Florida personal injury law provides legal remedies for individuals who have been injured due to the negligent or intentional conduct of another party. Whether you have been injured in a car accident in Miami, a slip and fall in Orlando, or any other incident caused by someone else's wrongdoing, understanding your legal rights is essential to recovering the compensation you deserve.
Florida's personal injury system is governed by a complex framework of statutes, case law, and court rules. The state's comparative negligence doctrine, combined with its four-year statute of limitations under Florida Statutes §95.11, creates specific requirements and deadlines that every injured person must understand. This comprehensive guide covers everything you need to know about Florida personal injury claims in 2026.
Understanding Florida Personal Injury Law
Personal injury law encompasses a broad range of claims, including motor vehicle accidents, premises liability, medical malpractice, product liability, and more. To establish a personal injury claim in Florida, you must prove four elements: (1) the existence of a legal duty, (2) breach of that duty, (3) causation, and (4) damages.
Florida law recognizes that everyone has a general duty to act reasonably and avoid causing foreseeable harm to others. When this duty is breached—whether through careless driving, failure to maintain safe premises, or improper medical treatment—and the breach causes injury, the responsible party may be liable for damages.
Florida Statute of Limitations: §95.11
Florida Statutes §95.11 establishes the time limits within which a personal injury lawsuit must be filed. For most personal injury claims in Florida, including car accidents and slip and fall incidents, the statute of limitations is four years from the date of injury.
This deadline is critically important. If you fail to file a lawsuit within the four-year window, you will almost certainly lose your right to recover any compensation, regardless of how strong your case may be. The statute of limitations applies to the date you file the lawsuit, not the date you hire an attorney. There are limited exceptions for late-discovered injuries and minors.
Florida Comparative Negligence
Florida follows a pure comparative negligence system, which means that an injured person can recover compensation even if they were partially at fault for the accident. The amount of compensation is reduced by the percentage of fault attributed to the injured person.
For example, if you were involved in a Miami personal injury accident and the jury determines that you were 30% at fault while the defendant was 70% at fault, and your total damages were $100,000, you would be entitled to recover $70,000—the full amount reduced by your 30% share of fault.
Insurance companies will use comparative negligence arguments to minimize their payouts, making it essential to have experienced legal representation protecting your interests.
Types of Florida Personal Injury Claims
Car Accidents
Florida car accidents are among the most common sources of personal injury claims. Florida requires drivers to carry Personal Injury Protection (PIP) insurance, which provides up to $10,000 in medical benefits regardless of fault. When injuries exceed the PIP threshold—a permanent injury as defined by Florida law—you may pursue a negligence claim against the at-fault driver for additional compensation including pain and suffering damages.
Slip and Fall / Premises Liability
Property owners in Florida have a duty to maintain their premises in a reasonably safe condition. If you slip and fall on someone else's property due to a dangerous condition that the property owner knew or should have known about and failed to address, you may have a premises liability claim.
Medical Malpractice
Florida medical malpractice claims arise when a healthcare provider's negligence causes injury. These cases require an affidavit from a medical expert attesting to the breach of the applicable standard of care. Florida law imposes a strict two-year statute of limitations for medical malpractice claims.
Product Liability
Defective products can cause serious injuries. Florida product liability law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products through manufacturing defects, design defects, or failure to warn of known hazards.
Damages Available in Florida Personal Injury Cases
Economic Damages
Economic damages are objective losses including medical expenses (past and future), lost wages, loss of earning capacity, and property damage.
Non-Economic Damages
Non-economic damages compensate for subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving permanent disability, these damages can be substantial.
Wrongful Death Damages
If a personal injury results in death, certain family members may pursue a wrongful death claim under Florida Statutes §766.103, including compensation for lost support, lost services, loss of companionship, and funeral expenses.
The Florida Personal Injury Claims Process
Step 1: Seek medical attention immediately. Step 2: Document everything—photographs of the accident scene and injuries, witness information, police reports. Step 3: Notify the at-fault party's insurance carrier of your claim. Step 4: Negotiate with the insurer; do not accept the first offer. Step 5: If fair settlement cannot be reached, file a lawsuit.
Finding a Florida Personal Injury Lawyer
Studies consistently show that injury victims who hire attorneys receive significantly higher settlements and verdicts than those who handle claims on their own. Florida personal injury attorneys typically work on contingency—paying no attorney fees unless compensation is recovered. Contact chegl.com to connect with a Miami personal injury lawyer, Jacksonville personal injury lawyer, or Orlando personal injury lawyer for your free consultation. Learn more about personal injury law and your rights under Florida law.
Frequently Asked Questions
What is the statute of limitations for personal injury in Florida?
Under Florida Statutes §95.11, most personal injury claims must be filed within four years of the date of injury. Medical malpractice claims have a two-year statute of limitations.
How is fault determined in a Florida personal injury case?
Fault is determined through investigation including police reports, witness statements, photographs, and expert testimony. Florida's comparative negligence system allows recovery even if you are partially at fault.
What damages can I recover in a Florida personal injury case?
You may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases involving egregious conduct, punitive damages may also be available.
Do I need to go to trial for a Florida personal injury case?
Most personal injury cases settle before trial. However, having an attorney prepared to go to trial is essential to achieving fair settlements. Insurance companies are less likely to lowball a claimant whose attorney has a track record of successful verdicts.
📑 Table of Contents
Overview
Florida personal injury law provides legal remedies for individuals who have been injured due to the negligent or intentional conduct of another party. Whether you have been injured in a car accident in Miami, a slip and fall in Orlando, or any other incident caused by someone else's wrongdoing, understanding your legal rights is essential to recovering the compensation you deserve.
Florida's personal injury system is governed by a complex framework of statutes, case law, and court rules. The state's comparative negligence doctrine, combined with its four-year statute of limitations under Florida Statutes §95.11, creates specific requirements and deadlines that every injured person must understand. This comprehensive guide covers everything you need to know about Florida personal injury claims in 2026.
Understanding Florida Personal Injury Law
Personal injury law encompasses a broad range of claims, including motor vehicle accidents, premises liability, medical malpractice, product liability, and more. To establish a personal injury claim in Florida, you must prove four elements: (1) the existence of a legal duty, (2) breach of that duty, (3) causation, and (4) damages.
Florida law recognizes that everyone has a general duty to act reasonably and avoid causing foreseeable harm to others. When this duty is breached—whether through careless driving, failure to maintain safe premises, or improper medical treatment—and the breach causes injury, the responsible party may be liable for damages.
Florida Statute of Limitations: §95.11
Florida Statutes §95.11 establishes the time limits within which a personal injury lawsuit must be filed. For most personal injury claims in Florida, including car accidents and slip and fall incidents, the statute of limitations is four years from the date of injury.
This deadline is critically important. If you fail to file a lawsuit within the four-year window, you will almost certainly lose your right to recover any compensation, regardless of how strong your case may be. The statute of limitations applies to the date you file the lawsuit, not the date you hire an attorney. There are limited exceptions for late-discovered injuries and minors.
Florida Comparative Negligence
Florida follows a pure comparative negligence system, which means that an injured person can recover compensation even if they were partially at fault for the accident. The amount of compensation is reduced by the percentage of fault attributed to the injured person.
For example, if you were involved in a Miami personal injury accident and the jury determines that you were 30% at fault while the defendant was 70% at fault, and your total damages were $100,000, you would be entitled to recover $70,000—the full amount reduced by your 30% share of fault.
Insurance companies will use comparative negligence arguments to minimize their payouts, making it essential to have experienced legal representation protecting your interests.
Types of Florida Personal Injury Claims
Car Accidents
Florida car accidents are among the most common sources of personal injury claims. Florida requires drivers to carry Personal Injury Protection (PIP) insurance, which provides up to $10,000 in medical benefits regardless of fault. When injuries exceed the PIP threshold—a permanent injury as defined by Florida law—you may pursue a negligence claim against the at-fault driver for additional compensation including pain and suffering damages.
Slip and Fall / Premises Liability
Property owners in Florida have a duty to maintain their premises in a reasonably safe condition. If you slip and fall on someone else's property due to a dangerous condition that the property owner knew or should have known about and failed to address, you may have a premises liability claim.
Medical Malpractice
Florida medical malpractice claims arise when a healthcare provider's negligence causes injury. These cases require an affidavit from a medical expert attesting to the breach of the applicable standard of care. Florida law imposes a strict two-year statute of limitations for medical malpractice claims.
Product Liability
Defective products can cause serious injuries. Florida product liability law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products through manufacturing defects, design defects, or failure to warn of known hazards.
Damages Available in Florida Personal Injury Cases
Economic Damages
Economic damages are objective losses including medical expenses (past and future), lost wages, loss of earning capacity, and property damage.
Non-Economic Damages
Non-economic damages compensate for subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving permanent disability, these damages can be substantial.
Wrongful Death Damages
If a personal injury results in death, certain family members may pursue a wrongful death claim under Florida Statutes §766.103, including compensation for lost support, lost services, loss of companionship, and funeral expenses.
The Florida Personal Injury Claims Process
Step 1: Seek medical attention immediately. Step 2: Document everything—photographs of the accident scene and injuries, witness information, police reports. Step 3: Notify the at-fault party's insurance carrier of your claim. Step 4: Negotiate with the insurer; do not accept the first offer. Step 5: If fair settlement cannot be reached, file a lawsuit.
Finding a Florida Personal Injury Lawyer
Studies consistently show that injury victims who hire attorneys receive significantly higher settlements and verdicts than those who handle claims on their own. Florida personal injury attorneys typically work on contingency—paying no attorney fees unless compensation is recovered. Contact chegl.com to connect with a Miami personal injury lawyer, Jacksonville personal injury lawyer, or Orlando personal injury lawyer for your free consultation. Learn more about personal injury law and your rights under Florida law.
Frequently Asked Questions
What is the statute of limitations for personal injury in Florida?
Under Florida Statutes §95.11, most personal injury claims must be filed within four years of the date of injury. Medical malpractice claims have a two-year statute of limitations.
How is fault determined in a Florida personal injury case?
Fault is determined through investigation including police reports, witness statements, photographs, and expert testimony. Florida's comparative negligence system allows recovery even if you are partially at fault.
What damages can I recover in a Florida personal injury case?
You may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases involving egregious conduct, punitive damages may also be available.
Do I need to go to trial for a Florida personal injury case?
Most personal injury cases settle before trial. However, having an attorney prepared to go to trial is essential to achieving fair settlements. Insurance companies are less likely to lowball a claimant whose attorney has a track record of successful verdicts.
📌 Quick Facts
- Most consultations are free and no-obligation
- Many lawyers work on contingency (no win, no fee)
- Early legal advice can save time and money
- Initial documentation helps your case significantly
Key Points to Consider
Florida personal injury law provides legal remedies for individuals who have been injured due to the negligent or intentional conduct of another party. Whether you have been injured in a car accident in Miami, a slip and fall in Orlando, or any other incident caused by someone else's wrongdoing, understanding your legal rights is essential to recovering the compensation you deserve.
Florida's personal injury system is governed by a complex framework of statutes, case law, and court rules. The state's comparative negligence doctrine, combined with its four-year statute of limitations under Florida Statutes §95.11, creates specific requirements and deadlines that every injured person must understand. This comprehensive guide covers everything you need to know about Florida personal injury claims in 2026.
Understanding Florida Personal Injury Law
Personal injury law encompasses a broad range of claims, including motor vehicle accidents, premises liability, medical malpractice, product liability, and more. To establish a personal injury claim in Florida, you must prove four elements: (1) the existence of a legal duty, (2) breach of that duty, (3) causation, and (4) damages.
Florida law recognizes that everyone has a general duty to act reasonably and avoid causing foreseeable harm to others. When this duty is breached—whether through careless driving, failure to maintain safe premises, or improper medical treatment—and the breach causes injury, the responsible party may be liable for damages.
Florida Statute of Limitations: §95.11
Florida Statutes §95.11 establishes the time limits within which a personal injury lawsuit must be filed. For most personal injury claims in Florida, including car accidents and slip and fall incidents, the statute of limitations is four years from the date of injury.
This deadline is critically important. If you fail to file a lawsuit within the four-year window, you will almost certainly lose your right to recover any compensation, regardless of how strong your case may be. The statute of limitations applies to the date you file the lawsuit, not the date you hire an attorney. There are limited exceptions for late-discovered injuries and minors.
Florida Comparative Negligence
Florida follows a pure comparative negligence system, which means that an injured person can recover compensation even if they were partially at fault for the accident. The amount of compensation is reduced by the percentage of fault attributed to the injured person.
For example, if you were involved in a Miami personal injury accident and the jury determines that you were 30% at fault while the defendant was 70% at fault, and your total damages were $100,000, you would be entitled to recover $70,000—the full amount reduced by your 30% share of fault.
Insurance companies will use comparative negligence arguments to minimize their payouts, making it essential to have experienced legal representation protecting your interests.
Types of Florida Personal Injury Claims
Car Accidents
Florida car accidents are among the most common sources of personal injury claims. Florida requires drivers to carry Personal Injury Protection (PIP) insurance, which provides up to $10,000 in medical benefits regardless of fault. When injuries exceed the PIP threshold—a permanent injury as defined by Florida law—you may pursue a negligence claim against the at-fault driver for additional compensation including pain and suffering damages.
Slip and Fall / Premises Liability
Property owners in Florida have a duty to maintain their premises in a reasonably safe condition. If you slip and fall on someone else's property due to a dangerous condition that the property owner knew or should have known about and failed to address, you may have a premises liability claim.
Medical Malpractice
Florida medical malpractice claims arise when a healthcare provider's negligence causes injury. These cases require an affidavit from a medical expert attesting to the breach of the applicable standard of care. Florida law imposes a strict two-year statute of limitations for medical malpractice claims.
Product Liability
Defective products can cause serious injuries. Florida product liability law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products through manufacturing defects, design defects, or failure to warn of known hazards.
Damages Available in Florida Personal Injury Cases
Economic Damages
Economic damages are objective losses including medical expenses (past and future), lost wages, loss of earning capacity, and property damage.
Non-Economic Damages
Non-economic damages compensate for subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving permanent disability, these damages can be substantial.
Wrongful Death Damages
If a personal injury results in death, certain family members may pursue a wrongful death claim under Florida Statutes §766.103, including compensation for lost support, lost services, loss of companionship, and funeral expenses.
The Florida Personal Injury Claims Process
Step 1: Seek medical attention immediately. Step 2: Document everything—photographs of the accident scene and injuries, witness information, police reports. Step 3: Notify the at-fault party's insurance carrier of your claim. Step 4: Negotiate with the insurer; do not accept the first offer. Step 5: If fair settlement cannot be reached, file a lawsuit.
Finding a Florida Personal Injury Lawyer
Studies consistently show that injury victims who hire attorneys receive significantly higher settlements and verdicts than those who handle claims on their own. Florida personal injury attorneys typically work on contingency—paying no attorney fees unless compensation is recovered. Contact chegl.com to connect with a Miami personal injury lawyer, Jacksonville personal injury lawyer, or Orlando personal injury lawyer for your free consultation. Learn more about personal injury law and your rights under Florida law.
Frequently Asked Questions
What is the statute of limitations for personal injury in Florida?
Under Florida Statutes §95.11, most personal injury claims must be filed within four years of the date of injury. Medical malpractice claims have a two-year statute of limitations.
How is fault determined in a Florida personal injury case?
Fault is determined through investigation including police reports, witness statements, photographs, and expert testimony. Florida's comparative negligence system allows recovery even if you are partially at fault.
What damages can I recover in a Florida personal injury case?
You may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases involving egregious conduct, punitive damages may also be available.
Do I need to go to trial for a Florida personal injury case?
Most personal injury cases settle before trial. However, having an attorney prepared to go to trial is essential to achieving fair settlements. Insurance companies are less likely to lowball a claimant whose attorney has a track record of successful verdicts.
Common Questions
Florida personal injury law provides legal remedies for individuals who have been injured due to the negligent or intentional conduct of another party. Whether you have been injured in a car accident in Miami, a slip and fall in Orlando, or any other incident caused by someone else's wrongdoing, understanding your legal rights is essential to recovering the compensation you deserve.
Florida's personal injury system is governed by a complex framework of statutes, case law, and court rules. The state's comparative negligence doctrine, combined with its four-year statute of limitations under Florida Statutes §95.11, creates specific requirements and deadlines that every injured person must understand. This comprehensive guide covers everything you need to know about Florida personal injury claims in 2026.
Understanding Florida Personal Injury Law
Personal injury law encompasses a broad range of claims, including motor vehicle accidents, premises liability, medical malpractice, product liability, and more. To establish a personal injury claim in Florida, you must prove four elements: (1) the existence of a legal duty, (2) breach of that duty, (3) causation, and (4) damages.
Florida law recognizes that everyone has a general duty to act reasonably and avoid causing foreseeable harm to others. When this duty is breached—whether through careless driving, failure to maintain safe premises, or improper medical treatment—and the breach causes injury, the responsible party may be liable for damages.
Florida Statute of Limitations: §95.11
Florida Statutes §95.11 establishes the time limits within which a personal injury lawsuit must be filed. For most personal injury claims in Florida, including car accidents and slip and fall incidents, the statute of limitations is four years from the date of injury.
This deadline is critically important. If you fail to file a lawsuit within the four-year window, you will almost certainly lose your right to recover any compensation, regardless of how strong your case may be. The statute of limitations applies to the date you file the lawsuit, not the date you hire an attorney. There are limited exceptions for late-discovered injuries and minors.
Florida Comparative Negligence
Florida follows a pure comparative negligence system, which means that an injured person can recover compensation even if they were partially at fault for the accident. The amount of compensation is reduced by the percentage of fault attributed to the injured person.
For example, if you were involved in a Miami personal injury accident and the jury determines that you were 30% at fault while the defendant was 70% at fault, and your total damages were $100,000, you would be entitled to recover $70,000—the full amount reduced by your 30% share of fault.
Insurance companies will use comparative negligence arguments to minimize their payouts, making it essential to have experienced legal representation protecting your interests.
Types of Florida Personal Injury Claims
Car Accidents
Florida car accidents are among the most common sources of personal injury claims. Florida requires drivers to carry Personal Injury Protection (PIP) insurance, which provides up to $10,000 in medical benefits regardless of fault. When injuries exceed the PIP threshold—a permanent injury as defined by Florida law—you may pursue a negligence claim against the at-fault driver for additional compensation including pain and suffering damages.
Slip and Fall / Premises Liability
Property owners in Florida have a duty to maintain their premises in a reasonably safe condition. If you slip and fall on someone else's property due to a dangerous condition that the property owner knew or should have known about and failed to address, you may have a premises liability claim.
Medical Malpractice
Florida medical malpractice claims arise when a healthcare provider's negligence causes injury. These cases require an affidavit from a medical expert attesting to the breach of the applicable standard of care. Florida law imposes a strict two-year statute of limitations for medical malpractice claims.
Product Liability
Defective products can cause serious injuries. Florida product liability law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products through manufacturing defects, design defects, or failure to warn of known hazards.
Damages Available in Florida Personal Injury Cases
Economic Damages
Economic damages are objective losses including medical expenses (past and future), lost wages, loss of earning capacity, and property damage.
Non-Economic Damages
Non-economic damages compensate for subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving permanent disability, these damages can be substantial.
Wrongful Death Damages
If a personal injury results in death, certain family members may pursue a wrongful death claim under Florida Statutes §766.103, including compensation for lost support, lost services, loss of companionship, and funeral expenses.
The Florida Personal Injury Claims Process
Step 1: Seek medical attention immediately. Step 2: Document everything—photographs of the accident scene and injuries, witness information, police reports. Step 3: Notify the at-fault party's insurance carrier of your claim. Step 4: Negotiate with the insurer; do not accept the first offer. Step 5: If fair settlement cannot be reached, file a lawsuit.
Finding a Florida Personal Injury Lawyer
Studies consistently show that injury victims who hire attorneys receive significantly higher settlements and verdicts than those who handle claims on their own. Florida personal injury attorneys typically work on contingency—paying no attorney fees unless compensation is recovered. Contact chegl.com to connect with a Miami personal injury lawyer, Jacksonville personal injury lawyer, or Orlando personal injury lawyer for your free consultation. Learn more about personal injury law and your rights under Florida law.
Frequently Asked Questions
What is the statute of limitations for personal injury in Florida?
Under Florida Statutes §95.11, most personal injury claims must be filed within four years of the date of injury. Medical malpractice claims have a two-year statute of limitations.
How is fault determined in a Florida personal injury case?
Fault is determined through investigation including police reports, witness statements, photographs, and expert testimony. Florida's comparative negligence system allows recovery even if you are partially at fault.
What damages can I recover in a Florida personal injury case?
You may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases involving egregious conduct, punitive damages may also be available.
Do I need to go to trial for a Florida personal injury case?
Most personal injury cases settle before trial. However, having an attorney prepared to go to trial is essential to achieving fair settlements. Insurance companies are less likely to lowball a claimant whose attorney has a track record of successful verdicts.
What to Do Next
Florida personal injury law provides legal remedies for individuals who have been injured due to the negligent or intentional conduct of another party. Whether you have been injured in a car accident in Miami, a slip and fall in Orlando, or any other incident caused by someone else's wrongdoing, understanding your legal rights is essential to recovering the compensation you deserve.
Florida's personal injury system is governed by a complex framework of statutes, case law, and court rules. The state's comparative negligence doctrine, combined with its four-year statute of limitations under Florida Statutes §95.11, creates specific requirements and deadlines that every injured person must understand. This comprehensive guide covers everything you need to know about Florida personal injury claims in 2026.
Understanding Florida Personal Injury Law
Personal injury law encompasses a broad range of claims, including motor vehicle accidents, premises liability, medical malpractice, product liability, and more. To establish a personal injury claim in Florida, you must prove four elements: (1) the existence of a legal duty, (2) breach of that duty, (3) causation, and (4) damages.
Florida law recognizes that everyone has a general duty to act reasonably and avoid causing foreseeable harm to others. When this duty is breached—whether through careless driving, failure to maintain safe premises, or improper medical treatment—and the breach causes injury, the responsible party may be liable for damages.
Florida Statute of Limitations: §95.11
Florida Statutes §95.11 establishes the time limits within which a personal injury lawsuit must be filed. For most personal injury claims in Florida, including car accidents and slip and fall incidents, the statute of limitations is four years from the date of injury.
This deadline is critically important. If you fail to file a lawsuit within the four-year window, you will almost certainly lose your right to recover any compensation, regardless of how strong your case may be. The statute of limitations applies to the date you file the lawsuit, not the date you hire an attorney. There are limited exceptions for late-discovered injuries and minors.
Florida Comparative Negligence
Florida follows a pure comparative negligence system, which means that an injured person can recover compensation even if they were partially at fault for the accident. The amount of compensation is reduced by the percentage of fault attributed to the injured person.
For example, if you were involved in a Miami personal injury accident and the jury determines that you were 30% at fault while the defendant was 70% at fault, and your total damages were $100,000, you would be entitled to recover $70,000—the full amount reduced by your 30% share of fault.
Insurance companies will use comparative negligence arguments to minimize their payouts, making it essential to have experienced legal representation protecting your interests.
Types of Florida Personal Injury Claims
Car Accidents
Florida car accidents are among the most common sources of personal injury claims. Florida requires drivers to carry Personal Injury Protection (PIP) insurance, which provides up to $10,000 in medical benefits regardless of fault. When injuries exceed the PIP threshold—a permanent injury as defined by Florida law—you may pursue a negligence claim against the at-fault driver for additional compensation including pain and suffering damages.
Slip and Fall / Premises Liability
Property owners in Florida have a duty to maintain their premises in a reasonably safe condition. If you slip and fall on someone else's property due to a dangerous condition that the property owner knew or should have known about and failed to address, you may have a premises liability claim.
Medical Malpractice
Florida medical malpractice claims arise when a healthcare provider's negligence causes injury. These cases require an affidavit from a medical expert attesting to the breach of the applicable standard of care. Florida law imposes a strict two-year statute of limitations for medical malpractice claims.
Product Liability
Defective products can cause serious injuries. Florida product liability law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products through manufacturing defects, design defects, or failure to warn of known hazards.
Damages Available in Florida Personal Injury Cases
Economic Damages
Economic damages are objective losses including medical expenses (past and future), lost wages, loss of earning capacity, and property damage.
Non-Economic Damages
Non-economic damages compensate for subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving permanent disability, these damages can be substantial.
Wrongful Death Damages
If a personal injury results in death, certain family members may pursue a wrongful death claim under Florida Statutes §766.103, including compensation for lost support, lost services, loss of companionship, and funeral expenses.
The Florida Personal Injury Claims Process
Step 1: Seek medical attention immediately. Step 2: Document everything—photographs of the accident scene and injuries, witness information, police reports. Step 3: Notify the at-fault party's insurance carrier of your claim. Step 4: Negotiate with the insurer; do not accept the first offer. Step 5: If fair settlement cannot be reached, file a lawsuit.
Finding a Florida Personal Injury Lawyer
Studies consistently show that injury victims who hire attorneys receive significantly higher settlements and verdicts than those who handle claims on their own. Florida personal injury attorneys typically work on contingency—paying no attorney fees unless compensation is recovered. Contact chegl.com to connect with a Miami personal injury lawyer, Jacksonville personal injury lawyer, or Orlando personal injury lawyer for your free consultation. Learn more about personal injury law and your rights under Florida law.
Frequently Asked Questions
What is the statute of limitations for personal injury in Florida?
Under Florida Statutes §95.11, most personal injury claims must be filed within four years of the date of injury. Medical malpractice claims have a two-year statute of limitations.
How is fault determined in a Florida personal injury case?
Fault is determined through investigation including police reports, witness statements, photographs, and expert testimony. Florida's comparative negligence system allows recovery even if you are partially at fault.
What damages can I recover in a Florida personal injury case?
You may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases involving egregious conduct, punitive damages may also be available.
Do I need to go to trial for a Florida personal injury case?
Most personal injury cases settle before trial. However, having an attorney prepared to go to trial is essential to achieving fair settlements. Insurance companies are less likely to lowball a claimant whose attorney has a track record of successful verdicts.
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