE paid my medical bills. Does that affect my claim?

Yes.  The federal government can seek reimbursement of TRICARE’s costs from your recovery, and TRICARE will usually ask you to complete a DD Form 2527 within 35 days.  The government’s claim has to be resolved as part of any settlement.

How much does a personal injury lawyer cost?

There is no charge for the consultation. Before Heritage Law Firm does any work on an injury claim, the fee arrangement, including who is responsible for case costs, is explained and put in writing.