Never accept a settlement without consulting an attorney. Insurers often offer less than you deserve. We’ll review your offer and negotiate for full compensation.
Short answer: In Florida, you generally do not have to accept the first settlement offer an insurance company makes. Before you agree, make sure you understand your injuries and future care needs, what your PIP coverage has already paid, and exactly what the release will end. Once you sign a release, the claim is usually closed for good.
What to Do Before Accepting a Settlement Offer
- Reach a stable point in your medical treatment so you know what future care may cost.
- Gather your medical bills, PIP statements, proof of lost income, and the crash or incident report.
- Check for liens. Health insurers, Medicare, Medicaid and medical providers may have a right to be repaid from a settlement.
- Talk with a Florida personal injury lawyer before you sign anything.
What Signing a Release Means
Most insurers pay a settlement only after you sign a release. A typical release gives up all claims against the people and companies it names, including claims for injuries you may not know about yet. Check who is released and which claims are covered. Under Fla. Stat. § 627.4265, once a settlement is agreed in writing, the insurer must tender payment within 20 days (or another date the agreement sets), or the amount bears interest.
How PIP Fits Into a Settlement
Florida drivers carry personal injury protection (PIP) under Fla. Stat. § 627.736. PIP provides up to $10,000 in benefits, generally covering 80% of reasonable medical expenses and 60% of lost income, regardless of who caused the crash. You must get initial treatment within 14 days of the accident, and medical benefits are limited to $2,500 if a provider determines you did not have an emergency medical condition. A claim against the at-fault driver’s insurer is separate and covers losses PIP does not.
Florida’s 2-Year Deadline After HB 837
Florida’s 2023 tort reform law, HB 837, shortened the time to file most negligence lawsuits from four years to two. Under Fla. Stat. § 95.11(5)(a), an action founded on negligence must be filed within 2 years. The change applies to claims arising after March 24, 2023. Settlement talks do not pause this deadline.
Your Share of Fault Matters
HB 837 also adopted modified comparative negligence. Under Fla. Stat. § 768.81(6), a person found more than 50% at fault for their own harm generally cannot recover damages.
Have Your Offer Reviewed
Call Alpha Law Group at (941) 304-1500 for a free consultation. We can review the offer and release with you before you decide.
This page is general information, not legal advice, and does not create an attorney-client relationship.
