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David Graham Insurance Lawyers, P.A.

Jacksonville, FL Personal Injury Lawyers

Hurt in an accident? Start with what happened.

After a crash, fall, or serious injury in Jacksonville or Northeast Florida, we help injured people understand fault, available insurance, medical documentation, and what may come next.

14 YearsRepresenting Policyholders
Jacksonville officeDowntown access
Free case reviewsNo upfront cost
Contingency feesNo fee unless we win

What to do after an accident in Florida

The first days shape the whole claim.

What you do at the scene and in the days after a crash, fall, or injury can protect your health and the evidence a claim depends on. If you are safe enough to do so, this is a practical order to work through.

01

Get to safety and check for injuries

Move out of harm's way if you can, and check yourself and others. Call 911 for injuries, a crash with damage, or a dangerous scene.

02

Report it and get an official record

A police crash report or a store or property incident report documents what happened, who was involved, and an early view of fault.

03

Photograph everything

Vehicle damage, the hazard or scene, positions, license plates, signs, the floor or ground condition, injuries, and wide-angle shots.

04

Exchange and collect information

Names, phone numbers, license and plate details, insurance for any driver, and the manager or owner for a store or property.

05

Find witnesses

Get names and numbers of anyone who saw it happen. Independent witnesses can matter when fault is disputed later.

06

Get medical care within 14 days

Adrenaline masks injury. In Florida, auto-crash PIP benefits generally require initial medical care within 14 days — and prompt care ties the injury to the incident.

07

Notify your own insurer

Report the incident promptly and factually. You can report it without giving a recorded statement about fault or injuries.

08

Be careful what you sign or say

Avoid recorded statements to the other insurer, broad medical authorizations, or early settlements before you understand the claim.

When the insurer starts building its file

Your recovery is personal. The insurance process is not.

While you are treating and trying to get back to normal, insurers may already be collecting statements, reviewing fault, questioning treatment, and measuring the claim against the smallest possible version of what happened.

01

Fault disputed

The insurer argues that you caused or contributed to the accident — using reports, photos, witnesses, conditions, and Florida comparative-fault rules.

02

Injury minimized

The crash or incident is described as too minor to explain your symptoms or treatment.

03

Treatment questioned

Care, medical bills, prior conditions, or treatment gaps are used to reduce the claim.

04

Early offer

A settlement is offered before your full recovery, work impact, or future care is known.

Reviewing accident and insurance paperwork
The claim file

How fault affects a Florida injury claim

Being partly at fault is not the end of the claim.

Florida's modified comparative fault, in plain terms

As of a 2023 change to Florida law, most negligence claims follow a "modified comparative fault" rule. If you share some blame, your recovery is reduced by your percentage of fault — but a person found more than 50% at fault generally cannot recover damages in claims covered by the statute.

Because a few percentage points can change a claim substantially, insurers often push to assign you more fault than the evidence supports. The incident report, scene photos, witnesses, property or road conditions, and medical records should all be weighed before accepting an insurer's version of who was responsible.

Example

$100k → $80k

A claim valued at $100,000 where you are found 20% at fault would generally be reduced to $80,000. If you are found more than 50% at fault, recovery may be barred entirely.

Illustrative only. Actual outcomes depend on the specific facts, evidence, and law.

Florida filing deadlines

In Florida, the clock usually starts at the injury.

Personal injury claims come with legal deadlines. Miss the one that applies, and an otherwise strong claim can be lost — which is why it is worth asking early rather than assuming a date.

2 yr

Personal injury

Under Florida's 2023 change, many negligence actions for injury must be filed within two years of the incident.

2 yr

Wrongful death

Wrongful-death claims also generally fall under a two-year window, measured from the death.

14 days

PIP medical care

For auto crashes, Florida no-fault (PIP) benefits generally require initial medical care within 14 days.

Varies

Exceptions

Minors, government defendants, medical negligence, and discovery rules can change the deadline that applies.

These are general timeframes, not legal advice. The deadline that applies to a specific case depends on the facts and parties, so confirm it early — a free review can help.

Check my deadline — free review
Calendar and clock representing filing deadlines
Ask before the date passes

Common myths about injury claims

What people believe, and what's usually true.

A few assumptions cause injured people to wait too long, say too much, or walk away from a valid claim. Here is how some of the most common ones tend to hold up.

Myth

"If I wasn't badly hurt at the scene, I don't have a claim."

Usually

Many serious injuries — concussions, soft-tissue, disc — surface hours or days later. Prompt care documents the link.

Myth

"The insurance adjuster is on my side and will treat me fairly."

Usually

The adjuster's job is to resolve the claim for as little as possible. Friendly is a strategy, not a promise of fair value.

Myth

"I was partly at fault, so I can't recover anything."

Usually

Under Florida comparative fault, you can still recover if you're 50% or less at fault — your share just reduces the amount.

Myth

"Hiring a lawyer means an expensive, drawn-out lawsuit."

Usually

Most injury cases resolve through negotiation, and the work is done on contingency — no fee unless there's a recovery.

Myth

"There's no rush — I can file whenever I'm ready."

Usually

Florida deadlines are strict, and auto PIP benefits generally require care within 14 days. Waiting can quietly cost the claim.

Medical imaging and treatment after an injury
The diagnosis is a starting point

Common injuries after serious accidents

The diagnosis is only the beginning of the story.

An injury claim should explain the medical condition, the treatment it requires, the work it interrupts, developing symptoms, and the ways the injury changed everyday life.

Head, neck & back

Symptoms may develop after the incident.

Concussions, traumatic brain injuries, whiplash, disc and nerve injuries, headaches, dizziness, and cognitive changes.

Fractures & surgery

Recovery can extend far beyond the ER.

Broken bones, joint injuries, torn ligaments, internal injuries, surgery, rehabilitation, limited mobility, and time away from work.

Soft tissue & internal

Not every injury shows on the first scan.

Sprains, strains, disc injuries, internal or organ injuries, and pain that develops or worsens in the days after the incident.

Permanent & fatal harm

Some losses change a family's future.

Spinal injuries, disability, disfigurement, chronic pain, reduced independence, permanent restrictions, and wrongful death.

From injury to claim value

The complete claim may reach beyond the first offer.

An insurer may focus on immediate bills or a quick settlement figure. A complete review considers every supported way the injury has affected health, work, finances, and daily life.

Past & future medical care

Emergency treatment, hospital care, specialists, imaging, therapy, surgery, rehabilitation, and long-term needs.

Lost income & earning ability

Missed work, reduced hours, job restrictions, career disruption, and diminished ability to earn.

Pain & loss of normal life

Physical pain, emotional strain, sleep disruption, activity limits, and changes to daily routines.

Out-of-pocket & family loss

Transportation, prescriptions, household help, property damage, permanent injury, and wrongful-death losses.

Recoverable damages depend on the facts and law. These are review categories, not a promise that each applies.

Mechanic inspecting a vehicle after collision repairs
Repaired is not the same as whole

Diminished value after a car accident

A repaired car is often worth less than before the crash.

If your claim involves a vehicle, there's a loss that's easy to miss: even a well-repaired car can lose market value simply because it now has an accident on its history. In Florida, that lost "diminished value" may be part of an auto claim, separate from your injury claim.

Inherent diminished value

The stigma of an accident history.

The drop in resale value that remains after quality repairs, because buyers pay less for a car with a reported collision.

Repair-related diminished value

When the repair itself falls short.

Value lost because repairs were incomplete, used lesser parts, or could not fully restore the vehicle.

What supports the claim

Evidence of the loss.

Pre-crash value, repair records, the accident report, mileage and condition, and an independent valuation can support a diminished-value figure.

Dealing with the insurance adjuster

The friendly first call has a purpose.

An adjuster's job is to resolve the claim for as little as possible. That is not personal — it is the business. Knowing what to do, and what not to do, helps protect the claim while your injuries and losses are still developing.

Reasonable to do
  • Report the incident to your own insurer promptly and factually.
  • Keep records: reports, photos, bills, letters, and a simple timeline.
  • Get and continue medical care, and follow the treatment plan.
  • Write down claim numbers, adjuster names, and what was said.
  • Ask questions before agreeing to anything, and take your time.
Be cautious before you
  • Give a recorded statement to the other party's insurer.
  • Sign a broad medical authorization releasing your full history.
  • Accept a fast settlement before you know your full recovery.
  • Guess about fault, injuries, or details you are unsure of.
  • Say "I'm fine" or downplay symptoms that are still developing.

You are generally not required to give the other party's insurer a recorded statement, and a free review can help you understand any request before you respond.

How we handle personal injury claims

A clear case review before the next move.

Injury claims get harder when fault evidence, medical care, insurance coverage, work impact, and the insurer's position are not organized around the issue being challenged.

01

Listen to what happened and identify urgent issues

We begin with the incident, injuries, treatment, insurance contact, deadlines, and evidence that may need to be preserved.

02

Review responsibility, coverage, and evidence

Reports, photos, witnesses, video, property conditions, driver or company information, and insurance policies help define the case.

03

Document the injury and its effect on life

Medical records, bills, treatment plans, work loss, limitations, and future needs connect the event to the complete harm.

04

Build, present, and litigate when necessary

The presentation connects responsibility, available insurance, medical proof, and financial losses — and we litigate if the insurer will not resolve it fairly.

About the attorneys

The people reviewing the claim matter.

Before you share the details of an insurance dispute or injury, it helps to know who is reviewing the problem. Our attorneys focus on what happened, what the insurance company has said, and what evidence may matter next.

Client reviews

★★★★★

“With this firm you are not just a number. You will be treated with compassion, respect and dignity. They are not afraid to fight aggressively for their clients. I highly recommend them.”

Lyne K. · Google Review

★★★★★

“David personally met me and agreed to take my case. He and Thomas did an amazing job fighting a huge insurance company. If you’re looking for a lawyer who cares about his clients and less about making a buck, this man is your choice.

Shawn L. · Google Review

★★★★★

“David was compassionate, caring, and he will fight hard for you. They stayed on top of my case and took care of me. Laura is amazing as well. A true gem! If you want someone who cares to represent you, call David.

Hannah L. · Google Review

David M. Graham, Esq.

David M. Graham, Esq.

Founder / Lead Attorney

Focused on helping policyholders understand coverage, valuation, and the evidence a claim depends on before the next move is made.

Thomas Eross, Jr., Esq.

Thomas Eross, Jr., Esq.

Attorney at Law

Brings steady communication and practical review to policy language, claim documentation, and insurance disputes.

Client stories

Hear the story, not just the star rating.

Hurricane damage

“They fought for us the whole time”

This association almost lost hope when their insurance company denied their claim after suffering significant hurricane damage.

Fred B. · ★★★★★ Client Review

Insurance claim

“The damage was significant.”

A bigger problem than they realized. Hear why clients trust us to handle their insurance claim disputes, even referring their own friends and family.

Melissa J. · ★★★★★ Client Review

Property damage

“The walls were buckling.”

She was forced to leave her home. The insurer caused extensive damage by condemning it — we got her compensated for her damages.

Julie K. · ★★★★★ Client Review

Local presence

A Jacksonville office when you need clear direction.

Many reviews can begin by phone or online. If an in-person meeting becomes helpful, our downtown Forsyth Street office is here.

David Graham Insurance Lawyers, P.A.

Office210 E Forsyth St
Jacksonville, FL 32202
Service reachJacksonville, Duval County, Orange Park, Fleming Island, Ponte Vedra, St. Augustine, the Beaches, and surrounding Northeast Florida.
Roadway contextClaims across I-95, I-10, I-295, J. Turner Butler, Beach, Atlantic, and Blanding Boulevards, and downtown streets.
How to beginShare reports and medical records online, by phone, or through an in-person appointment.
Jacksonville downtown office

What it costs to hire us

No fee unless we win.

Personal injury cases are handled on a contingency fee, so the decision to get help does not depend on what you can pay today. The fee comes from the recovery, not out of your pocket up front.

$0

To start

The initial case review is free, and there is no up-front charge to begin working on your claim.

$0

If there's no recovery

If the case does not result in a recovery, you do not owe an attorney fee for the work.

%

Only if we win

The fee is an agreed percentage of the recovery, explained clearly in writing before you decide to move forward.

Costs and fee terms are set by written agreement and are explained before you sign. This is general information, not a fee quote or legal advice.

Personal injury help

Tell us what happened and how you were hurt.

Explain the accident or unsafe condition, where and when it happened, the medical care you received, and what any insurance company has said so far. Bring what you have — a case review does not require a perfect file.

Car and truck accidents
Unsafe property and falls
Serious and permanent injuries
Disputed fault or causation
Low settlement offers
Wrongful death questions

Start here

Free Personal Injury Case Review

ContactStep 1 of 4

How can our team reach you?

Start with the accident or injury.

Where and when did it happen?

Describe the injury and what has happened since.

All questions are required so we have enough information to begin reviewing your case.

Initial reviews are free. If we can assist, we will explain the next steps and any fee arrangement before you decide whether to move forward.

Jacksonville personal injury lawyer FAQ

Questions injured people ask before calling.

Many people call after a crash, fall, unsafe property injury, truck accident, or serious injury. Others call when an insurer requests a statement, disputes fault, minimizes treatment, or makes an early settlement offer.

Under a 2023 change, many Florida negligence actions must generally be filed within two years, but the correct deadline can change based on the claim, parties, age of the injured person, government involvement, medical negligence, and discovery rules. Auto claims may also involve much earlier PIP treatment requirements.

Florida is a no-fault auto state, so your own Personal Injury Protection (PIP) coverage generally pays initial medical bills regardless of fault. To use PIP benefits, you typically must seek initial medical care within 14 days of the crash.

Florida uses modified comparative fault in many negligence actions. Fault can reduce a recovery, and a person found more than 50% at fault generally may not recover damages in covered actions. The evidence should be reviewed before accepting an insurer's percentage.

Be careful before giving a detailed or recorded statement, accepting payment, or signing a release. A free review can help you understand what the request may affect.

Symptoms can develop or become clearer over time. Medical care, follow-up records, imaging, and a consistent account of how symptoms changed may matter to the claim.

Depending on the facts, a claim may involve medical expenses, future treatment, lost income, reduced earning ability, pain, limitations, property damage, out-of-pocket costs, permanent injury, or wrongful-death losses.

Helpful items may include reports, photographs, videos, witness information, medical records, bills, insurance letters, policy information, settlement offers, work-loss records, and a simple timeline.

The initial review is free. If we can assist, we will explain the next steps and any fee arrangement before you decide whether to move forward.

Car accident & insurance terms explained

The words insurers use, in plain English.

A quick reference for terms that show up in personal injury and auto claims and insurance letters in Florida.

Personal Injury ProtectionPIP
Florida no-fault coverage that pays a portion of your own medical bills and lost wages after an auto crash, regardless of fault, if care begins within 14 days.
Comparative fault
How Florida splits responsibility. Your recovery drops by your share of fault, and is generally barred if you are found more than 50% at fault.
Uninsured / underinsured motoristUM / UIM
Coverage on your own policy that can apply when the at-fault driver has no insurance or not enough to cover your losses.
Medical payments coverageMedPay
Optional coverage that helps pay crash-related medical bills regardless of who was at fault, up to your policy limit.
Bodily injury liabilityBI
The at-fault driver's coverage for injuries they cause to others. Policy limits often shape what a claim can recover.
Diminished value
The market value a vehicle loses simply because it now has an accident on its history, even after quality repairs.
Subrogation
When an insurer that paid your bills seeks reimbursement from the at-fault party or their insurer out of your recovery.
Demand letter
A written presentation of your claim — the facts, injuries, losses, and amount sought — sent to the insurer to open serious negotiation.
Total loss
When repair costs exceed a set portion of the vehicle's value, so the insurer pays its pre-crash value instead of repairing it.
Recorded statement
A recorded account of the crash requested by an insurer. You are generally not required to give one to the other driver's insurer.
Statute of limitations
The legal deadline to file a claim. Under Florida's 2023 change, many injury actions must be filed within two years, with exceptions.

Plain-language summaries for general information, not legal advice. How a term applies depends on your policy and the facts of your case.

Injured in Jacksonville or Northeast Florida?

Start with a free case review.

Tell us what happened, where it happened, how you were hurt, and what the insurance company has said so far.