1515 N Marion St
Tampa, Fl 33602
A serious car accident can change your life in an instant. Victims often face painful injuries, mounting medical bills, lost income, and uncertainty about what comes next. If another driver's negligence caused your accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages.
At Fiol & Morros, our Tampa car accident lawyers help injury victims throughout Tampa Bay, Brandon, Riverview, South Tampa, and Hillsborough County pursue the compensation they deserve. We investigate the crash, gather evidence, handle negotiations with insurance companies, and fight for maximum recovery while you focus on your health and recovery.
With more than 35 years of personal injury experience, attorney Alejandro Fiol and our legal team have helped injured Floridians navigate complex accident claims and hold negligent drivers accountable.
Tampa Car Accident Quick Answers
How much does a Tampa car accident lawyer cost?
You pay no attorney fees unless we recover compensation for you.
How long do I have to file a car accident lawsuit in Florida?
Most negligence-based injury claims must be filed within two years.
What compensation can I recover after a car accident?
Medical expenses, lost wages, future treatment costs, pain and suffering, and other accident-related damages.
Should I speak with the insurance company after a crash?
Before providing a recorded statement, consider speaking with an attorney to understand your rights.
Why Choose Fiol & Morros After a Tampa Car Accident?
A serious car accident can leave victims facing painful injuries, mounting medical bills, lost income, and uncertainty about the future. At Fiol & Morros, we help injury victims throughout Tampa Bay pursue the compensation they deserve while handling every aspect of the legal process.
Our legal team investigates the crash, gathers evidence, works with medical and accident reconstruction experts, and negotiates directly with insurance companies. Whether your case involves a rear-end collision, distracted driver, drunk driver, truck accident, or catastrophic injury, we are prepared to fight for maximum compensation.
With more than 35 years of personal injury experience, attorney Alejandro Fiol and Alina Morros have represented injured Floridians in complex injury claims throughout Tampa and the surrounding communities.
Injured in a Tampa car accident? Get a free, no-obligation case review.
(813) 223-0000No fee unless we win. Available 24/7.
Florida Car Accident Laws Every Tampa Driver Should Know
Florida requires drivers to carry Personal Injury Protection (PIP) insurance. After a car accident, your own PIP coverage typically pays a portion of your medical expenses and lost income, regardless of who caused the crash.
However, PIP benefits are limited and often do not fully cover serious injuries. When injuries meet Florida's serious injury threshold, victims may pursue compensation from the at-fault driver through a personal injury claim.
Florida PIP Insurance: F.S. §627.736
Under F.S. §627.736, all registered Florida vehicle owners must carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. PIP pays 80% of all necessary and reasonable medical expenses and 60% of lost wages up to the $10,000 policy limit, regardless of who caused the crash. However, you must seek initial medical treatment within 14 days of the accident to qualify for full PIP benefits. Waiting longer reduces your maximum benefit to $2,500 for non-emergency conditions.
Florida's Serious Injury Threshold: F.S. §627.737
Florida's "verbal threshold" under F.S. §627.737 allows an injured driver to step outside the no-fault PIP system and file a direct lawsuit against the at-fault driver only when injuries meet one of the following qualifying criteria: (1) significant and permanent loss of an important bodily function, (2) permanent injury within a reasonable degree of medical probability, (3) significant and permanent scarring or disfigurement, or (4) death. Soft tissue injuries alone typically do not meet this threshold, making expert medical documentation critical from the outset.
Statute of Limitations: F.S. §95.11(3)(a)
Under F.S. §95.11(3)(a), car accident injury victims have two years from the date of the crash to file a personal injury lawsuit in Florida. For wrongful death arising from a car accident fatality, the deadline is two years from the date of death under F.S. §95.11(4)(d). Government vehicle or road defect claims against Hillsborough County, the City of Tampa, or FDOT require written pre-suit notice within three years under F.S. §768.28(6)(a). Missing any of these deadlines permanently bars recovery regardless of how strong the case is.
Florida's 2023 Tort Reform and Modified Comparative Fault: F.S. §768.81
Florida's HB 837, signed into law on March 24, 2023, made the most significant changes to Florida personal injury law in decades. The most impactful change for car accident victims is the conversion from pure comparative fault to modified comparative fault under F.S. §768.81.
| Rule | How It Affects Your Tampa Car Accident Case |
|---|---|
| Modified Comparative Fault (F.S. §768.81) | If you are more than 50% at fault for the crash, you recover nothing, even if you were seriously injured. |
| Proportional Reduction of Damages | If you are 30% at fault, your damages award is reduced by 30%, so you recover only 70% of proven losses. |
| Insurance Company Strategy Post-HB 837 | Adjusters now aggressively argue inflated plaintiff fault percentages specifically to trigger the 51% bar. |
| Prior Florida Rule (pre-March 2023) | Pure comparative fault, where you could recover even if 99% at fault, just reduced proportionally. |
| Statute of Limitations Change (HB 837) | Also reduced the personal injury SOL from 4 years to 2 years for accidents on or after March 24, 2023. |
| One-Way Attorney Fee Elimination | HB 837 eliminated the one-way attorney fee provision in insurance cases, shifting litigation economics significantly. |
CRITICAL: Under the new law, how fault is allocated at the scene, by police reports, witness statements, and dash cam footage, directly determines whether you can recover anything at all. Our attorneys act immediately to preserve evidence and counter inflated fault arguments before they get locked into the record.
Common Locations for Car Accidents in Tampa
Car accidents frequently occur throughout:
- I-275
- I-4
- Dale Mabry Highway
- Hillsborough Avenue
- Brandon Boulevard
- Veterans Expressway
- Selmon Expressway
- Downtown Tampa
- South Tampa
Tampa and Florida Car Accident Statistics
These statistics establish the scope of the car accident crisis in the Tampa metro area and support damages arguments in litigation and settlement negotiations:
~400,000/yr
Total crashes reported in Florida annually (FLHSMV)
~3,500 to 4,000/yr
Traffic fatalities in Florida annually (FDOT)
~190/yr
Traffic fatalities in Hillsborough County (FLHSMV 2023)
~362,000/yr
Distracted driving crashes, national annual total (NHTSA)
~2,500/yr
DUI arrests in Hillsborough County annually (FLHSMV)
Top 5 nationally
I-4 repeatedly ranked among most dangerous US interstates (TRIP report)
~26%
Percentage of Florida crashes involving uninsured drivers (FLOIR estimate)
$10,000
Florida minimum PIP coverage (F.S. §627.736), often insufficient for serious injuries
How Insurance Companies Try to Reduce Car Accident Settlements
Insurance companies are businesses focused on protecting their bottom line. After a car accident, adjusters may contact victims quickly in an effort to obtain recorded statements, dispute injuries, or encourage an early settlement before the full extent of damages is known.
While insurers are required to investigate claims, their goal is often to minimize payouts whenever possible. Understanding these tactics can help accident victims protect their rights and avoid accepting less compensation than they may deserve.
Common Insurance Company Tactics
Insurance companies may attempt to:
- Request recorded statements
- Blame the victim for the crash
- Downplay injuries
- Delay claim processing
- Dispute medical treatment
- Make quick settlement offers
- Question lost wage claims
- Argue pre-existing conditions
Our attorneys understand these tactics and work to protect clients throughout the claims process.
Common Causes of Car Accidents in Tampa
Most car accidents are preventable and result from driver negligence, unsafe road conditions, or traffic violations. According to crash investigations throughout Tampa and Hillsborough County, distracted driving, speeding, impaired driving, and failure to yield remain among the leading causes of serious motor vehicle accidents.
From distracted driving to poor road conditions, we see it all. Our legal team gathers crash reports, witness statements, surveillance footage, medical records, black box data, and expert testimony when necessary to build the strongest possible claim.
Where Car Accidents Frequently Occur in Tampa
Serious crashes frequently occur on:
- I-275
- I-4
- Dale Mabry Highway
- Hillsborough Avenue
- Brandon Boulevard
- Veterans Expressway
- Selmon Expressway
- Bruce B. Downs Boulevard
- Kennedy Boulevard
These high-traffic corridors often experience heavy congestion, speeding, distracted driving, and rear-end collisions.
Distracted Driving Accidents
Texting, eating, and using a phone behind the wheel are the top causes of distracted driving accidents. These careless acts take a driver's eyes off the road. Distracted driving crashes have skyrocketed in the smartphone era. Our attorneys access cell phone records and crash scene photos to show how driver inattention led to your crash. We also use accident reconstruction experts to show how distraction contributed to your auto accident. Distracted driving crashes frequently occur on Tampa roadways such as I-275, I-4, Dale Mabry Highway, and Hillsborough Avenue.
Driving Under the Influence (DUI)
DUI-related crashes often lead to serious injuries and wrongful death. The intake of alcohol and drugs has a detrimental impact on both reaction time and decision-making. This makes these drivers extremely dangerous. Florida has strict DUI laws. Impaired driving remains one of the leading causes of fatal crashes throughout Florida.
Speeding and Reckless Driving
Speeding is one of the leading causes of severe and fatal crashes in Florida. Higher speeds reduce reaction time, increase stopping distance, and significantly increase crash severity. It increases the force of impact during an auto accident. It is especially dangerous on Tampa's busy highways, where traffic moves at high speeds. Reckless drivers put others at risk. When they cause harm, they must be held responsible. Our car accident attorney team uses traffic camera footage and witness statements. We also use expert testimony to prove speeding and reckless behavior.
Rear-End Collisions
Rear-end collisions are among the most common types of car accidents in Tampa. These crashes often occur in heavy traffic, at stoplights, and on congested roadways such as I-275 and Dale Mabry Highway. While many rear-end accidents result from distracted driving, speeding, or following too closely, they can still cause serious injuries including whiplash, herniated discs, traumatic brain injuries, and spinal injuries. Determining fault and documenting injuries are important steps in pursuing compensation.
Florida Statutes Governing Driver Negligence in Car Accident Cases
When a driver's statutory violation directly causes a crash, that violation is evidence of negligence per se, meaning the driver's legal duty of care is established automatically without requiring additional proof of unreasonableness. Our attorneys cite the specific statute violated in every demand letter and pleading.
| Type of Negligence | Governing Florida Statute and Key Provisions |
|---|---|
| Drunk Driving (DUI) | F.S. §316.193: BAC of 0.08% or higher; enhanced penalties at 0.15% BAC; commercial drivers at 0.04%; DUI injury is a 3rd degree felony; punitive damages often available. |
| Texting While Driving | F.S. §316.306: Primary offense since 2019; hands-free requirement in school/work zones; records subpoena to carrier confirms violation at time of crash. |
| Speeding | F.S. §316.183: Unlawful speed; any speed exceeding posted limit or unsafe for conditions; FLHSMV crash reports document cited violations. |
| Failure to Yield / Red Light | F.S. §316.075 and §316.121: Failure to obey traffic control devices; red light camera evidence admissible in Hillsborough County civil cases. |
| Reckless Driving | F.S. §316.192: Willful or wanton disregard for safety of persons or property; supports punitive damages claim under F.S. §768.72. |
| Following Too Closely (Tailgating) | F.S. §316.0895: Driver must maintain reasonable and prudent distance; violation supports rear-end liability presumption. |
| Fleeing the Scene (Hit and Run) | F.S. §316.061 and §316.027: Duty to stop, render aid, exchange information; misdemeanor or felony depending on damages; UM/UIM coverage applies. |
Rideshare Accident Claims: Uber and Lyft Liability in Tampa
Tampa's growing rideshare market, with Uber, Lyft, and other platforms operating heavily in Ybor City, Hyde Park, Channelside, and the airport corridor, creates a complex multi-layer insurance structure that most accident victims do not understand. Rideshare liability depends on the specific phase the driver was in at the moment of the crash.
| Driver Phase | Insurance Coverage Available | Coverage Limit |
|---|---|---|
| App OFF, not logged in | Driver's personal auto insurance only; Uber/Lyft provide no coverage | Driver policy limits only |
| App ON, waiting for ride request | Uber/Lyft contingent liability coverage applies | $50,000 per person / $100,000 per accident / $25,000 property damage |
| Ride accepted, en route to pickup | Uber/Lyft $1 million commercial liability policy active | $1,000,000 per occurrence |
| Passenger in vehicle, trip active | Uber/Lyft $1 million commercial policy plus $1M uninsured/underinsured motorist | $1,000,000 + UM/UIM |
KEY ISSUE: Uber and Lyft designate their drivers as independent contractors, not employees, to limit vicarious liability. Florida courts apply the Martinez v. Pavex Corp. framework to evaluate actual control over driver behavior. Our attorneys subpoena app usage records, trip logs, and GPS data to establish which coverage tier applies and to challenge independent contractor designations where appropriate.
Commercial Truck Accident Liability in Tampa: FMCSA Framework
Tampa's position at the intersection of I-275, I-4, and I-75 makes it a major commercial trucking corridor. Crashes involving 18-wheelers, semi-trucks, and delivery vehicles are governed by both Florida negligence law and federal regulations administered by the Federal Motor Carrier Safety Administration (FMCSA). Our attorneys hold trucking companies accountable under both frameworks simultaneously.
FMCSA Hours of Service Violations
Under 49 CFR Part 395, commercial truck drivers are limited to 11 hours of driving within a 14-hour on-duty window, with mandatory 10-hour rest breaks. Trucking companies are required to maintain Electronic Logging Device (ELD) records for 6 months. Hours of Service violations, proven through ELD data, fuel receipts, and weigh station records, establish both negligence per se and employer liability.
Trucking Company Employer Liability
Under respondeat superior and the federal Graves Amendment (49 U.S.C. §30106), the trucking company that owns the vehicle is liable for driver negligence during the scope of employment. For leased equipment, FMCSA regulations at 49 CFR §376.12 create additional owner liability regardless of employment status.
Required Minimum Insurance for Commercial Trucks
Under FMCSA regulations at 49 CFR §387.9, interstate commercial trucks carrying general freight must carry a minimum of $750,000 in liability coverage. Trucks hauling hazardous materials require $5,000,000 minimum. These minimums far exceed standard auto coverage, making commercial truck cases some of the highest-value claims on the road.
Steps to Take After a Car Accident in Tampa
After a car accident, the steps you take immediately can determine the success of your injury claim and your recovery. The moments that occur after a motor vehicle accident are vital for safeguarding both your health and your legal rights. Taking the right actions promptly helps establish a solid foundation for compensation while ensuring you receive the proper medical care.
Seek Medical Attention Immediately
Do not wait to get medical care, even if you feel fine initially. Some injuries, like whiplash or traumatic brain injury, may not show symptoms immediately. Delayed treatment could affect your ability to file a personal injury claim. It may also give insurance companies ammunition to argue that your injuries were not serious.
Keep detailed records of all medical visits. Document treatment plans, prescriptions, and therapy sessions. These records will be crucial evidence in your case. If your injuries require ongoing treatment, your car accident attorney will work with medical professionals. They will document your future medical needs.
Documenting the Accident
Photos, videos, police reports, and witness names are all vital pieces of evidence. According to Florida law, a report must be filed for any accident that results in injury, death, or property damage that exceeds $500. The Florida Department of Highway Safety & Motor Vehicles is responsible for maintaining these reports. They become important evidence in your case.
Proper documentation makes your case stronger. It helps your car accident attorney build a compelling argument for compensation. Modern smartphones make it easier than ever to document accident scenes. However, many people are too shaken after a motor vehicle accident to think clearly about evidence collection.
Evidence That Wins Tampa Car Accident Cases
Car accident litigation in Florida is won on evidence quality. Insurance companies and defense attorneys challenge every damage claim. The more independently verifiable your evidence package, the higher the settlement value and the stronger the trial position.
| Evidence Type | Why It Wins Cases in Florida Courts |
|---|---|
| Event Data Recorder (Black Box / EDR) | Records vehicle speed, braking, throttle, seatbelt status in the 5 seconds before impact; subpoenaed immediately to prevent overwriting. |
| Cell Phone Tower and Carrier Records | Proves the at-fault driver was actively texting or calling at the moment of impact; admissible under F.S. §316.306. |
| Hillsborough County Traffic and Surveillance Cameras | HCSO, FDOT SunGuide, and private cameras capture the crash; must be preserved within 24 to 72 hours before footage is overwritten. |
| FLHSMV Crash Report (Long Form) | Contains officer's fault determination, citations issued, diagram, weather/road conditions, witness contacts; the foundation of every claim. |
| Accident Reconstruction Expert Report | Calculates speeds, braking distances, point of impact, and driver reaction times; required for disputed liability cases and jury trials. |
| Medical Records and Independent Medical Exam | Documents injury causation, severity, and prognosis; conflicts between treating physician and defense IME doctor are resolved at trial. |
| Dash Cam and Bodycam Footage | Increasingly available from other drivers, delivery vehicles, and law enforcement; often dispositive on liability. |
| Witness Statements (Written and Recorded) | Independent third-party accounts secured before memories fade or witnesses become unavailable. |
Types of Injuries Caused by Car Accidents
Car accidents can result in a wide range of injuries. Injuries can range from whiplash to traumatic brain injury. Our attorneys frequently handle spinal injury and TBI cases requiring long-term rehab. We collaborate with your medical team to ensure every cost is covered.
Whether you have minor injuries or life-altering trauma, we handle every car accident case with the same relentless dedication. We handle everything from minor soft tissue injuries to catastrophic conditions requiring lifetime care.
Traumatic Brain Injuries (TBI)
Traumatic brain injury represents one of the gravest outcomes resulting from motor vehicle accidents. TBIs can impact speech, memory, and cognitive function. Even what seems like a mild concussion can have serious long-term effects. These effects can affect a person's ability to work and maintain relationships.
The effects of traumatic brain injury often are not immediately apparent. This is why prompt medical attention after any auto accident is so important. Our car accident attorney team works with neurologists and other specialists. We document the full impact of traumatic brain injury on our clients' lives. We help clients recover compensation for all required medical care and rehabilitation.
Spinal Cord Injuries
Spinal cord injuries from motor vehicle accidents often require lifelong medical support. They can result in partial or complete paralysis. Victims may lose mobility and suffer chronic pain. The lifetime cost of caring for someone with a spinal cord injury can exceed millions of dollars.
We work to recover damages for hospital bills, therapy, and ongoing care. We also pursue compensation for medical equipment and home modifications. Our car accident attorney team understands the complex medical and financial aspects of spinal cord injury cases.
How to File a Car Accident Claim in Tampa
Filing a car accident claim means dealing with insurance companies and complex paperwork. In Florida, most claims start with your own Personal Injury Protection insurance. But if your injuries are serious, you may need to file a lawsuit against the other driver. Florida Statutes Section 95.11(3)(a) sets the deadline at two years to file most personal injury claims.
Our personal injury attorneys manage every step of this process. We handle all communication with insurance companies. We gather the necessary evidence and work with medical providers. We also ensure all deadlines are met. The claims process can be overwhelming when you are trying to recover from injuries.
No-Fault Insurance in Florida
Florida's no-fault law requires you to turn to your Personal Injury Protection coverage first. This happens regardless of who is at fault for the auto accident. PIP covers healthcare costs and income loss up to the policy's maximum. This is typically $10,000 for most drivers. However, this amount is often insufficient to cover the costs of serious injuries.
In cases of severe injuries that satisfy Florida's "serious injury threshold," it is possible to exit the no-fault system. You may pursue complete compensation from the driver who is at fault. This threshold includes permanent injury, significant scarring, or death. The statute of limitations in Florida is two years for most car crash claims.
Proving Fault in a Car Accident
When a case exceeds the scope of no-fault insurance, proving fault becomes crucial. We use advanced accident reconstruction to demonstrate fault. Witness testimony, skid marks, and vehicle damage all help tell your story.
Detailed crash reports are managed by Florida's Highway Safety and Motor Vehicles Department. These often contain crucial evidence. We also work with accident reconstruction experts. They can analyze skid marks, vehicle damage, and other physical evidence to determine the cause of the accident. This helps determine exactly how an auto accident occurred.
Uninsured and Underinsured Motorist (UM/UIM) Coverage: F.S. §627.727
Approximately 26% of Florida drivers carry no liability insurance beyond the minimum PIP requirement. When an uninsured or underinsured driver causes your crash, your own UM/UIM coverage under F.S. §627.727 becomes the primary recovery source. Florida does not require UM/UIM coverage, but insurers must offer it. If purchased, it follows you as a passenger in someone else's car and even in certain pedestrian and bicycle accident scenarios.
Our attorneys identify every available policy that might provide coverage: personal UM/UIM, employer umbrella policies if you were driving for work, rideshare platform UM coverage, and policies covering other household members. This stacking analysis frequently doubles or triples the available insurance recovery.
How UM/UIM Coverage Works After a Tampa Car Accident
If the at-fault driver has no insurance or carries only the minimum, your UM/UIM coverage bridges the gap between the at-fault driver's policy limit and your total proven damages. For example, if your damages are $200,000 and the at-fault driver has only $25,000 in liability coverage, your $100,000 UM/UIM policy pays the next $100,000, leaving $75,000 unpaid unless additional coverage exists.
Who Can Be Held Liable for a Car Accident in Tampa?
Multiple parties can be named as defendants in a single car accident case. Florida's modified comparative fault rule (F.S. §768.81) allows fault to be apportioned among several defendants simultaneously. Identifying all liable parties, not just the at-fault driver, is often the difference between partial and full recovery.
Negligent Drivers: Primary Defendant
The at-fault driver is liable for all damages caused by negligence, including speeding, distracted driving, DUI, and failure to yield. Florida's negligence per se doctrine applies when the driver violated a specific statute (F.S. §316.193 for DUI, F.S. §316.306 for texting, F.S. §316.183 for speeding). Punitive damages are available under F.S. §768.72 for DUI crashes or grossly reckless behavior.
Employers: Respondeat Superior and Negligent Entrustment
If the at-fault driver was operating a vehicle within the scope of employment, including delivery drivers, sales representatives, and company fleet vehicles, the employer is liable under respondeat superior. Even for off-duty drivers using a company vehicle with employer permission, negligent entrustment liability may apply if the employer knew or should have known the driver was incompetent.
Rideshare Companies: Uber/Lyft Phase-Dependent Liability
Uber and Lyft provide commercial coverage of up to $1 million per occurrence when a driver has accepted a trip or has a passenger in the vehicle. Coverage drops to contingent $50,000/$100,000 liability when the app is active but no ride is accepted. No coverage applies when the app is off. Platform records must be subpoenaed immediately to establish which phase the driver was in.
Government Entities: Defective Roads and Signals (F.S. §768.28)
If your crash was caused or worsened by a defective road, missing signage, malfunctioning traffic signal, or inadequate guardrail maintained by Hillsborough County, the City of Tampa, or FDOT, the government entity may be liable. Claims against government defendants are capped at $200,000 per person and $300,000 per incident under F.S. §768.28, and require written pre-suit notice within 3 years.
Dram Shop Liability: F.S. §768.125
Florida's dram shop law allows recovery from a bar, restaurant, or liquor store that willfully and unlawfully served alcohol to a minor who then caused a DUI crash, or that knowingly served a habitual drunkard. This liability is narrower than many states but applies to Hillsborough County nightlife establishments in Ybor City, SoHo, and Hyde Park.
Vehicle Manufacturers: Product Liability
If a defective vehicle component contributed to the crash or worsened your injuries, including defective brakes, tire blowouts, faulty steering systems, or airbag failures, the manufacturer and supply chain may be liable under strict product liability theory. Claims can be filed simultaneously with the negligence case against the driver.
Medical Malpractice in Car Accident Cases
When ER errors worsen your injuries, you may have a medical malpractice claim in addition to your auto injury case. When medical malpractice compounds the injuries from an auto accident, victims may have claims against both the at-fault driver and the healthcare providers.
Our car accident attorney team has experience handling complex cases. We handle both motor vehicle accidents and medical malpractice. We work with medical experts to identify when healthcare providers have fallen below the standard of care.
Compensation for Car Accident Victims in Tampa
Car accident victims in Tampa may be eligible for multiple types of compensation. This goes beyond what Personal Injury Protection provides. This includes money for medical care, lost wages, pain and suffering, and property damage. Some cases also involve future treatment costs and reduced earning capacity.
We work to recover full damages so clients can focus on recovery. The goal is to make you whole again. We want to restore you to the position you would have been in if the auto accident had never occurred.
Medical Bills and Rehabilitation Costs
Medical claims after a car accident can be enormous. This applies particularly to traumatic brain injuries and similar severe conditions. Rehabilitation, hospital stays, surgery, and doctor visits add up quickly. We help ensure all your medical bills are covered through the claim. This includes future medical expenses that may be needed for ongoing care.
For victims of traumatic brain injury, medical costs can continue for years. We collaborate with healthcare professionals to forecast future medical demands. We ensure these costs are included in any settlement or court award.
Lost Wages and Earning Capacity
If your injury keeps you from working, we help you recover lost income. We pursue compensation from both your Personal Injury Protection benefits and any additional compensation available through a lawsuit. If your injury limits your ability to work, we seek compensation for your future lost income. This is particularly important in cases involving traumatic brain injury.
Wrongful Death Claims After a Fatal Car Accident in Tampa
When a car accident results in death, the surviving family members may file a wrongful death claim under Florida's Wrongful Death Act (F.S. §768.16 through §768.26). The personal representative of the deceased's estate files the claim on behalf of all eligible survivors. The two-year statute of limitations runs from the date of death under F.S. §95.11(4)(d), not from the date of the accident.
Who May Recover in a Florida Car Accident Wrongful Death Case
Under F.S. §768.21, eligible survivors and their recoverable damages include:
- Surviving spouse: loss of companionship, protection, and mental pain and suffering; loss of support and services
- Minor children (under age 25): loss of parental companionship, instruction, guidance, and mental pain and suffering
- Adult children: loss of support and services when no surviving spouse exists
- Parents of a deceased minor: mental pain and suffering and funeral expenses
- Estate: medical and funeral expenses, lost net accumulations (future earnings the deceased would have saved)
NOTE: Florida's HB 837 (2023) also modified wrongful death claim eligibility for adult children in medical malpractice cases, but car accident wrongful death claims under F.S. §768.19 through §768.21 remain unchanged by HB 837.
Proven Results in Tampa Injury Cases
Our attorneys have recovered millions for accident victims and grieving families across the Tampa Bay area. Here are some of our notable results:
Top Result
$3M
Nursing Home Abuse
Bedsore & Malnutrition
$2.5M
Fatal Truck Accident
Wrongful Death
$2.5M
Slip & Fall
Restaurant Accident
$1.2M
Car Accident
Severe Injury
$960K
Trucking Accident
Fractured Femur & Herniated Discs
$875K
Auto Accident
Multiple Fractures
*Past results do not guarantee future outcomes. Every case is unique and must be evaluated on its own merits.
Why Choose Our Tampa Car Accident Lawyers?
Fiol & Morros Law Group has years of experience handling car accident claims in Tampa. We take on insurance companies and fight for your full recovery. Our lawyers have handled a wide range of cases, including trucking accidents, railroad accidents, and medical malpractice claims arising from car crashes.
We treat each case with care and work on a contingency basis. You do not pay unless we win. We are experts in personal injury law. We will be with you at every step of the process. Our car accident attorney team has the resources and experience to handle even the most complex motor vehicle accident cases.
Ready to discuss your Tampa car accident case?
(813) 223-0000Free consultation. No fee unless we win.
Frequently Asked Questions: Tampa Car Accident Lawyer
What should I do immediately after a car accident in Tampa?
Get medical help first, even if you don't think you're seriously injured. Document the scene with photos and gather witness details. Call a car accident attorney as soon as possible. Don't give recorded statements to insurance companies without legal representation.
How long do I have to file a car accident claim in Florida?
Under Florida Statutes Section 95.11(3)(a), you have two years to file a personal injury claim for most motor vehicle accidents. However, it is essential to act quickly because evidence can disappear, and witnesses' memories can fade.
Will my Personal Injury Protection cover all of my expenses after a car accident?
PIP covers part of your costs, but it has limited coverage amounts. For major injuries like traumatic brain injury, you may need to take legal action. This provides you with full compensation beyond what PIP offers.
How do I prove fault in a car accident case?
Your car accident attorney will gather crash reports from the Florida Department of Highway Safety & Motor Vehicles. They will also collect witness statements, expert testimony, and other proof to build your case.
How much will a car accident lawyer in Tampa cost?
We work on a contingency fee basis. You don't pay attorney fees unless we win your case. This means you can get experienced legal representation without worrying about upfront costs.
Can I sue for pain and suffering in a car accident case?
Yes, especially if your injuries meet Florida's threshold for serious injury. These non-economic damages can be significant. This is particularly true in cases involving traumatic brain injury or other life-altering conditions.
How did Florida's 2023 tort reform change car accident cases?
HB 837, signed March 24, 2023, converted Florida to modified comparative fault under F.S. §768.81. If you are more than 50% at fault, you recover nothing. It also reduced the personal injury statute of limitations from 4 years to 2 years for accidents on or after March 24, 2023. These changes make early evidence preservation and attorney involvement more critical than ever.
What is Florida's serious injury threshold and why does it matter?
Under F.S. §627.737, you can only sue the at-fault driver directly if your injury qualifies as: permanent injury within a reasonable degree of medical probability, significant and permanent loss of a bodily function, significant permanent scarring or disfigurement, or death. Without meeting one of these four criteria, you are limited to your $10,000 PIP benefits. Our attorneys work with your treating physicians and independent medical experts to document threshold-qualifying injury from the very first visit.
What if the driver who hit me was uninsured?
Your own Uninsured Motorist (UM) coverage under F.S. §627.727 covers you when the at-fault driver has no insurance or insufficient coverage. Florida does not require drivers to carry UM/UIM coverage, but if you purchased it, it applies. Our attorneys also review household member policies, employer policies if you were on duty, and any umbrella coverage that may apply to maximize your total recovery.
Can I sue Uber or Lyft if their driver caused my accident in Tampa?
Yes. If the Uber or Lyft driver had a passenger or had accepted a trip at the time of the crash, the platform's $1 million commercial liability policy applies. If the driver was logged into the app but had not yet accepted a ride, a contingent $50,000/$100,000 policy applies. If the app was off, only the driver's personal insurance applies. Trip logs, GPS data, and app records are subpoenaed to determine which coverage tier applies.
What is a black box and how does it help my car accident case?
Most vehicles manufactured after 2012 contain an Event Data Recorder (EDR), commonly called a black box, that records vehicle speed, braking input, throttle position, and seatbelt status in the 5 seconds before a crash. This data is often the most objective evidence in a disputed liability case. EDR data can be overwritten by subsequent events, so our attorneys send preservation letters and file emergency motions to prevent spoliation within days of the crash.
Can I sue the government if a pothole or broken traffic light caused my accident?
Yes, but government claims in Florida have specific requirements. Under F.S. §768.28, you must provide written pre-suit notice to the agency (Hillsborough County, City of Tampa, FDOT) within 3 years of the crash. Damages are capped at $200,000 per person and $300,000 per incident unless a claims bill is passed by the Florida Legislature. Government entities also have a 6-month window to investigate before you can file suit.
How long does a Tampa car accident case take to settle?
Most Tampa car accident cases with clear liability and documented injuries settle within 6 to 18 months from the date of the crash. Cases involving disputed liability, catastrophic injuries requiring maximum medical improvement (MMI) determination, or government defendants typically take 18 to 36 months or longer. Our attorneys advise against settling any case before you reach MMI, since settling early permanently closes your right to additional compensation for future medical needs.
Contact Our Tampa Car Accident Lawyers for a Free Consultation
If you've been injured in a car accident in Tampa, contact Fiol & Morros Law Group today. We offer a free consultation and work on a "No Fees Unless We Win" basis. Let us protect your rights and help you recover the compensation you are entitled to. Our experienced car accident attorney team is ready to fight insurance companies on your behalf. We'll get you the full compensation you need to recover from your motor vehicle accident.
Don't wait to get the legal help you need. Insurance companies start working on your case immediately. You should, too. Call now to get started with a trusted Tampa car accident lawyer.
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