Practice Area
A serious car accident can change your life in an instant. We fight for injured Floridians against insurance companies that try to minimize what they pay.
Why Choose Swope, Rodante
Overview
Not every car accident case requires a lawyer. A minor fender-bender with minimal injuries and an insurer that pays promptly may resolve itself. But when a crash results in serious, life-altering injuries — traumatic brain injury, spinal cord damage, broken bones, amputation, or death — you are entering a different arena entirely.
Insurance companies are not on your side. They employ teams of adjusters, defense attorneys, and medical reviewers whose job is to pay as little as possible on your claim. They will scrutinize every aspect of your treatment, your prior medical history, your conduct at the time of the accident, and the statements you make in the days and weeks after the crash. A single misstep — a recorded statement, a social media post, a delay in treatment — can be used against you.
Swope, Rodante P.A. has spent over 45 years fighting insurance companies in Tampa and throughout Florida. We understand their tactics because we have faced them in hundreds of cases. We know how to build, protect, and present a car accident case to maximize your recovery — whether that means negotiating a fair settlement or trying the case to a jury verdict.
Legal Framework
Florida operates under a no-fault insurance system, which means that after most car accidents, you first turn to your own Personal Injury Protection (PIP) coverage — regardless of who caused the crash. Every Florida driver is required by law to carry at least $10,000 in PIP coverage.
To receive PIP benefits, Florida law requires you to seek medical treatment within 14 days of the accident. If you wait longer than 14 days to see a doctor, you forfeit your right to PIP benefits entirely — regardless of how serious your injuries are.
If you have been in a car accident, see a doctor immediately — even if you feel "okay." Adrenaline masks pain. Many serious injuries, including traumatic brain injury and spinal damage, may not produce obvious symptoms for days.
A $10,000 PIP limit covers a fraction of the actual medical costs of a serious injury. A single emergency room visit, MRI scan, and follow-up care can exhaust your PIP benefits within days. This is why Florida law also allows seriously injured victims to step outside the no-fault system and sue the at-fault driver — but only if they meet the "serious injury" threshold.
Florida Law
To sue the at-fault driver for pain, suffering, and damages beyond PIP in Florida, your injury must meet one of the following statutory thresholds under Fla. Stat. §627.737:
A significant and permanent loss of an important bodily function, such as movement, sensation, or organ function.
A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
Significant and permanent scarring or disfigurement resulting from the accident.
Wrongful death caused by the at-fault driver's negligence. The estate and survivors may pursue a wrongful death claim.
Florida law was significantly changed in 2023. Under the modified comparative negligence rule now in effect, if you are found to be more than 50% at fault for the accident, you cannot recover any damages from other at-fault parties. If you are 50% or less at fault, your recovery is reduced proportionally by your percentage of fault. This makes how your case is investigated and presented critically important — and why you need experienced counsel on your side from day one.
Case Types
Tampa's roads — including the notoriously congested I-275/I-4 corridor, I-75, US-19, and Dale Mabry Highway — see thousands of serious crashes each year. We handle cases arising from all causes of driver negligence:
Texting, phone use, eating, and other distractions are involved in a growing share of serious Tampa crashes. Electronic data from the at-fault driver's phone can be critical evidence.
Excessive speed dramatically increases both the likelihood and severity of crashes. Accident reconstruction experts can establish speed from skid marks, vehicle damage, and black box data.
DUI crashes often involve criminal charges and can support a claim for punitive damages against the at-fault driver in addition to compensatory damages.
Intersection collisions caused by red-light runners frequently result in high-speed T-bone impacts and catastrophic injuries. Traffic camera footage and witness testimony are key evidence.
Tampa's busiest highway corridors see disproportionate numbers of serious multi-vehicle crashes, often involving commercial trucks and high speeds.
Rear-end crashes — often caused by tailgating or distracted drivers — are a leading cause of whiplash, traumatic brain injury, and spinal injuries in Tampa.
Wrong-way driving crashes often result in catastrophic head-on collisions. Alcohol impairment is a frequent contributing factor.
Crashes involving failure to yield at intersections, during lane changes, or when entering the roadway often involve disputed liability requiring thorough investigation.
Crashes involving Uber and Lyft drivers raise complex insurance coverage questions depending on whether the driver was logged into the app and carrying a passenger.
Immediate Steps
The actions you take in the hours and days after a serious car accident can significantly affect the strength of your legal claim. Follow these steps to protect your health and your rights:
UM/UIM Coverage & Bad Faith
Uninsured/underinsured motorist (UM/UIM) coverage is one of the most important — and most misunderstood — types of auto insurance available to Florida drivers. If you are seriously injured by a driver who has no insurance or insufficient coverage to compensate you, your own UM/UIM policy steps in as a source of recovery.
But your own insurer still has a financial incentive to pay as little as possible on your UM/UIM claim. When your UM/UIM insurer unreasonably refuses to pay what your claim is worth, it may be acting in first-party bad faith under Florida law — opening the door to extracontractual damages, attorney's fees, and more.
Learn about insurance bad faith →Florida's 2-Year Statute of Limitations
As of 2023, Florida reduced the statute of limitations for negligence-based personal injury claims — including car accident cases — to two years from the date of the accident. If you do not file suit within two years, you permanently lose your right to pursue compensation, no matter how serious your injuries are.
Do not wait. Contact Swope, Rodante P.A. as soon as possible after your accident to ensure your rights are protected.
Compensation
If you meet Florida's serious injury threshold and file a claim against the at-fault driver, you may be entitled to recover a comprehensive range of damages — far beyond what PIP provides.
All emergency room, hospital, surgical, diagnostic, physical therapy, and rehabilitation costs incurred from the date of the accident to the date of settlement or verdict.
Projected costs of ongoing treatment, surgeries, therapy, and care for permanent injuries — often established through expert life care planning testimony.
Income lost while you were unable to work due to your injuries, including salary, hourly wages, commissions, bonuses, and self-employment income.
If your injuries prevent you from returning to your former occupation or limit your future earning potential, you are entitled to compensation for that long-term economic loss.
Compensation for the physical pain, discomfort, and diminished quality of life caused by your injuries — both past and future.
Psychological harm from the accident and injuries, including anxiety, depression, PTSD, and loss of enjoyment of life.
Compensation for permanent physical changes to your appearance caused by the accident.
Damages available to the spouse of a seriously injured person for loss of companionship, support, and marital relationship.
The cost to repair or replace your vehicle and any personal property damaged in the crash.
Our Track Record
Tampa car accident cases — especially serious ones involving traumatic brain injury, spinal damage, or death — require more than a volume-based settlement mill. They require attorneys who understand the full scope of Florida insurance law, who will invest in expert witnesses and thorough investigation, and who will take the case to trial if the insurer refuses to pay fair value.
Swope, Rodante P.A. is a litigation-focused firm. Our attorneys are board-certified civil trial lawyers who have tried major car accident and insurance bad faith cases in courtrooms throughout Florida. Insurers know our reputation — and that reputation means better results for our clients at every stage of the process.
View our results$30.1M
Verdict — traumatic brain injury / bad faith (Willoughby v. GEICO)
45+
Years representing seriously injured Floridians
0
Fees unless we win — contingency fee representation
Common Questions
Florida has one of the highest rates of uninsured drivers in the country — more than 20% of drivers carry no insurance. If you are hit by an uninsured driver, your own uninsured motorist (UM) coverage becomes your primary source of compensation beyond PIP. If your own UM carrier refuses to pay a fair amount for your injuries, it may be acting in bad faith under Florida law, entitling you to additional remedies including extracontractual damages and attorney's fees.
Under Florida's modified comparative negligence law (effective 2023), you can still recover damages if you were 50% or less at fault for the accident. Your recovery will be reduced by your percentage of fault. However, if you are found more than 50% at fault, you cannot recover any damages. Insurance companies will often try to assign you a disproportionate share of fault to reduce or eliminate their obligation to pay. Experienced counsel is essential to pushing back against unfair fault allocation.
As of 2023, Florida's statute of limitations for car accident personal injury cases is two years from the date of the accident. This is a hard deadline — missing it almost certainly means permanently losing your right to sue, regardless of how serious your injuries are. Some circumstances can affect this deadline, such as cases involving government vehicles or minors. Do not wait — contact Swope, Rodante P.A. as soon as possible to ensure your claim is preserved.
There is no formula that accurately predicts case value before thorough investigation and medical evaluation are complete. Value depends on injury severity and permanence, impact on ability to work, pain and suffering, available insurance coverage, and many other factors. Cases involving permanent injuries, traumatic brain injury, or wrongful death have historically resulted in much larger recoveries than soft-tissue-only cases. The best thing you can do is speak with an experienced attorney. There is no cost or obligation for an initial consultation with Swope, Rodante P.A.
The majority of car accident cases in Florida settle before trial. However, settling is only advantageous when the amount fairly compensates you for your losses. Insurance companies tend to offer more — and pay more promptly — when they know your attorney is prepared and willing to take the case to trial. Swope, Rodante P.A. is a litigation firm: our attorneys are board-certified trial lawyers who try cases to verdict. This preparation and willingness to fight is reflected in our settlement results.
Injured in a Tampa car accident? We offer free consultations with no obligation.
Contact Us TodayGet a free, no-obligation case evaluation. We only get paid when you win.