Talk to a Sarasota Injury Lawyer Today

Not without a careful review. Under the 2023 tort reform changes, an insurer that offers its full policy limits within 90 days of receiving notice of the claim (with supporting information) may gain protection from certain bad faith claims. A quick limits offer can be fair, especially when the at-fault driver has low coverage. Before accepting, you want to know whether other coverage exists, such as additional policies, an employer’s coverage, umbrella policies, or your own UM/UIM. You also want to understand the release you are signing so you do not give up claims against others.

Some are. A parent may have their own claim for the child’s medical expenses, while the child has a claim for their own injuries. In Florida, settlements for minors above certain dollar amounts generally require court approval, and larger net settlements may require a legal guardianship or other protections for the funds. Insurers cannot simply pay a parent and close out a significant minor’s claim without following these rules. Deadlines can also work differently for parents’ claims and children’s claims, so get advice early rather than assuming you have extra time.

Generally, compensation received for physical injuries or physical sickness is not taxable income under federal tax law. That includes amounts for medical bills, lost wages tied to the physical injury, and pain and suffering. Some parts of a recovery may be taxable, such as punitive damages, interest, and certain amounts not tied to a physical injury. Florida has no state personal income tax. Because every situation is different, talk with a tax professional about your specific settlement.

Possibly. Health insurers, Medicare, Medicaid, and some employer plans may have a right of reimbursement (a “lien” or subrogation claim) for accident-related bills they paid. Medicare and Medicaid liens must be addressed before settlement funds are distributed, and ignoring them can create serious problems later. Many liens can be negotiated down. Part of a lawyer’s job is to identify and resolve these liens so you know what you will actually take home.

Claims against Florida government entities are governed by sovereign immunity rules. Before filing suit you generally must give written notice of the claim to the agency and to the Florida Department of Financial Services within strict time limits, and the agency gets a period to investigate. Florida law also caps how much can be collected from a government entity per person and per incident, unless the Legislature approves a larger amount. Examples include a crash with a county vehicle, a school bus, or a fall on a city sidewalk. These rules are technical, so contact a lawyer quickly.

Yes. The 2023 tort reform law changed how past and future medical expenses are proven. In many cases, evidence focuses on amounts actually paid or owed under health insurance or similar rates, not just the full “billed” amount. If you received treatment under a letter of protection (where a provider waits to be paid from the settlement), certain disclosures about the arrangement and referrals are generally required. These rules can significantly affect the value of a claim, so how and where you get treatment matters.