Florida and Washington, D.C. handle car accident claims very differently. Knowing which rules apply is the first step toward a full recovery.
A serious car accident brings medical bills, lost income, vehicle damage, and insurance companies that are focused on limiting what they pay. The rules that govern your claim depend heavily on where the crash happened, because Florida and the District of Columbia take fundamentally different approaches.
The firm handles collisions involving cars, trucks, motorcycles, rideshare vehicles, pedestrians, and cyclists.
Florida is a no-fault state. Under its Personal Injury Protection system, set out in Sections 627.730 through 627.7405 of the Florida Statutes, drivers carry PIP coverage that pays a portion of their own medical expenses and lost wages regardless of who caused the crash. To step outside the no-fault system and sue the at-fault driver for pain and suffering, an injured person generally must meet the serious injury threshold defined in Section 627.737.
Under changes enacted by House Bill 837 in 2023, the general deadline to file a negligence lawsuit in Florida is now two years from the date of the injury under Section 95.11(5)(a) of the Florida Statutes, reduced from the four-year period that applied to injuries occurring before March 24, 2023.
The same 2023 law adopted a modified comparative negligence standard under Section 768.81, which bars recovery entirely for a plaintiff found to be more than fifty percent at fault for their own injury. Below that threshold, a recovery is reduced in proportion to the plaintiff's share of fault.
The interaction between the PIP system, the injury threshold, and the shortened filing deadline makes early evaluation of a Florida car accident claim especially important.
The District of Columbia is a fault-based, or tort, jurisdiction for car accidents, meaning the driver who caused the crash is generally responsible for the resulting damages. The District does require certain no-fault benefits to be offered, but claimants can elect to pursue a fault-based claim under defined conditions.
In the District of Columbia, the deadline to file most personal injury lawsuits is three years from the date of the injury.
The District follows the doctrine of contributory negligence, one of the strictest fault rules in the country, under which a plaintiff found even slightly at fault can be barred from recovering. A statutory exception softens this rule for pedestrians, cyclists, and other vulnerable road users injured in vehicle collisions.
The District's contributory negligence rule can be harsh in vehicle cases, though the statutory protection for pedestrians and cyclists provides an important exception for those vulnerable road users.
The firm works to establish fault clearly, to document the full extent of the injuries and losses, and to deal with the insurers so the client does not have to. Where an insurer refuses to offer fair value, the firm is prepared to file suit and litigate.
Alec Kohn brings trial experience from a prominent civil litigation firm, where he handled matters from pre-suit demands through post-trial litigation. You work directly with the attorney on your case, and the firm answers 24 hours a day.
The figures on this page are drawn from the following primary and secondary sources. Statutes and penalties change; this summary is reviewed by the firm and is not a substitute for legal advice on your specific matter.
