Attorney at Buckman & Buckman, P.A.
Practice Areas: Personal Injury
Last Updated: May 14, 2025
According to data from the Florida Department of Highway Safety and Motor Vehicles, over 390,000 car accidents occur in the state each year. In Sarasota County alone, thousands of crashes are reported annually. Many of these incidents lead to serious injuries, lost income, and ongoing medical treatment for victims.
Many accident victims are quick to accept the first settlement offer an insurance company makes after a collision. They often accept settlements without fully understanding the long-term impact of this decision. Settling a car accident claim fast may seem like the easiest option, but without legal guidance, you could be walking away from the compensation you truly need and deserve.
In this article, we’ll explain why working with a Sarasota car accident attorney can protect your rights, maximize your claim, and help you avoid costly mistakes.
What a Sarasota Car Accident Lawyer Actually Does
You might be dealing with medical bills, car repairs, and time away from work after a crash. It’s easy to feel overwhelmed in these circumstances. A car accident lawyer helps you through this process. This doesn’t just involve completing and filing paperwork on your behalf. A lawyer can take on the various legal and financial challenges you may face so that you can focus on healing.
Your attorney will:
- Review and value your claim based on not only your current expenses but also future medical bills, lost income sources, pain and suffering, and other damages.
- Collect and preserve evidence, including medical records, accident reports, surveillance footage, and expert opinions when needed.
- Negotiate with the insurance company using knowledge of Florida law and case outcomes to push for a fair settlement.
- Advise you on legal deadlines, protect you from accidentally waiving your rights, and prepare your case for court if necessary.
Many people don’t realize how complex injury claims can become until it’s too late. Having legal guidance from the start can make a major difference in your case’s outcome.
The Risks of Settling Without Legal Help
Insurance adjusters are trained professionals. Their job is to protect their company’s bottom line. While they may seem friendly or helpful, they are not required to offer you what your claim is really worth, and they often don’t.
If you settle a car accident claim without a lawyer, you may:
- Get paid far less than you deserve. Insurance companies often offer quick settlements that only cover current bills, ignoring long-term costs.
- Sign away your right to future claims. The case is usually closed once you agree to a settlement, even if your condition worsens.
- Be unaware of your complete legal options. You may have the right to pursue more compensation if your injuries meet specific criteria under Florida law.
Once you accept a settlement, you generally waive your right to any future claims, even if new injuries arise.
It’s not uncommon for victims to only experience the full impact of their injuries days or weeks after a crash. Without legal representation, they may never be compensated for future treatments, ongoing therapy, or reduced ability to work.
How Florida’s No-Fault System Affects Your Claim
Florida uses a no-fault insurance system for car accidents. That means your insurance policy will cover your medical expenses and some lost wages, regardless of who caused the crash, through Personal Injury Protection (PIP) coverage.
Here’s how PIP typically works:
- Pays for 80% of your reasonable medical expenses
- Covers 60% of lost income
- Provides up to $10,000 in benefits
Florida’s no-fault insurance system only covers some of your medical expenses and lost wages, which may not be enough in serious injury cases.
But there’s a problem: PIP doesn’t cover everything. You may need to seek additional compensation from the at-fault driver’s insurance if, for example, you suffer a serious or permanent injury. This is often where legal representation becomes crucial.
Under Florida Statutes § 627.737, you may step outside the no-fault system if you sustain a permanent injury.
A lawyer can help determine whether your injuries qualify under this rule and how to build a case that meets the legal standard for a liability claim.
Legal Rules That Could Impact Your Settlement
When it comes to car accident claims, Florida has some specific laws that can significantly affect your case’s outcome.
Comparative Negligence
Florida now follows a modified comparative negligence rule. In some cases, a victim’s own negligence may have played some role in their injuries or accident. If you’re found to be more than 50% responsible for the accident, you won’t be eligible for compensation. Even if your fault is less than 50%, your total compensation will be reduced by your percentage of fault. This is why having a lawyer who can provide a compelling case for you is so crucial.
Statute of Limitations
You have a limited time to file a car accident lawsuit in Florida. In most personal injury cases, the statute of limitations is two years from the date of the crash. You can’t sue for compensation if you miss this deadline.
Non-Economic Damages
These include things like pain and suffering, loss of enjoyment of life, and emotional distress—damages that can’t be measured by receipts or bills but still have a tangible impact on your life. Insurance companies rarely include these in initial offers unless a lawyer pushes for them.
Common Mistakes People Make When Settling Alone
Let’s look at a few real-world situations that show what can go wrong when people handle their claims without legal help.
Underestimating Future Costs: You settle for $5,000, thinking it will cover everything. Later, however, your doctor recommends surgery. Since you have already signed a release, you can’t go back and ask for more, even if your medical bills have grown to $25,000.
Not Understanding the Law: You think you can’t sue because of Florida’s no-fault law. But your injuries actually meet the legal definition of “serious,” meaning you could pursue a much larger claim—if only you had known.
Agreeing to a Recorded Statement: You speak to the insurance company and say something that sounds minor. Later, they use that statement to argue you weren’t seriously hurt, reducing your payout.
Insurance companies are not on your side—they aim to minimize payouts, not maximize your recovery.
How Hiring a Lawyer Changes Everything
You don’t need to face the insurance company alone. Here’s a look at how your case can change when you have an attorney on your side:
Key Differences – Settling With vs. Without a Lawyer
| Factor | Without a Lawyer | With a Lawyer |
| Claim Valuation | Based on insurer’s estimate | Includes future costs, pain & suffering |
| Negotiation Power | Limited | Strong, based on law and evidence |
| Legal Knowledge | None or minimal | Deep understanding of Florida statutes |
| Risk of Signing Away Rights | High | Lawyer reviews all documents |
| Settlement Amount | Often lower | Typically higher, based on full claim value |
A lawyer helps make sure your injuries are fully documented, your rights are protected, and your case is presented as strongly as possible. This leads to more informed decisions—and often, a larger financial recovery.
Frequently Asked Questions
Do I have to accept the insurance company’s first offer?
No. You are not obligated to accept the first offer. It’s often much lower than what your case is worth. You can negotiate or have a lawyer handle the process on your behalf.
What happens if I have already signed a settlement?
Once a settlement is signed, it is usually final. You typically can’t ask for more money later. This is the case even if your condition worsens.
Can I recover more than what PIP provides?
Yes. Florida law allows you to ask for more compensation from the at-fault party’s insurance if your injuries are severe or irreversible.
What does it mean to settle a claim?
Settling a claim means agreeing to accept a certain amount of money in exchange for dropping your legal claim. You usually can’t pursue further compensation once you accept a settlement.
How long do I have to file a claim in Florida?
Generally, you have two years from the date of the accident to file a personal injury lawsuit in Florida. The court will dismiss your lawsuit if you attempt to sue after the deadline.
Is hiring a lawyer expensive?
The majority of personal injury attorneys take cases on a contingency fee basis. The lawyer only gets paid if you win or settle your case, so you don’t have to pay them up in advance.
Hire a Lawyer to Help With Your Sarasota Car Accident Claim
Settling your car accident claim without legal help might feel like the faster path forward. However, it often leads to long-term regrets. You could be missing out on money you need for future medical care, rehabilitation, lost wages, or emotional trauma—just because you didn’t know what your case was truly worth.
With Florida’s unique laws and insurance system, even a simple mistake could cost you thousands. That’s why talking to a knowledgeable attorney before settling is such a smart move.
Buckman & Buckman P.A. is a trusted personal injury law firm based in Sarasota. We help accident victims make informed decisions about their future. If you’ve been injured in a car crash and are unsure about your next steps, consider scheduling a free consultation with our legal team. We’ll review your case, explain your options, and help you move forward with confidence.
