The phrase Florida personal injury laws refers to a collection of Florida statutes and principles that govern negligence, damages, and filing deadlines. Together this set of rules creates the framework for how injury cases are evaluated in the state and outlines when an injured person can seek recovery.
If you’ve been injured in Florida and need guidance on your options, contact Lesser, Landy, Smith & Siegel, PLLC at 833-LAW-LLSS for a case review.
How Negligence Works in Florida Cases
Florida cases hinge on four elements of negligence. Each one has to be supported by clear evidence tied to the facts of the injury.
- Duty of care: A recognized obligation to act with reasonable caution under the circumstances.
- Breach: Conduct that falls below that standard, either through careless action or failure to act.
- Causation: A direct connection between the breach and the injury, including both factual cause and proximate cause.
- Damages: Losses that can be proven, like medical expenses, lost income, property repair, or pain and suffering.
Examples under Florida law
- Drivers: Running a red light breaches the duty to follow traffic rules. Crash footage, witness accounts, and police reports link the breach to injuries and vehicle damage.
- Property owners: A grocery store that ignores a spill after learning about it breaches the duty owed to invitees. Maintenance logs, incident reports, and photos of the hazard help prove breach and notice.
- Product makers: A space heater that overheats during normal use points to a defect. Testing data, recall records, and expert analysis connect the defect to burn injuries or property loss.
Our personal injury attorneys gather and present the evidence needed to prove each element of negligence, counter defense arguments, and build a case that holds the responsible party accountable.
Florida’s Modified Comparative Negligence Rule
2023 Reform: Shift from Pure to Modified Negligence
On March 24, 2023, Florida passed HB 837, which changed how negligence cases are handled. For any negligence case filed on or after that date, a person found more than 50 percent responsible cannot recover damages from the other side. Before this change, Florida used a pure comparative negligence system, which allowed someone to recover even if they were mostly at fault. Medical negligence, also called malpractice, is not part of this new rule and continues under separate laws.
Examples of 50% Bar Rule in Practice
- At 20 percent fault, a $100,000 verdict becomes $80,000.
- At 50 percent fault, the same verdict becomes $50,000.
- At 51 percent fault or higher, recovery is barred.
The “modified” comparative negligence rule makes the percentage of fault just as important as proving negligence itself.
Damages Available in a Personal Injury Case
Florida law recognizes three categories of compensation in a personal injury case. Each category depends on proof that ties losses to the event.
Economic Losses
- Medical expenses: Hospital care, surgery, imaging, therapy, prescriptions, medical devices, and future care projections supported by physician opinions and treatment plans.
- Lost wages and reduced earning capacity: Time away from work, missed bonuses, lost tips, and long-term wage loss when injuries limit job duties, documented with pay stubs, employer letters, and vocational assessments.
- Property repair and replacement: Vehicle repairs, totaled-vehicle value, damaged phones or equipment, and other out-of-pocket costs tied to the event, supported by estimates, invoices, and receipts.
Non-Economic Losses
- Pain and suffering: Physical pain, sleep disruption, and daily limitations reflected in medical notes and consistent symptom reports.
- Emotional distress and loss of enjoyment: Anxiety, depression, PTSD symptoms, and loss of hobbies or family activities, supported by counseling records and credible day-in-the-life descriptions.
- Loss of companionship for family members: Spousal and family impacts when injuries reduce guidance, affection, or household support.
Punitive Damages in Limited Situations
- When Florida law permits them: Available only for intentional misconduct or gross negligence. Examples include drunk driving that causes injury or conduct showing conscious disregard for safety.
- Caps on recovery: Florida statute limits punitive awards in most cases to the greater of three times the compensatory damages or $500,000, with defined statutory exceptions for certain aggravated conduct.
Our attorneys document each category with records, expert opinions, and credible narratives so the case reflects the full impact of the injury.
Florida’s No-Fault Auto Insurance System
Florida uses a no-fault system for car crashes. After a crash, each covered driver turns first to Personal Injury Protection, called PIP, for medical costs and part of lost wages, no matter who caused the crash. Lawsuits for pain and suffering proceed only when the injuries meet a threshold set by Florida law.
Personal Injury Protection Coverage and Limits
- Medical Bills: PIP pays 80 percent of reasonable medical expenses up to the policy limit, which is typically $10,000.
- Lost Income: PIP pays 60 percent of lost wages, counted against the same limit.
- Death Benefit: $5,000 to help with funeral and related costs.
- What PIP Does Not Cover: Pain and suffering, and most vehicle repairs.
- Provider Rules: Coverage applies only to care from eligible providers. Massage and acupuncture are not covered.
- Emergency Medical Condition (EMC): Without an EMC diagnosis from a qualified provider, benefits cap at $2,500. An EMC unlocks access to the full PIP limit when supported by medical records.
The 14-Day Treatment Rule
PIP pays only when the first medical visit happens within 14 days of the crash and if the 14-day window is missed, PIP benefits are blocked, even when coverage exists.
Serious Injury Threshold Under Fla. Stat. § 627.737
A case for pain and suffering against the at-fault driver moves forward only when the injuries meet at least one of the following:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
Examples of Injuries That Can Qualify Beyond PIP
- Loss of Function: Lasting mobility loss, paralysis, or chronic neurological deficits documented by a physician.
- Permanent Injury: Herniated disc with a permanent impairment rating, post-concussion effects that persist and limit daily activity, or joint damage that requires ongoing care.
- Scarring or Disfigurement: Third-degree burns, facial scarring that requires revision procedures, or amputation.
- Fatal Injuries: A wrongful death case proceeds through the estate.
Once the threshold is met, a lawsuit for pain and suffering can proceed, and recovery can include medical bills and wage losses that PIP did not pay.
Special Liability Rules in Florida
Premises Liability Standards
Owners owe different duties based on visitor status.
- Invitees: inspect for hazards, fix problems within a reasonable time, and warn about dangers known or that should be known.
- Licensees: warn about known, non-obvious hazards and avoid willful or wanton harm.
- Trespassers: avoid willful or wanton harm and warn of hidden dangers after discovering a trespasser’s presence.
Florida also recognizes the “attractive nuisance doctrine,” which applies when an artificial condition draws children onto property. Pools, trampolines, and similar features fall under this doctrine, and owners are required to secure those hazards when the risk is foreseeable.
Product Liability
Florida recognizes strict liability for defective products, so a seller can be liable without proving negligence. Defects fall into three groups: design defects, manufacturing defects, and failure-to-warn defects. Proof links normal use to the defect and ties that defect to the injury, and may include safer feasible designs or adequate warnings where applicable.
Wrongful Death Cases
Only the personal representative files the case on behalf of the estate. Survivors may recover loss of support and services, loss of companionship, and mental pain and suffering where statute allows, while the estate may recover medical and funeral expenses, lost earnings between injury and death, and net accumulations when permitted.
Dog Bite Law
Florida imposes strict liability under Fla. Stat. § 767.04, so owners are liable for bites regardless of prior knowledge of aggression.
Exceptions that can limit recovery include comparative negligence for provocation or trespassing, and a clearly posted warning sign, with limits on that sign defense when the victim is under six or the owner acted negligently.
Dram Shop Liability
Vendors face liability under Fla. Stat. § 768.125 for serving alcohol to a minor or knowingly serving a person who is habitually addicted to alcohol.
Cases Against Government Entities
Sovereign immunity caps damages at $200,000 per person and $300,000 per occurrence under Fla. Stat. § 768.28 unless the Legislature authorizes more. Claims require written notice to the agency and to the Department of Financial Services within three years of accrual, within two years for wrongful death, followed by a six-month investigation period before suit.
Statute of Limitations in Florida Personal Injury Cases
Two-Year Limit for Negligence Cases Under the 2023 Reform
For injuries on or after March 24, 2023, the deadline to file a negligence case is two years from the injury date. Injuries that occurred before March 24, 2023 follow the prior four-year period.
Special Timelines for Wrongful Death, Medical Malpractice, and Government Cases
- Wrongful death: Two years from the date of death.
- Medical malpractice: Two years from when the injury was discovered or should have been discovered with reasonable diligence, with a four-year statute of repose. Fraud, concealment, or intentional misrepresentation can extend the outside limit to seven years. When the injury occurred before a child’s eighth birthday, the repose period does not bar a case filed before that birthday.
- Government cases: Negligence cases against a state or local agency follow the two-year period. Written notice to the agency and to the Department of Financial Services is required within three years of accrual, within two years for wrongful death, followed by a six-month investigation period before filing.
Tolling Rules for Minors and Incapacitated Adults
- Minors: The clock generally begins at age eighteen, subject to any statute of repose that applies.
- Incapacity: Tolling can apply during periods of adjudicated incapacity, subject to a seven-year cap measured from the injury date.
Our attorneys track deadlines, identify exceptions, and file on time so your right to pursue recovery is not lost.
Protecting Your Rights Under Florida Personal Injury Laws
Florida’s personal injury system brings together rules on negligence, damages, deadlines, and insurance that determine case outcomes. A missed treatment window, an expired statute of limitations, or a fault share above fifty percent can cut off recovery. Detailed evidence, timely filings, and documented losses preserve the right to seek damages.
If you’re weighing a Florida personal injury case and need to know how Florida law affects your recovery, call Lesser, Landy, Smith & Siegel, PLLC at 833-LAW-LLSS or fill out our contact form to discuss your situation with an attorney who handles personal injury cases every day.
