Common Mistakes to Avoid When Filing a Personal Injury Claim in Florida
Posted By Darrigo & Diaz
If you’ve been injured in an accident in Florida—whether it’s a car crash, slip and fall, or workplace incident—you’re probably juggling a lot right now. Doctor’s appointments, repair bills, time off work…it’s overwhelming. But here’s the thing: what you do (or don’t do) in the days and weeks after your injury can make or break your personal injury claim in Florida.
At Darrigo & Diaz, we’ve seen it all—from rock-solid claims that win maximum compensation to cases that crumble because of avoidable missteps. And too often, people don’t even realize they’ve made a mistake until it’s too late. That’s why we’re breaking down the most common pitfalls and how a lawyer can help you avoid them—so you can focus on healing while we focus on protecting your rights.
How small slip-ups can cost you big
Florida’s personal injury laws are complex, and insurance companies have entire teams dedicated to minimizing payouts. Even a small slip-up—like saying the wrong thing to an adjuster or posting an “I’m fine” photo on social media—can give them exactly what they need to deny or reduce your claim.
By knowing the red flags now, you can avoid handing the other side the upper hand. And when you work with an experienced personal injury attorney, they’ll help you sidestep these traps entirely—gathering evidence, handling the paperwork, and dealing with the insurance company on your behalf.
Mistake to avoid when filing a personal injury claim in Florida
1. Missing Florida’s filing deadlines
Florida recently shortened its statute of limitations for most personal injury claims to two years from the date of the accident. Miss that window, and your right to seek compensation disappears forever—no matter how strong your case.
How lawyers prevent this: An attorney will track all deadlines, file the necessary paperwork on time, and ensure your claim is preserved.
2. Admitting fault—even accidentally
A simple “I’m sorry” at the scene can be twisted into an admission of liability. In Florida, modified comparative negligence means that if you’re found more than 50% at fault, you can’t recover any damages.
How lawyers prevent this: They handle all communications with insurers and opposing parties, ensuring your words can’t be used against you.
3. Posting on social media
Photos, videos, or comments—even innocent ones—can be used to argue your injuries aren’t as bad as you claim. Yes, even that smiling selfie from your cousin’s birthday party can come back to haunt you.
How lawyers prevent this: They’ll advise you on what (and what not) to share online and may recommend pausing social media altogether during your case.
4. Failing to seek immediate medical care
Delaying medical treatment gives insurers ammunition to argue your injuries aren’t serious or weren’t caused by the accident.
How lawyers prevent this: They’ll stress the importance of prompt evaluation and help you find trusted medical providers who can document your injuries properly.
5. Speaking directly to the insurance adjuster
Adjusters are trained to get you to say things that hurt your claim—or to accept a lowball settlement before you know the full extent of your damages.
How lawyers prevent this: They take over all negotiations, protecting you from pressure tactics and securing fair compensation.
6. Accepting the first settlement offer
That quick offer might seem tempting, but it’s rarely enough to cover long-term medical bills, lost wages, and other damages.
How lawyers prevent this: They calculate the true value of your claim, factoring in current and future costs, and fight for every dollar you’re entitled to.
Protect your personal injury claim
Personal injury claims are full of hidden traps—but with the right legal team, you can avoid them all. At Darrigo & Diaz, we combine decades of experience with compassionate, one-on-one service to guide you through the process, protect your rights, and fight for the maximum compensation you deserve.
Injured in an accident? We can help.
If you’ve been injured in Florida, don’t risk your claim on a technicality or mistake. At Darrigo & Diaz, we know that an accident can turn your life upside down in an instant. The pain, the stress, the medical bills, the missed work—it’s a lot to handle. And while you focus on recovering, the insurance company is already working behind the scenes to protect their bottom line, not yours.
That’s where we come in. For over25 years, our Tampa-based legal team has fought for injured Floridians, winning millions in compensation for clients just like you. We’re not just aggressive negotiators—we’re compassionate advocates who take the time to understand your unique situation and fight for what you truly deserve.
Give us a call today at (813) 437-5523 or contact us online for a free, no-obligation consultation today.
