If you are hurt because of someone else’s actions or carelessness, you may have a personal injury claim under Florida law. From car accidents to slip-and-falls, Florida personal injury law protects people who are injured through no fault of their own. But how this law applies can be confusing, and it has several important rules that could affect your case.
Below are nine key things you should know about Florida’s personal injury laws. If you have questions or need help with an injury claim, contact the Florida injury lawyers at Consumer Law Attorneys for a free consultation.
1) Florida Is Generally a “No-Fault” State for Car Accidents
One of the first things to understand is that Florida is a no-fault state for most car accidents. This means each motorist’s Personal Injury Protection (PIP) coverage pays for their own medical expenses and lost wages, regardless of who caused the crash.
- What is PIP?: In Florida, drivers must carry at least $10,000 of PIP insurance. If you are in a car crash, your PIP policy should cover your medical bills up to certain limits, as long as you meet policy and legal requirements.
- Why is it called no-fault?: Because in many crashes, you turn to your own insurance for coverage first, rather than immediately suing the other driver.
- Serious injuries: If your injuries are severe, Florida’s no-fault system may not be enough. You could pursue a fault-based claim against the person who caused the crash. An attorney can advise you if your injuries meet the “serious injury” threshold required to file a traditional lawsuit.
2) The Statute of Limitations for Most Negligence Claims Is Two Years
The statute of limitations outlines how long you have to file a lawsuit. In 2023, Florida changed its personal injury law to shorten the deadline for many negligence cases.
- Two-Year Deadline: In most negligence cases—like slip-and-falls, car accidents, or other personal injury scenarios—you usually have two years from the date you got hurt to start a lawsuit in Florida.
- Why the Shorter Deadline Matters: Waiting too long can make it harder to collect evidence, talk to witnesses, and build a strong case. If you file a lawsuit after the deadline, the judge might dismiss your case entirely.
- Exceptions: Some types of cases, like wrongful death lawsuits, also have specific deadlines. There can be other exceptions, such as when injuries are discovered later (for instance, in medical malpractice cases). If you think you might have a special circumstance, talk to an attorney promptly.
3) Florida Uses “Modified Comparative Negligence”
Comparative negligence means fault can be shared among everyone involved. Florida used to be a “pure” comparative negligence state, which meant you could still get some compensation even if you were mostly at fault. However, Florida law has changed.
- Modified Rule: Under the new, modified comparative negligence rule, you can still recover money for your injuries as long as you were not more than 50% responsible for the accident.
- Percentages of Fault: A jury or insurance company might decide that you were, say, 30% at fault for driving a bit too fast, while the other driver was 70% at fault for running a red light. If your total damages were $100,000, you would receive $70,000 because your share of the blame (30%) gets subtracted from the total.
- Why It Matters: If you are more than 50% at fault, you might not be able to recover any compensation under the new rule. This highlights why having solid evidence and a strong legal strategy is important.
4) Personal Injury Protection (PIP) Has Strict Rules
Since Florida is a no-fault state for car crashes, PIP coverage is a big deal. But PIP laws have specific rules you must follow:
- 14-Day Rule: Typically, you need to seek medical care within 14 days of the crash to be covered by PIP. If you wait longer, you might lose your PIP benefits.
- $10,000 Limit: Standard PIP covers up to $10,000 of your medical expenses and lost wages, although not always at 100%. For non-emergency cases, the coverage might be lower.
- Limited Coverage: Even though PIP is handy for paying bills quickly, serious injuries often cost far more than $10,000. If someone else caused the crash and your injuries exceed this amount, you might be able to file a lawsuit against the at-fault party.
5) The “Serious Injury” Threshold for Car Accidents
While PIP helps pay immediate bills, you might also sue the at-fault driver if your injuries meet Florida’s “serious injury” threshold.
According to Florida law, serious injuries include:
- Permanent injury: An injury that you will not recover from fully.
- Significant and permanent scarring or disfigurement: A major change to your appearance or body function.
- Significant and permanent loss of a bodily function: If you lose hearing, vision, or the use of a limb.
- Death: If someone dies in a crash, the surviving family can bring a wrongful death claim.
If your injuries fall into any of these categories, you can step outside Florida’s no-fault system and possibly pursue additional damages (like pain and suffering) from the at-fault driver.
6) There Is No Cap on Most Damages, But Punitive Damages Are Limited
When you file a personal injury lawsuit in Florida, you generally can seek compensation for:
- Medical bills (past and future)
- Lost wages (past and future)
- Pain and suffering
- Emotional distress
- Other losses (like losing the enjoyment of your favorite hobbies)
There is usually no cap on these “compensatory” damages. However, punitive damages—which punish a defendant’s bad behavior—are capped in Florida. In most cases, the cap is $500,000 or three times the compensatory damages, whichever is higher. Punitive damages are rarely awarded and only in extreme cases where the defendant was grossly negligent or acted intentionally.
7) Wrongful Death Laws Have Their Own Rules
A wrongful death claim is brought when someone dies from another person’s negligence or harmful act. While it is similar to a standard personal injury lawsuit, it has special rules in Florida:
- Who Can Sue? Usually, the personal representative (executor) of the deceased’s estate must file the claim on behalf of surviving family members (such as a spouse or children).
- Two-Year Deadline: Like personal injury claims, wrongful death actions generally must be filed within two years from the date of death.
- Damages: Surviving family members can seek compensation for things like lost income, funeral expenses, and the loss of companionship. If the death occurred because of particularly bad conduct, punitive damages might be available, subject to Florida’s legal limits.
8) Building a Strong Case Requires Good Evidence
No matter what type of personal injury claim you have—car accident, slip-and-fall, medical malpractice, or something else—you need strong evidence to win your case or negotiate a fair settlement.
Examples include:
- Photos and Videos: Pictures of the accident scene, your injuries, or property damage.
- Medical Records: Documents showing your diagnosis, treatments, and potential future care needs.
- Witness Statements: People who saw the accident happen or can confirm details about your injuries.
- Police Reports: In many accidents (especially car wrecks), the police might file a report with important information.
- Expert Testimony: In more complex cases (like medical malpractice or product liability), hiring experts can help prove your claim.
Without good evidence, you may struggle to show who was at fault or how serious your injuries are.
9) Hiring a Florida Personal Injury Attorney Can Make a Huge Difference
Finally, having a knowledgeable personal injury lawyer on your side can help you avoid costly mistakes and give you the best chance of getting fair compensation.
An attorney can:
- Investigate: Gather police reports, medical records, and other proof of fault and damages.
- Negotiate with Insurance Companies: Insurance companies often try to pay as little as possible. Your lawyer can handle those talks and push for a higher settlement.
- Fight for You in Court: If settlement talks fail, your lawyer can file a lawsuit and advocate for your rights before a judge and jury.
- Keep You Informed: They will explain how Florida law applies to your situation, including any recent legal changes or special rules that might impact your claim.
Many personal injury attorneys, including Consumer Law Attorneys, offer free consultations and work on a contingency fee basis (which means you usually pay nothing unless you win).
Consumer Law Attorneys Can Help Your Personal Injury Case
At Consumer Law Attorneys, we understand how confusing Florida’s personal injury laws can be—especially if you are already dealing with painful injuries, doctor visits, and lost work time. Our firm is dedicated to helping accident victims get the compensation they deserve.
We provide:
- Personalized Attention: Every case is different. We listen to your story and craft a legal strategy just for you.
- Aggressive Representation: Insurance companies often try to settle claims for as little as possible. We fight back to maximize the compensation you can receive under the law.
- Clear Communication: We keep you informed at every step, so you always know what is happening with your case.
- Free Consultation: Not sure if you have a case? We will evaluate your situation at no charge. That way, you can make an informed decision about your next steps.
If you or a loved one has been hurt in Florida — whether in a car accident, slip-and-fall, or another incident — reach out to us for a free case review.
Call us now at (877) 241-2200 or contact us online to schedule a free case evaluation.
Don’t wait too long to retain a qualified attorney. Remember, you might have as little as two years to file your personal injury claim. After that, your chance to recover damages could disappear forever.
