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Florida operates under a modified comparative negligence system (51% bar rule). You can recover damages if you are 50% or less at fault for the accident, but your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover any damages. This makes it critical to work with an experienced attorney who can minimize your assigned fault.
The statute of limitations for most personal injury cases in Florida is 4 years from the date of injury (changed from 2 years in 2023). However, medical malpractice cases still have a 2-year limit, and wrongful death claims must be filed within 2 years. Missing these deadlines typically means losing your right to compensation.
Florida is a no-fault insurance state, meaning your own Personal Injury Protection (PIP) insurance covers your medical bills regardless of who caused the accident. However, if your injuries meet the serious injury threshold – permanent injury, significant scarring, or death – you can step outside the no-fault system and pursue a claim against the at-fault driver for pain, suffering, and additional damages.
Florida's major highways – including I-95, I-4, I-75, Florida's Turnpike, and US-1 – are among the most dangerous in the nation. Miami-Dade, Broward, Hillsborough, and Orange counties report the highest accident rates due to heavy traffic, tourism, and aggressive driving. Despite Florida's no-fault insurance system, serious injuries allow victims to pursue claims against at-fault drivers. Truck accident cases and catastrophic injury claims often result in settlements exceeding $500,000 due to the severity of injuries and available insurance coverage.
Property owners and businesses in Florida have a legal duty to maintain safe conditions for visitors. Slip and fall accidents in retail stores, restaurants, hotels, theme parks, and residential properties can result in serious injuries including broken bones, head trauma, and spinal injuries. Florida law requires proving the property owner had actual or constructive knowledge of the dangerous condition. With millions of tourists visiting Florida annually, premises liability cases are common and often result in substantial settlements when negligence is proven.
Florida workers injured on the job are typically covered by workers' compensation insurance, which provides medical treatment and wage replacement benefits. However, if a third party caused your workplace injury – such as a negligent subcontractor, defective equipment manufacturer, or careless driver – you may be entitled to pursue a personal injury claim beyond workers' comp. Construction accidents, industrial injuries, and delivery driver accidents are common scenarios where third-party liability exists, allowing for additional compensation including pain and suffering.
Medical malpractice cases in Florida require proving that a healthcare provider breached the standard of care, resulting in injury or death. These cases involve surgical errors, misdiagnosis, delayed diagnosis, medication mistakes, anesthesia errors, emergency room negligence, and birth injuries. Florida has a 2-year statute of limitations for medical malpractice claims and requires pre-suit investigation and expert affidavits. Our network includes attorneys experienced in handling complex medical malpractice cases and holding negligent healthcare providers accountable.
Florida has strict liability laws for dog bites when the victim is lawfully on private or public property. Dog owners are liable for injuries their dogs cause, even if the dog has no history of aggression. Dog attacks can cause severe physical injuries, permanent scarring, nerve damage, infections, and psychological trauma, particularly in children. Homeowner's insurance policies typically cover dog bite claims, making it possible to recover compensation for medical expenses, lost wages, pain and suffering, and emotional distress.
When negligence results in a fatality, surviving family members in Florida can file wrongful death claims under the Florida Wrongful Death Act. These claims allow recovery for loss of companionship, funeral and burial expenses, lost financial support, medical expenses prior to death, and mental pain and suffering. Florida law designates the personal representative of the deceased's estate to file the claim on behalf of survivors. These cases require compassionate yet aggressive legal representation to ensure families receive the justice and financial security they deserve.
Average personal injury settlements in Florida range from $18,000 for minor injuries to over $600,000 for catastrophic cases. Florida's no-fault insurance system affects car accident claims, but serious injuries and other types of personal injury cases can still result in substantial compensation. Our network of Florida attorneys has recovered millions in compensation for injured clients statewide.
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Time limits apply to all personal injury claims in Florida. Contact us now to maximize your compensation and navigate Florida's no-fault system.