Filing a Claim for an Accident During the Holidays

December 15, 2025 | Sagi Shaked | Personal Injury

The holiday season brings increased travel, shopping, and social gatherings. However, the holidays can also increase the risk of accidents. Whether you’re a Miami resident or a visitor injured during your vacation, understanding your legal rights and the claims process is essential.

Taking prompt action protects your ability to recover compensation and preserves critical evidence that supports your case.

Immediate Steps To Take After Your Accident

Being in an accident can be overwhelming. Knowing the steps to take and how to protect yourself is essential. If you are injured during the holidays, keep the following steps in mind:

Seek Prompt Medical Attention

Your health and safety are the top priorities following any accident. Whether you’ve been involved in a car crash, a slip-and-fall at a resort, or another incident, obtaining prompt medical care serves two critical purposes. Medical treatment prevents your injuries from worsening. It also creates official medical documentation that supports your claim.

If you require hospitalization, remain in care until you’re medically cleared before traveling. Keep copies of all medical records, test results, bills, and doctors’ notes. These documents are crucial for a personal injury claim.

Report the Incident to the Proper Parties

For motor vehicle accidents in Florida, you must report the crash to law enforcement if there are injuries or property damage exceeding $500. Call 911 immediately and cooperate with responding officers to ensure an official police report is filed.

If no officer responds to your location, you must file a Driver Report of Traffic Crash with the Florida Highway Safety and Motor Vehicles (FLHSMV).

For slip and fall accidents or other injuries, report the incident to the property owner, manager, or supervisor on duty. Request that they document the incident and provide you with a copy.

Document the Scene

Gather as much photographic and written evidence as possible while details are fresh, including:

Photograph the accident scene from multiple angles
Document any hazardous conditions (spills, debris, poor lighting, weather conditions)
Capture images of vehicle damage, your injuries, and any contributing factors
Note the date, time, and exact location of the incident
Collect eyewitness information
Record weather conditions and any other relevant environmental factors

Evidence can be lost or destroyed. Gathering evidence at the accident scene can improve your chances of a successful injury claim.

Understanding Florida’s Statute of Limitations

Florida’s statute of limitations imposes strict time limits on personal injury claims. You generally have two years from the date of the accident to file a personal injury claim under general negligence claims.

However, the deadline may be longer or shorter, depending on the case. Seek legal advice as soon as possible to avoid losing your right to pursue a legal claim.

Why Acting Quickly Matters When Filing a Claim for an Accident During the Holidays

Even though you have time, delaying your claim creates significant problems:

Witness memories fade, making statements less reliable
Evidence degrades or disappears
Medical documentation becomes harder to locate
Insurance companies may dispute the connection between your injuries and the accident

Acting quickly also ensures that your attorney can preserve evidence, secure detailed witness statements, and properly document your medical condition before insurers challenge your injuries. The sooner you retain legal counsel, the quicker your attorney can begin investigating your claim.

Special Considerations for Tourists and Non-Residents After an Accident in Florida

If you were injured while visiting Florida, pursuing a personal injury claim can be more complicated than it would be at home. Differences in state laws, insurance requirements, and the challenges of handling a claim from out of state can quickly become overwhelming.

You may face difficulty with:

Navigating Florida’s unique injury laws: Florida follows a no-fault insurance system and has specific personal injury statutes that may differ from those in your home state. Understanding how these rules apply is essential to preserving your right to compensation.
Coordinating medical care across state lines: Receiving treatment while traveling or after returning home can complicate documentation. Medical records and follow-up care must be properly organized to support your injury claim.
Communicating with Florida insurance companies: Handling insurers and adjusters from another state can be stressful and time-consuming, particularly when you are unfamiliar with Florida claims practices.
Investigating the accident and preserving evidence: Evidence such as witness statements, surveillance footage, and scene conditions can disappear quickly. Having someone local helps ensure this information is gathered and preserved in time.
Meeting court requirements and legal deadlines: Florida imposes strict filing deadlines for personal injury lawsuits. If a settlement cannot be reached, the necessary legal steps must be taken before those deadlines expire.

With proper planning and attention to Florida’s legal requirements, injured visitors can protect their rights and pursue compensation even after returning home.

Legal Help With Filing a Claim After an Accident During the Holidays in Florida

The holiday season shouldn’t be memorable for the wrong reasons. If you’ve been injured due to someone else’s negligence in Florida, contact an experienced Miami personal injury attorney immediately to protect your legal rights and pursue the compensation you deserve.

Call Shaked Law Personal Injury Lawyers for a free consultation to learn more about filing injury claims after accidents.

If you’ve been injured in an accident in Miami or Aventura, FL, and need legal help, contact us today.

Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715 Aventura, FL 33180
(305) 937-0191
Open 24 hours