Personal Injury FAQ | Your Questions Answered

General Personal Injury
Questions

How much is my case worth?

Every case is different. The value of your claim depends on several factors: the severity of your injuries, the clarity of liability, your medical expenses, lost wages, how the injury affects your daily life, and the available insurance coverage.

Be wary of any attorney who quotes you a number before reviewing your case thoroughly. At Kushel Law Group, we evaluate every factor to help you understand what fair compensation looks like for your specific situation.

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

For most personal injury cases, Florida law gives you two years from the date of the accident to file a lawsuit. This timeline changed in March 2023—cases arising before that date may have different deadlines.

However, waiting is rarely wise. Evidence disappears, witnesses forget, and building a strong case takes time. The sooner you contact an attorney, the better your chances of a successful outcome.

Do I need a lawyer for my personal injury case?

You're not legally required to hire an attorney, but insurance companies have teams of lawyers working to minimize what they pay you. Going up against them alone often means leaving money on the table—or having your claim denied entirely.

An experienced attorney knows what your case is actually worth, how to document your injuries properly, and how to negotiate with insurers who aren't acting in your best interest.

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

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.

What should I do after a car accident?

Check for injuries and call 911 if anyone needs medical attention
Call the police to file an official accident report
Document everything—take photos of vehicles, injuries, the scene, and road conditions
Exchange information with the other driver (name, insurance, license plate)
Get witness contact information if anyone saw the accident
Seek medical attention within 14 days (Florida's PIP deadline)
Don't give recorded statements to the other driver's insurance company
‍Contact an attorney before settling or signing anything

What if I was partially at fault for the accident?

Florida follows a "modified comparative negligence" system. You can still recover damages even if you were partially at fault—as long as you were 50% or less responsible for the accident.

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.

What if the other driver doesn't have insurance?

This is more common than you might think. 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.

This is exactly why we emphasize checking your UM coverage before an accident happens. If you don't have adequate UM coverage, you may have limited options after being hit by an uninsured driver.

How long will my case take?

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.

Will I have to go to court?

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.

What if the insurance company already made me an offer?

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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Insurance-Specific
Questions

What is PIP coverage and why does it matter?

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.

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

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.

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

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.

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

Your insurance: Covers you through PIP (medical/lost wages) and UM/UIM (if the other driver is uninsured or underinsured).

The other driver's insurance: If they were at fault, their liability policy should cover your damages beyond what PIP provides—including pain and suffering, which PIP doesn't cover.

Rideshare Accident
Questions

What happens if I'm in an accident involving Uber or Lyft?

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.

Can I sue Uber or Lyft directly?

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.

Medical and Treatment
Questions

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

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.

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

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.

Can I choose my own doctor?

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.

Case Process
Questions

What happens during a free consultation?

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.

What does "contingency fee" mean?

How do I know if I have a case?

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.

What documents should I gather for my case?

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
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?

Kushel Law

Areas of Practice

Contact Us

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?

Kushel Law

Areas of Practice

Contact Us

Frequently Asked
Questions

General Personal Injury
Questions

Insurance-Specific
Questions

Rideshare Accident
Questions

Medical and Treatment
Questions

Case Process
Questions

Still Have
Questions?