For visitors, tourists & out-of-state residents
Injured in Florida but Live Somewhere Else?
You don't have to stay in Florida for your case to move forward. I handle the claim here while you heal at home. And after nearly two decades on the insurance companies' side, I know exactly how they treat an injured person who has already flown home.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · Case reviews by video from wherever you are
Can I still bring a claim if I was hurt in Florida but live in another state or country?
Yes. If you were hurt in Florida, I check which law applies, which court is proper, which policies apply, and whether you need to attend in person. Where Florida law applies, the other side's insurer owes a visitor the same as a Florida resident. For most negligence claims arising after March 24, 2023, you usually have two years to file a lawsuit (Fla. Stat. § 95.11(5)(a)). Other deadlines may apply. You can still get paid if you were 50% or less at fault (§ 768.81).
Most steps of the case can happen without you here: the investigation, the medical records, the negotiation, and most of any lawsuit. You can keep seeing your own doctors at home. Their records become part of the Florida claim. If a lawsuit is filed, you may need to answer questions under oath (a 'deposition'). That can often be done by video or around a trip you're already planning, depending on the case.
Hurt on the flight itself? If the injury happened on board an international flight, or while getting on or off one, the Montreal Convention usually controls instead of Florida law, with its own two-year deadline. Injured on an international flight: what to know.
Hurt while visiting Florida — the facts that matter
- Deadline to file
- 2 years from the injury for most negligence claims arising after March 24, 2023
- Which law applies
- Florida's — the injury happened here, wherever you live
- Your treatment
- Continue with your own doctors at home; the records travel
- What it costs
- Free case review · no fees or costs unless we recover for you
What they do
What the insurance company does once you've gone home
They know you're leaving. The moves are built around it.
Wait you out
The insurance company's adjuster slows down after you fly home. They are betting that distance and time will make you let it go. Most people do. That is the whole strategy.
The airport check
A quick, small offer before a doctor at home has seen you, in exchange for signing a release: a paper that ends your claim forever.
The treatment gap
If you wait weeks to see a doctor after you get home, they argue the injury wasn't serious, or that it happened somewhere else.
After an injury
What to do before you leave Florida — and after
Get seen before you fly
An ER or urgent care visit creates a record of your injury here in Florida. After a car crash, seeing a doctor within 14 days also protects your no-fault benefits.
Lock down the Florida evidence
Police report number, photos of the scene and vehicles, the hotel or business incident report, witness names and phone numbers.
Keep treating at home
Follow up with your own doctors right away, and tell each one it was a Florida accident. Steady care with no gaps is the first thing the insurance company looks for.
Don't give a recorded statement
The other side's adjuster will call while you're traveling. Say no, politely, and let me handle that call.
Florida law
The Florida rules that decide a visitor's claim
2-year deadline
For most negligence claims arising after March 24, 2023, Florida generally gives you 2 years from the injury to file an injury lawsuit. Other deadlines may apply. Claims against a government agency require written notice before you can sue. And cruise line tickets usually cut the deadline to one year.
Where the case goes depends on the facts
When the injury happens in Florida, Florida law and a Florida court often apply, but not always. I check which law applies, which court is proper, which policies apply, and whether you need to attend in person. You do not need to live here to use it.
Comparative fault
You can still get paid if you are 50% or less at fault, but your share of the blame is taken out of what you get. Expect the insurance company to push your share up. The photos and the report from day one are what keep it down.
Car crashes and out-of-state policies
Florida's no-fault (PIP) system is built for cars registered in Florida. If you were in your own out-of-state car or a rental, three things may pay: your own car insurance, the rental company's coverage, and the other driver's insurance company. That's different from a Florida resident's claim, so it's worth sorting out early.
Related pages: Canadians injured in Florida · Car accidents · Short-term rental injuries · Uninsured motorist coverage
A recent result
Their offer wasn't the real number.
Car accident · their opening offer: $0
One of several recent recoveries by the firm. Each case is different and past results do not guarantee a similar outcome. See more results →Client reviews
What clients say
“A highly professional law office. Mr. Galimidi is very honest and puts great effort into his work for you — he always gets back to you by email or phone. A phenomenal attorney with a heart for people.”
— Sarah · Google“Emanuel is one of the best attorneys in South Florida. Schedule a call with him before going with anyone else — he will fight for you, and you want someone seasoned handling your case.”
— James · Google“The attention to detail Emanuel has is second to none. Knowledge is power, and he has an abundance of knowledge.”
— Omar · AvvoReviews reflect individual clients’ experiences. Prospective clients may not obtain the same or similar results. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Injured while visiting Florida — FAQ
Do I have to come back to Florida for my case?
Often not for the claim itself. The investigation, the records, the negotiation, and much of any lawsuit can happen without you here. If a lawsuit is filed, you may need to answer questions under oath (a “deposition”). That is often done by video. A trial usually requires you to be here, and many cases end before that.
Who pays my medical bills if I was hurt on vacation in Florida?
If someone else caused the harm, they and their insurer may be responsible for it, depending on the facts and the coverage. That does not change because you live somewhere else. In the meantime, your health insurance, travel insurance, or car insurance (PIP or MedPay) may pay the bills. If they are owed money back, I handle that out of what you get.
Travel-insurance delays: what I told Moneywise →
Can I treat with my own doctors at home?
Yes, and you should. See a doctor in Florida before you leave, so there is a record of the injury here. Then follow up right away with your own doctors. Their records, bills, and any scans or X-rays become part of the Florida claim. Gaps in your care are what the insurance company uses against you.
I'm from Canada or another country — does that change anything?
Not your basic rights. Which law applies depends on the facts, and where Florida law applies, the other driver's insurer has to answer the same way. It does change the paperwork: currency, translated records, travel insurance payback, and home-country health plans that only pay part of U.S. bills. That is exactly the part I handle. Canadian visitors have their own page.
I was hurt in a rental car — whose insurance applies?
Start with the liability coverage of the driver who caused the crash (the insurance that pays people they hurt). Your own auto policy usually follows you into a rental. The rental company's optional coverage or damage waiver may add another policy that can pay. Under federal law, the rental company itself is usually not responsible just because it owns the car. So the case is built on the driver who caused the crash and the coverage around you.
How long do I have to file?
Generally 2 years from the injury in Florida for most negligence claims arising after March 24, 2023. Other deadlines may apply. Cruise ship injuries are different: under the ticket contract, you usually have one year to sue and six months to give written notice. Claims against a city, county, or state agency also require early notice. So a call before you leave is the safest move.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873