Tampa Car Accident Lawsuit: Basics (2026)

Who Can Be Held Liable After a Tampa Car Crash?

If you suffered injuries that allow you to file a Tampa car accident lawsuit, you will need to prove that another party was responsible for the crash.

Liable parties can be:

• Another driver
• Auto manufacturers, if a part malfunctioned and caused the collision
• Government entities in charge of maintaining the road

Other third parties who might have contributed to the accident may also be liable.

Understanding Florida's No-Fault Insurance System

Most states in America are “at-fault” states for car insurance. In at-fault states, the driver at fault is responsible for injuries and property damage sustained by the other party.

No-fault states work a bit differently. As a no-fault state, Florida requires drivers to hold personal injury protection (PIP) insurance policies, along with property damage liability (PDL) insurance.

Personal Injury Protection (PIP) Insurance

PIP covers 80% of your medical expenses (up to your policy limit) regardless of who caused the crash. It will also typically cover 60% of lost wages. Florida requires drivers to have a minimum of $10,000 in PIP coverage.

Property Damage Liability (PDL) Insurance

PDL pays for damage you cause to another driver’s vehicle and other property. Florida also requires drivers to have at least $10,000 in PDL insurance.

When Can You File a Car Accident Lawsuit in Tampa?

Florida is a “no-fault” state for auto insurance, so you can’t always sue the at-fault party for damages. After an accident, you generally must go through the following steps:

• File a claim with your PIP coverage
• File a claim against the other driver’s insurance for any remaining economic damages PIP doesn’t cover

In Florida, you may only file a lawsuit to recover damages for pain and suffering if your injury meets the statutory definition of “serious.” Florida law classifies your injury as “serious” if it includes one or more of the following:

• Permanent, significant loss of a bodily function
• Major, permanent scarring or disfigurement
• A permanent injury other than scarring/disfigurement
• Death

Florida’s “serious injury threshold” is more restrictive than that of many other states. If you intend to file a lawsuit to recover damages for pain and suffering, you must be able to show the court that your injuries are legally considered serious.

This is where having the help of an experienced attorney becomes so important. A skilled lawyer will be able to review your case, tell you if your injuries meet the threshold, and help you file a lawsuit if they do.

How to Start a Car Accident Lawsuit in Tampa

The first thing to do is to hire a lawyer to represent you. They can help you send a demand letter. You’ll need to present substantial evidence that shows your injuries are serious enough to step outside of no-fault laws and that the other party was responsible for the crash.

If you can’t reach a settlement with the other party, you can file an official complaint with the court to start the lawsuit.

Filing Deadlines and Notice Requirements in Florida

In Florida, the statute of limitations for car accidents is two years. If you’re filing against a government entity, however, you must send a notice of your intention to do so. They will then have 180 days to respond.

What Types of Damages You Can Recover in Tampa Lawsuits

As in Tampa motorcycle accident claims, car accident lawsuits can include both economic and non-economic damages. Economic ones compensate you for your medical expenses, property damage and lost wages. Non-economic damages address pain and suffering and your loss of enjoyment of life.

How Evidence Is Collected in a Tampa Car Lawsuit

Gathering evidence at the scene of the accident right after it occurs is vital. You can take photos and videos, and get statements from witnesses. Your lawyer can help you collect your medical records and information on your total losses. When you begin the lawsuit, you can get further evidence via the discovery phase.

What Happens During Negotiations or Trial?

Here’s an overview of the lawsuit process and how it works:

Filing a Complaint

Your lawyer must serve a copy of the lawsuit to the at-fault party. Generally, the at-fault party has 20 days to respond.

Discovery Phase

This is when both sides gather and share evidence. That evidence could include documents, depositions (recorded interviews) and interrogatories (written questionnaires).

Continued Negotiations

Once your lawyer files a lawsuit, there’s still a chance that your case will settle before trial. Both sides will typically continue negotiations, especially if unexpected evidence is revealed during discovery.

Trial Process

If the case goes to trial, both sides argue their cases before a judge and jury. The court will decide whether the other party is liable (and how much compensation they owe you if they are).

Start a Tampa Car Accident Lawsuit

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