Personal Injury FAQ — Florida Law | Juan Cordero Lawyers

Question 1

How long do I have to file a personal injury lawsuit in Florida?

Accepted Answer

Florida's statute of limitations for most personal injury claims is two years from the date of the injury. This deadline was shortened from four years in 2023. Missing it almost always means losing your right to recover any compensation — no matter how strong your case. Wrongful death claims also carry a two-year deadline. Medical malpractice has its own rules and can be shorter. If a government entity is involved, you may have as little as three years to file a notice of claim. Call us immediately — the clock starts the day you are injured.

Question 2

How much does it cost to hire Juan Cordero Lawyers?

Accepted Answer

Nothing upfront — and nothing at all unless we win. We handle all personal injury cases on a contingency fee basis. That means we advance all costs of the case — filing fees, expert witnesses, medical record retrieval, depositions — and we only get paid if we recover money for you. Our fee is a percentage of the recovery, agreed upon before we begin. If we do not win, you owe us nothing.

Question 3

What should I do immediately after a car accident in Florida?

Accepted Answer

First, call 911 and get a police report — this is critical evidence. Seek medical attention immediately, even if you feel fine; adrenaline masks pain and injuries often appear hours or days later. Document everything: photograph the scene, vehicles, road conditions, and your injuries. Get the other driver's insurance information and the names of any witnesses. Do not give a recorded statement to any insurance company — including your own — before speaking with an attorney. Insurance adjusters are trained to minimize your claim. Call us before you talk to anyone.

Question 4

Do I have a case if I was partially at fault for my accident?

Accepted Answer

Possibly — but Florida's comparative negligence law changed significantly in 2023. Under the new modified comparative fault rule, if you are found more than 50% at fault, you cannot recover any damages. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. For example, if you are 30% at fault and your damages are $100,000, you can recover $70,000. Insurance companies will try to assign you as much fault as possible to reduce or eliminate their payout. An experienced attorney can counter that strategy.

Question 5

How long will my personal injury case take?

Accepted Answer

It depends on the complexity of your case and whether it settles or goes to trial. Simple cases with clear liability and documented injuries can settle in three to six months. Cases involving serious injuries, disputed liability, or multiple defendants often take one to three years. We never pressure clients to accept a low settlement just to close a file quickly. Our goal is the maximum recovery — even if that means going to trial.

Question 6

Florida is a no-fault state — does that mean I can't sue after a car accident?

Accepted Answer

No. Florida's no-fault system means your own Personal Injury Protection (PIP) insurance pays your initial medical bills and lost wages regardless of who caused the accident. But you can still sue the at-fault driver if your injuries meet the 'serious injury' threshold — permanent injury, significant scarring or disfigurement, or death. Most significant injuries qualify. PIP only covers 80% of medical bills up to $10,000 — far less than what serious injuries actually cost. A lawsuit against the at-fault driver is often the only way to recover full compensation.

Question 7

What damages can I recover after a car accident?

Accepted Answer

You may be entitled to: medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, property damage, and in some cases punitive damages if the other driver was drunk or acted with gross negligence. Florida eliminated the cap on non-economic damages in personal injury cases in 2023, which can significantly increase the value of serious injury claims.

Question 8

Can I sue a trucking company after a commercial truck accident?

Accepted Answer

Yes — and you often should. Trucking accidents frequently involve multiple liable parties: the driver, the trucking company, the cargo loader, the truck manufacturer, and the maintenance company. Federal regulations govern commercial trucking — hours of service, weight limits, inspection requirements — and violations of those rules can establish negligence. Trucking companies carry much larger insurance policies than individual drivers. We investigate the full chain of liability to maximize your recovery.

Question 9

What if the at-fault driver has no insurance or minimal coverage?

Accepted Answer

Your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes critical. Florida does not require drivers to carry bodily injury liability insurance, which means many drivers on Treasure Coast roads have no coverage at all. If you have UM coverage, your own insurer steps in to cover the gap. We handle UM claims aggressively — your own insurance company is not on your side in these disputes. We also investigate whether other parties share liability: property owners, government entities responsible for road conditions, or employers of the at-fault driver.

Question 10

What do I need to prove in a slip and fall case in Florida?

Accepted Answer

Florida's premises liability law requires you to prove that: (1) the property owner or occupier owed you a duty of care, (2) a dangerous condition existed on the property, (3) the owner knew or should have known about the condition, and (4) the condition caused your injury. The 'knew or should have known' element is often the hardest to prove — which is why evidence preservation is critical. Surveillance footage, incident reports, maintenance logs, and witness statements must be secured quickly. We act fast to preserve this evidence before it disappears.

Question 11

Can I sue a business if I slipped on a wet floor?

Accepted Answer

Yes, if the business was negligent. A wet floor alone is not enough — you must show the business knew or should have known about the hazard and failed to fix it or warn you. Evidence matters enormously: Was there a wet floor sign? How long had the floor been wet? Were there prior complaints? Was the floor improperly maintained? We investigate all of these questions. Florida law also requires you to prove the business had 'actual or constructive knowledge' of the dangerous condition — a standard we know how to meet.

Question 12

What is HIE and can I sue for it?

Accepted Answer

Hypoxic-Ischemic Encephalopathy (HIE) is brain damage caused by oxygen deprivation during or around birth. It is often caused by medical negligence — a delayed C-section, failure to monitor fetal heart rate, improper use of forceps or vacuum, or failure to respond to signs of fetal distress. HIE can cause cerebral palsy, developmental delays, seizure disorders, and lifelong disability. If your child suffered HIE, you may have a claim against the delivering physician, the hospital, or both. These cases require specialized medical experts and must be filed within strict deadlines. Call us immediately.

Question 13

How long do I have to file a birth injury lawsuit in Florida?

Accepted Answer

Florida's medical malpractice statute of limitations is generally two years from when you discovered — or should have discovered — the injury. For birth injuries to a child, the deadline can extend to the child's eighth birthday in some circumstances. However, there is also a four-year statute of repose that can cut off claims regardless of discovery. These deadlines are complex and there are exceptions. Do not wait — contact us as soon as you suspect your child's injury was caused by medical negligence.

Question 14

What is a delayed C-section claim?

Accepted Answer

When a fetus shows signs of distress — abnormal heart rate patterns, meconium in the amniotic fluid, prolonged labor — medical standards require prompt action, often an emergency C-section. A delayed C-section can deprive the baby of oxygen for critical minutes, causing permanent brain damage. If your child suffered a birth injury and the medical team delayed a necessary C-section, you may have a strong malpractice claim. We work with leading obstetric experts to evaluate these cases.

Question 15

What is a negligent security claim?

Accepted Answer

Property owners — apartment complexes, hotels, shopping centers, parking garages, nightclubs — have a legal duty to provide reasonable security to protect visitors from foreseeable criminal acts. When they fail to do so and someone is assaulted, shot, or robbed as a result, the property owner can be held liable. Our firm has recovered over $28.9 million in a single negligent security verdict. These cases require proving that the crime was foreseeable — typically through prior incidents on or near the property — and that better security measures would have prevented it.

Question 16

Can I sue a landlord or apartment complex if I was attacked on the property?

Accepted Answer

Yes, if the attack was foreseeable and the property owner failed to provide adequate security. Courts look at prior criminal incidents on the property, the adequacy of lighting, locks, fencing, security cameras, and security personnel. Apartment complexes in high-crime areas have a heightened duty to protect residents. We have handled numerous negligent security cases resulting in multi-million dollar recoveries. If you were attacked at an apartment complex, hotel, parking lot, or any commercial property, call us.

Question 17

Will I have to go to court?

Accepted Answer

Most personal injury cases settle before trial — typically 90-95% of cases. However, we prepare every case as if it will go to trial. Insurance companies know which attorneys are willing to try cases and which are not. Our trial record — including a $28.9 million verdict — means insurers take our demands seriously. If a fair settlement cannot be reached, we will take your case to a jury. You will never be pressured to accept a settlement you are not satisfied with.

Question 18

Do you come to me if I am injured and cannot travel?

Accepted Answer

Yes. If you are hospitalized, recovering at home, or otherwise unable to come to our office, we come to you. We have met with clients at hospitals, rehabilitation centers, and private residences throughout Martin County, St. Lucie County, and the Treasure Coast. There is no extra charge for this. Call us and we will arrange a visit at your convenience.

Question 19

Do you handle cases in Spanish?

Accepted Answer

Yes. Attorney Juan Cordero is fully bilingual in English and Spanish. Our team also serves clients in Portuguese, French, Haitian Creole, Italian, and Greek. The Treasure Coast has a large and growing Hispanic community, and we believe every injured person deserves aggressive representation regardless of language. Hablamos Español — and we mean it.

Question 20

What makes Juan Cordero different from other personal injury lawyers in Martin County?

Accepted Answer

Three things: trial record, local roots, and personal attention. Attorney Cordero has been practicing Florida personal injury law since 1999 — before most firms in this area existed. He is a 2-time combat veteran, an adjunct professor at Indian River State College in Fort Pierce, and a recognized member of the Treasure Coast community. He is a Top 100 Trial Lawyer with a $28.9 million verdict. He is not a settlement mill — he tries cases. And unlike large firms where your case is handed to a paralegal, Attorney Cordero personally handles your matter. You get the lawyer, not a case manager.

Question 21

What is the 19th Judicial Circuit and how does it affect my case?

Accepted Answer

The 19th Judicial Circuit covers Martin, St. Lucie, Indian River, and Okeechobee counties. Your case will be filed in the circuit court for the county where the accident occurred. Attorney Cordero has practiced in the 19th Circuit for years and knows the local judges, procedures, and tendencies. Local knowledge matters — it affects case strategy, jury selection, and settlement negotiations. You want an attorney who knows this courthouse, not one who flies in from Miami for your trial.

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