What to look for in a Boca Raton car accident attorney
A car accident attorney in Boca Raton should have experience handling claims in Palm Beach County courts and knowledge of Florida's insurance rules. The attorney should work on contingency — meaning you pay nothing unless they recover money for you — and should be willing to explain their fee structure upfront, typically 33% to 40% of what you receive.
Ask whether the attorney has handled cases similar to yours: single-vehicle accidents, multi-car collisions, injuries, or property damage only. An attorney who regularly negotiates with the insurance companies operating in South Florida will know their settlement patterns and how aggressively they defend claims.
Check whether the attorney is licensed to practice in Florida and in good standing with the Florida Bar. You can verify this on the Florida Bar website. Ask how long they have been practicing and whether they have handled cases that went to trial, not just settled before court.
Key Takeaways
- A contingency fee arrangement means you pay the attorney only if they recover money, typically 33% to 40% of the settlement or judgment.
- Florida law requires you to report accidents to your insurance company, and an attorney can advise you on what to say and what documents to preserve.
- An attorney's experience in Palm Beach County courts and with local insurance adjusters matters more than their advertising or online ratings alone.
- You should meet with the attorney who will actually handle your case, not just a staff member, before deciding to hire them.
- Most car accident cases settle before trial, but your attorney should be prepared to go to court if the insurance company refuses a fair offer.
How Florida's insurance rules affect your claim
Florida is a "no-fault" state, which means your own insurance company pays your medical bills and lost wages up to your policy limit, regardless of who caused the accident. This is called Personal Injury Protection, or PIP. You do not need to prove the other driver was at fault to use your own coverage.
However, you can sue the other driver for additional damages — pain and suffering, permanent injury, lost income beyond what PIP covers — only if your injury meets Florida's "serious injury threshold." This means significant and permanent loss of an important body function, permanent disfigurement, or death. A minor soft-tissue injury typically does not meet this threshold, even if you have medical bills.
An attorney can review your medical records and determine whether your injury crosses this threshold. They will also check whether the other driver had insurance and what their policy limits are, because that caps how much you can recover from them.
Steps in a typical car accident claim
After an accident, you report it to your insurance company and file a claim. Your attorney will obtain the police report, medical records, repair estimates, and photos of vehicle damage. They will send a demand letter to the other driver's insurance company, describing the accident, your injuries, and the costs you incurred.
The insurance company will investigate and make an offer. If the offer is too low, your attorney will negotiate. Most cases settle at this stage. If no settlement is reached, your attorney will file a lawsuit in Palm Beach County Circuit Court. Discovery — the exchange of documents and witness statements — typically takes several months. Many cases settle during this phase once both sides see the strength of the evidence.
If the case goes to trial, a jury will hear evidence and decide whether the other driver was at fault and how much to award you. This process can take a year or more from the time the lawsuit is filed.
What documents and evidence you will need
Gather the police report number and the names and contact information of any witnesses at the scene. Take photos of all vehicle damage, the accident scene, and any visible injuries. Keep all medical records, bills, and receipts related to treatment after the accident.
Preserve text messages, emails, or photos you exchanged with the other driver at the scene. Do not post about the accident on social media; insurance companies and defense attorneys monitor these accounts. Keep records of any time you missed work and any wages lost.
Your attorney will request your insurance policy, the other driver's insurance information, and any communications you had with either insurance company. The more organized your records are, the faster your attorney can build your case.
When to hire an attorney versus handling it yourself
If your accident caused only minor property damage and no injuries, you may not need an attorney. You can file a claim directly with the other driver's insurance company and negotiate a repair estimate yourself.
You should hire an attorney if you have any injury requiring medical treatment, if the other driver was uninsured or underinsured, if liability is unclear, or if the insurance company denies your claim. An attorney can also help if you are unsure whether your injury meets Florida's serious injury threshold — they can review your medical records and advise you on your options.
Insurance companies have adjusters and defense attorneys working for them. Hiring your own attorney levels the playing field and ensures someone is protecting your interests, not the insurance company's.
How attorney fees work in car accident cases
Most car accident attorneys in Boca Raton work on contingency. You sign an agreement stating the attorney's fee percentage — usually 33% if the case settles before trial, and up to 40% if it goes to trial. You pay nothing upfront and nothing if you do not recover money.
You are responsible for "costs" — filing fees, court costs, informed witness fees, and medical record retrieval fees — separate from the attorney's fee. Some attorneys advance these costs and deduct them from your recovery. Others ask you to pay them as they are incurred. Clarify this before you hire the attorney.
If you receive a settlement of $50,000 and your attorney's fee is 33%, you pay $16,500 in attorney fees plus any costs. You receive the remainder. This arrangement means your attorney only makes money if you do, so they are motivated to get you the best result.
Questions to ask before hiring an attorney
Ask the attorney directly: "How many car accident cases have you handled in the past three years?" and "What percentage of your cases go to trial versus settle?" Ask about their experience with cases similar to yours — the type of injury, the accident circumstances, and the insurance companies involved.
Ask who will handle your case day-to-day. Will it be the attorney you are meeting with, or will a paralegal or associate attorney do most of the work? Ask what communication you can expect — will they call you with updates, or do you need to call them?
Ask about their fee structure in writing and whether costs are advanced or billed to you. Ask what happens if you disagree with a settlement offer — will they take the case to trial if you want them to, or do they prefer to settle?
Frequently Asked Questions
How long do I have to file a lawsuit after a car accident in Florida?
You have four years from the date of the accident to file a lawsuit. However, do not wait. Evidence disappears, witnesses move away, and memories fade. An attorney should begin investigating within weeks of the accident, not months or years later.
What if the other driver does not have insurance?
Your own insurance company may have uninsured motorist coverage, which pays you for injuries caused by an uninsured driver. Your attorney will check your policy and file a claim with your own insurer. The process is similar to a claim against another driver's insurance, but your own company handles it.
Can I settle my case without going to court?
Yes. Most car accident cases settle before trial through negotiation between your attorney and the insurance company. You will sign a release agreeing not to sue in exchange for a lump-sum payment. Your attorney will advise you on whether an offer is fair before you accept it.
What if I was partially at fault for the accident?
Florida uses "comparative negligence" rules. If you were 20% at fault and the other driver was 80% at fault, you can still recover 80% of your damages. Your attorney will argue for the lowest percentage of fault possible and explain how this affects your recovery.
Do I have to give a recorded statement to the insurance company?
No. You can decline a recorded statement and instead have your attorney communicate with the insurance company on your behalf. Anything you say in a recorded statement can be used against you later. Your attorney will advise you on what information to provide and how.