Common Defense Tactics in Florida Personal Injury Cases (and How to Overcome Them)

When you’ve been injured in Florida due to someone else’s negligence, you might think the process is straightforward: prove the accident happened, show your injuries, and get compensated. Unfortunately, insurance companies and defense lawyers don’t see it that way. Their job is to minimize payouts—or deny your claim outright.

Understanding the common defenses insurers use in Florida personal injury cases can help you prepare, protect your rights, and strengthen your case.

1. Comparative Negligence – Blaming the Victim

One of the most common defenses is to argue that you were partly or mostly at fault for the accident.

• What it means in Florida now: After the 2023 tort reform (HB 837), Florida follows modified comparative negligence. If you’re 51% or more at fault, you cannot recover damages at all. Even if you’re less than 51% at fault, your compensation will be reduced by your percentage of fault.

• Example: In a car crash, the defense may claim you were speeding, distracted, or failed to use a turn signal—even if their driver clearly caused the collision.

How to fight back: Collect evidence early—photos, witness statements, police reports, black box data. An experienced attorney can reconstruct the accident and use expert testimony to minimize or defeat unfair fault claims.

2. Pre-Existing Conditions

Insurers often argue that your pain or medical bills are related to prior injuries, not the accident.

• Example: If you had an old back injury, they may claim your current herniated disc was not caused by the crash.

• Florida law: Defendants are only responsible for the harm they caused or aggravated. If the accident worsened a pre-existing condition, you can still recover.

How to fight back: Consistent medical records, diagnostic imaging, and treating physician testimony can show how the accident made your condition worse, even if you weren’t perfectly healthy beforehand.

3. Failure to Seek Medical Treatment Promptly

Florida’s 14-day PIP rule requires you to get medical treatment within 14 days of a crash to qualify for Personal Injury Protection benefits. Insurance companies use treatment delays to suggest your injuries weren’t serious—or weren’t caused by the accident.

How to fight back: Always seek immediate care, even if you feel “fine.” If you delayed treatment, your attorney can connect your symptoms to the accident through medical expert reports and witness testimony.

4. Causation Challenges

Defense attorneys often argue your injuries weren’t caused by the accident at all. They may point to other life events, age, or unrelated health conditions.

How to fight back: Detailed medical documentation, expert testimony, and accident reconstruction evidence help establish a direct link between the crash and your injuries.

5. Assumption of Risk

In some cases (sports, recreational activities, certain waivers), the defense may argue that you “assumed the risk” of injury by participating.

How to fight back: Waivers don’t protect defendants from ordinary negligence or reckless conduct. Florida courts scrutinize assumption-of-risk defenses closely, especially when the defendant’s conduct went beyond what was reasonably foreseeable.

6. Failure to Mitigate Damages

The defense may argue you made your injuries worse by not following doctor’s orders, skipping appointments, or refusing recommended treatment.

How to fight back: Stay consistent with medical treatment and keep a record of all appointments, therapies, and prescriptions. If you had good reason to decline certain treatments (cost, risks, or medical advice), your attorney can present this context.

7. Procedural Defenses

Sometimes insurers focus on technicalities rather than facts. They may argue:

• The lawsuit was filed after the 2-year statute of limitations (post-2023 reform).

• The complaint doesn’t state a cause of action properly.

• The wrong party was sued.

How to fight back: Working with a knowledgeable personal injury attorney ensures deadlines are met, filings are accurate, and procedural loopholes don’t cost you your case.

Protecting Yourself Against Common Defenses

Insurance companies know the playbook—they’ll use any argument to reduce or deny your claim. But being prepared is half the battle.

• Document everything from day one.

• Get medical care early and follow your doctor’s instructions.

• Stay off social media while your case is pending - posts can be twisted against you.

• Work with an attorney who knows Florida’s updated laws and can anticipate insurer tactics.

  
  

Get Help Fighting Back, Hire Injury Claim Attorney

At Injury Claim Attorney, PLLC, we know how insurance companies defend personal injury claims—and we know how to defeat them. If you’ve been hurt in a Florida accident, don’t face these tactics alone.

Call us today at 407-871-3777 or email attorney@injuryclaimattorney.com for a free consultation.