December 17, 2025 12:23 am
This question was posted on our Reddit forum:
“I was involved in a car accident. My child was in the car with me as well. It was a really bad accident (air bags deployed and car is completely smashed).
I was so worried about getting my child checked out at the ER that I did not go. However, of course I woke us sore and went to an ortho specialist the next day. I plan to hire an attorney to help me navigate this. Did I mess up by not going to the ER?”
As a personal injury attorney in Florida, I understand your concern. While it’s ideal to seek medical attention immediately after an accident, Florida’s PIP law only requires that you seek care within 14 days to qualify for benefits. Since you saw an orthopedic specialist the next day, you should still be within that window, which is important for your case.
While not going to the ER right away may raise questions, it’s not necessarily a mistake, as you are still within the legal timeframe for seeking medical assistance. The key is to document your injuries and continue seeking medical care. An experienced Florida personal injury attorney can help gather the necessary evidence and ensure your rights are protected throughout the process. Make sure to keep all your medical records and the accident report for your attorney to review.
January 2, 2026 9:30 am
Thank you for this information. I greatly appreciate your help with this.
If the insurance company claims I was ‘fine’ because I did not go to the ER immediately, what is the best way to help counter that? In your experience, what are the most common mistakes people make after waiting to get treatment, and what’s the best way to avoid those?
If the insurer says you were “fine” because you did not go to the ER, the best counter is clear, consistent medical documentation: get evaluated as soon as you can, follow the treatment plan without big gaps, and make sure your providers document your symptoms, findings, diagnosis, and work restrictions. Medical exams and witness recollections tend to be more persuasive when they happen soon after the crash.
Regarding the common mistakes after delayed treatment. Here are some tips that should help you avoid them:
- Big gaps in care: once you start, keep appointments and follow-ups consistent.
- Do not document the reason for the delay; explain to the provider why you did not go immediately and have it noted in the chart.
- Missing bills and wage proof: keep every bill, receipt, and pay record, since Florida PIP only pays a percentage and is capped.
- Downplaying symptoms early: Be accurate and consistent in what you report and what gets recorded.
- Ignoring longer-term care needs: if you require ongoing PT or other care, ensure it is documented, as long-term care can increase costs and complicate value disputes.