Personal Injury FAQ

Q: What is PIP coverage?

PIP (Personal Injury Protection) is Florida's no-fault insurance. It covers 80% of your medical bills and 60% of lost wages—up to $10,000—regardless of who caused the accident. Critical deadline: you must seek medical attention within 14 days.

Question 1

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

Accepted Answer

In Florida, you generally have a limited time to file a personal injury claim. The statute of limitations varies depending on the type of case, so it's important to consult with an attorney as soon as possible to understand your specific deadline.

Question 2

Do I need a lawyer for my personal injury case?

Accepted Answer

While not legally required, having an experienced personal injury lawyer significantly increases your chances of fair compensation. Insurance companies have teams of lawyers working to minimize payouts, and an attorney levels the playing field.

Question 3

How much does it cost to hire a personal injury lawyer?

Accepted Answer

At Kushel Law Group, we work on a contingency fee basis. That means:

No upfront costs
No hourly fees
You pay nothing unless we win

Our fee is a percentage of your recovery. If we don't win your case, you owe us nothing.

Question 4

What should I do after a car accident?

Accepted Answer

After a car accident: Check for injuries and call 911 if needed, call the police to file an official report, document everything with photos, exchange information with the other driver, get witness contact information, seek medical attention within 14 days (Florida's PIP deadline), don't give recorded statements to the other driver's insurance company, and contact an attorney before settling or signing anything.

Question 5

What if I was partially at fault for the accident?

Accepted Answer

If you were 50% or less responsible, your compensation is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you could recover up to $80,000.

Question 6

What if the other driver doesn't have insurance?

Accepted Answer

If you're hit by an uninsured driver, your own Uninsured Motorist (UM) coverage becomes critical. UM coverage allows you to recover compensation from your own insurance company when the at-fault driver can't pay.

Question 7

How long will my case take?

Accepted Answer

There's no standard timeline. Simple cases with clear liability and minor injuries may settle in a few months. Complex cases involving serious injuries, disputed liability, or multiple parties can take a year or more.

What we can promise: we'll move as efficiently as possible while still building the strongest case. We'll keep you informed at every stage and never drag things out unnecessarily.

Question 8

Will I have to go to court?

Accepted Answer

Most personal injury cases settle before trial. Insurance companies often prefer to settle rather than face a jury—especially when they know the attorney on the other side has courtroom experience.

That said, some cases do go to trial. When they do, you want an attorney who's been there before. Danielle has tried 80+ jury trials and knows how to present your case effectively if settlement negotiations fail.

Question 9

What if the insurance company already made me an offer?

Accepted Answer

Be very careful. Insurance companies often make quick, low offers hoping you'll accept before you understand what your case is really worth. Once you accept, you can't go back for more—even if your injuries turn out to be more serious than you initially thought.

Before accepting any offer, have an experienced attorney review your case. What seems like a reasonable number may be far below fair compensation.

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Question 10

What is PIP coverage?

Accepted Answer

PIP (Personal Injury Protection) is Florida's "no-fault" insurance. It covers 80% of your medical bills and 60% of lost wages—up to $10,000—regardless of who caused the accident.

Critical deadline: You must seek medical treatment within 14 days of an accident to access your PIP benefits. Miss this deadline and you may lose coverage entirely.

Question 11

What is Uninsured/Underinsured Motorist (UM/UIM) coverage?

Accepted Answer

UM coverage protects you when you're hit by a driver who has no insurance. UIM coverage applies when the at-fault driver has some insurance, but not enough to cover your damages.

In Florida, UM coverage is optional—but it's one of the most important protections you can have. Many drivers on the road are uninsured or underinsured, and without UM coverage, you may have no way to recover compensation.

Question 12

Should I talk to the other driver's insurance company?

Accepted Answer

Be careful. Insurance adjusters are trained to gather information that can be used to minimize or deny your claim. Common tactics include:

Asking you to give a recorded statement
Getting you to admit partial fault
Encouraging quick settlements before you know the full extent of your injuries

You're not obligated to give recorded statements or sign anything. It's often best to let your attorney handle communication with the other driver's insurer.

Question 13

What's the difference between my insurance and the other driver's insurance?

Accepted Answer

Your insurance covers your immediate medical expenses and lost wages through PIP coverage regardless of fault. The other driver's insurance is responsible for compensating you for damages when they are at fault, including pain and suffering, full medical expenses, and other losses.

Question 14

Who is liable in a rideshare accident?

Accepted Answer

Rideshare accidents are more complex because multiple insurance policies may apply. Which policy covers your claim depends on what the driver was doing at the exact moment of the crash:

App off: Only the driver's personal insurance applies
App on, waiting for a ride: Limited rideshare coverage ($50K/$100K/$25K)
‍Ride accepted or passenger in vehicle: Up to $1 million in rideshare coverage

The rideshare company and multiple insurers will all try to shift responsibility to someone else. You need an attorney who understands how these layered policies work.

Question 15

Can I sue Uber or Lyft directly?

Accepted Answer

It's complicated. Uber and Lyft structure their businesses to limit direct liability by classifying drivers as independent contractors. However, their insurance policies are often the primary source of recovery for serious injuries.

Depending on the evidence and circumstances, claims against the company itself may be possible. An experienced rideshare accident attorney can evaluate your options.

Question 16

What if I didn't feel injured right after the accident?

Accepted Answer

It's common for injuries to appear hours or days after an accident. Adrenaline can mask pain, and some injuries—like soft tissue damage or traumatic brain injuries—may not show symptoms immediately.

This is why seeking medical attention after any accident is important, even if you feel fine. It documents your condition and ensures any injuries are identified early.

Question 17

Who pays for my medical bills while my case is pending?

Accepted Answer

Initially, your PIP coverage (if you have it) covers 80% of medical expenses up to $10,000. Beyond that, your health insurance may cover treatment. In some cases, medical providers will treat you on a "letter of protection," agreeing to wait for payment until your case resolves.

We help coordinate medical care and ensure you get the treatment you need without upfront out-of-pocket expenses when possible.

Question 18

Can I choose my own doctor?

Accepted Answer

Yes. You have the right to see physicians of your choosing. Be cautious of insurance companies trying to direct you to specific doctors—these independent medical examinations often serve the insurance company's interests, not yours.

Question 19

What happens during a free consultation?

Accepted Answer

During your free consultation with Danielle, you'll:

Explain what happened and describe your injuries
Learn about your legal options and potential claims
Get honest answers about whether you have a case
Understand the process if you decide to move forward

There's no pressure and no obligation. The goal is to give you the information you need to make an informed decision.

Question 20

What does contingency fee mean?

Accepted Answer

A contingency fee means you pay nothing upfront and only pay attorney fees if you win your case. The attorney's fee is a percentage of your recovery. If there's no recovery, you owe nothing.

Question 21

How do I know if I have a case?

Accepted Answer

Generally, you may have a personal injury case if:

Someone else acted negligently (carelessly)
That negligence caused your accident
You suffered injuries or damages as a result

The best way to know for sure is to have an experienced attorney review your situation. Contact us for a free case evaluation.

Question 22

What documents should I gather for my case?

Accepted Answer

Helpful documents include: police report or accident report, medical records and bills, photos of the accident scene, vehicles, and injuries, insurance information (yours and the other party's), witness contact information, any correspondence with insurance companies, and pay stubs or employment records (for lost wage claims). Don't worry if you don't have everything—we can help obtain necessary documentation.

Frequently Asked
Questions

Straight answers to the questions injured people ask most. No legal jargon, no runaround—just the information you need to make informed decisions about your case.

General Personal Injury
Questions

Insurance-Specific
Questions

Rideshare Accident
Questions

Medical and Treatment
Questions

Case Process
Questions

Still Have
Questions?

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Frequently Asked Questions

Straight answers to the questions injured people ask most. No legal jargon, no runaround—just the information you need to make informed decisions about your case.

General Personal Injury Questions

Insurance-Specific Questions

Rideshare Accident Questions

Medical and Treatment Questions

Case Process Questions

Still HaveQuestions?