Things To Know About Florida's Personal Injury Laws

If you live in Florida and get hurt in an accident, it helps to know how Florida personal injury law works. Understanding the basics can guide you when filing a personal injury claim, seeking personal injury compensation, and protecting your rights. This article explains Florida’s personal injury laws in clear, simple terms so you can be prepared if an accident happens.

What Is a Personal Injury?

A personal injury is when a person’s body or mind is harmed because of someone else’s carelessness or wrongful act. Unlike criminal law, where the government punishes a wrongdoer, personal injury law is about helping the injured person recover money for their losses.

The injured person (called the plaintiff) can file a personal injury claim against the person or party responsible (the defendant). Common examples include car crashes, slip and fall accidents, medical mistakes, or being hurt by a defective product.

1. Four Elements You Must Prove

Most Florida personal injury cases are based on negligence. To win, the injured person must prove these four elements:

1. Duty of Care – The defendant had a responsibility to act safely. For example, drivers must obey traffic laws.
   
   
2. Breach of Duty – The defendant failed to act safely, such as texting while driving.
   
   
3. Causation – The unsafe action caused the injury. If the person hadn’t acted that way, the injury would not have happened.
   
   
4. Damages – The injury resulted in real losses like medical bills, pain, or lost wages.
   
   

If even one of these elements is missing, the case may not succeed.

2. Florida’s Statute of Limitations

Florida law sets deadlines for filing cases. For most personal injury claims, you have two years from the date of the accident to file a lawsuit.

If you discover an injury later (for example, a medical mistake that shows up months afterward), the time limit may be extended. In special cases, such as when the defendant leaves Florida or hides, the clock may pause.

If you miss the deadline, you usually lose your right to file a claim. That’s why acting quickly is so important.

3. Florida’s “No-Fault” Auto Insurance Rule

Florida has a special rule for car accidents called the no-fault system. Every car owner must have Personal Injury Protection (PIP) insurance.

Here’s what it means:

• If you’re injured in a car crash, your own PIP insurance pays part of your medical bills, even if you caused the accident.
  
  
• Because of PIP, you often can’t immediately sue the other driver for minor injuries.
  
  
• PIP doesn’t cover everything. It may not pay for certain treatments, and it only covers up to the policy limit.
  
  
• To sue for “pain and suffering,” your injury usually has to meet certain serious thresholds.
  
  

So while PIP gives quick help, it has limits, and many serious cases still require filing a personal injury claim.

4. Comparative Fault Rule

Florida follows a modified comparative fault rule. This means if you are partly at fault for an accident, your compensation will be reduced by your percentage of fault.

5. Types of Compensation Available

If your personal injury claim is successful, you may recover different types of personal injury compensation.

Economic damages (easier to measure):

• Medical bills (current and future)
  
  
• Lost wages if you missed work
  
  
• Costs for therapy, rehabilitation, or travel to medical appointments
  
  

Non-economic damages (harder to measure):

• Pain and suffering
  
  
• Emotional distress
  
  
• Loss of enjoyment of life
  
  

In rare cases, courts may also award punitive damages. These are designed to punish especially reckless behavior.

6. Steps in Filing a Personal Injury Claim

Here’s a simple overview of how a personal injury case usually works in Florida:

1. Seek Medical Care – Always see a doctor right away. Medical records are vital proof.
   
   
2. Hire a Personal Injury Lawyer – An attorney can guide you, handle insurance companies, and protect your rights.
   
   
3. Negotiate With Insurance – Many cases are settled out of court through negotiations.
   
   
4. File a Lawsuit (if needed) – If settlement fails, your lawyer files a lawsuit in court.
   
   
5. Discovery Stage – Both sides exchange evidence and witness statements.
   
   
6. Trial or Settlement – The case may go to trial, but many cases end with a settlement agreement.
   
   
7. Compensation Awarded – If successful, you receive damages to cover your losses.

7. Special Rules and Exceptions

Some Florida personal injury laws have exceptions:

• Medical Malpractice – These cases have stricter rules and often require expert testimony.
  
  
• Government Liability – Suing a government agency requires following special procedures and notices.
  
  
• Hidden Injuries – Some injuries take time to appear, and this may extend the filing deadline.
  
  
• Tolling – If the defendant leaves the state or hides, the time limit to sue may be paused.
  
  

Because of these special rules, it’s important to get legal advice as early as possible.

If you’re in Florida and need guidance with filing a personal injury claim or seeking personal injury compensation, don’t wait—speak to a trusted personal injury lawyer. Contact RIE Law Firm today to get the help you deserve.

FAQs: Florida’s Personal Injury Laws