Florida Personal Injury Laws:

When filing an insurance claim or lawsuit due to an accident or injury, specific Florida Personal Injury laws must be kept in mind.

Florida personal injury statute of limitations
Modified comparative negligence
The 51% rule
Florida’s no-fault/PIP system
The 14-day medical-treatment rule
Serious injury threshold
UM/UIM coverage
Insurance bad faith
Evidence preservation
Medical bills and damages
Wrongful death
Slip-and-fall deadlines
Government claims
What changes when the defendant is a commercial vehicle/trucking company
When you should contact a lawyer

FLORIDA PERSONAL INJURY STATUTE OF LIMITATIONS ARE DIFFERENT AS OF 2024

Back in March of 2023, as a result of Florida HB 837, Florida personal injury laws were updated. The personal injury statute of limitations for claims based on the theory of negligence was changed from 4 years to 2 years.

As a result, beginning in 2024, the statute of limitations for any personal injury claims based on that theory of negligence is now just 2 years.

Any accident that occurred after March 24, 2023 would be subject to this new 2-year statute of limitations.

Failing to file a claim within 2 years of the date of an accident or injury will prevent accident victims from receiving compensation.

While rare, instances that may lead to the window being extended can occur in situations where a victim may not have discovered they suffered harm until significant time has elapsed after the incident.

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MODIFIED COMPARATIVE NEGLIGENCE REPLACES COMPARATIVE NEGLIGENCE

When Governor Ron DeSantis signed House Bill 837 into law effective March 24, 2023, it also shifted Florida to a modified comparative negligence standard (the 51% bar rule).

How Florida’s Current Modified Comparative Negligence Law Works:

50% or Less at Fault: You can recover damages, but your financial award is reduced by your exact percentage of fault.

51% or More at Fault: You are completely barred from recovering any compensation from other at-fault parties.

Governing Statute: This is codified under Florida Statutes section 768.81.

The Medical Malpractice Exception

Medical negligence and medical malpractice claims are an exception to this rule and still follow the old pure comparative negligence system. In those specific medical cases, a plaintiff can still recover damages even if they are more than 50% responsible for their harm.

Florida used to follow the Comparative Negligence Law:

Florida personal injury laws used to include provisions for comparative negligence.

If an accident or injury victim was seeking to hold the negligent party liable and that party then tried to claim that the victim was actually to blame – either in full or in part – it could have affected the amount of compensation received from other at-fault people or businesses. As of March 24, 2023, that is no longer true.

Florida no longer follows a “pure comparative negligence rule“, where the compensation a victim was entitled to could be reduced by the amount equal to the percentage the victim is at fault for.

For example, if a driver ran a red light hitting the victim, as the victim was traveling above the speed limit, insurance adjusters could often cite and try to make use of this rule during settlement talks.

The 51% Rule

if you are more than 50% responsible for an accident or injury, you cannot recover any financial compensation.

How the 51% Rule Works:

Modified Comparative Negligence: Florida adopted this system under House Bill 837 in March 2023, replacing the older “pure comparative negligence” model.

The 50% Threshold: If you are 50% or less at fault, you can still recover damages, but your payout is reduced by your exact percentage of fault.

The 51% Cutoff: If you are 51% or more at fault, your right to recover money from the other party is completely barred.

Example of the 51% Rule:

30% at Fault: If your damages are $100,000 and you bear 30% of the blame, you can recover $70,000.

51% at Fault: If your damages are $100,000 and you bear 51% of the blame, you recover $0.

Common Exceptions to the 51% rule:

Medical Malpractice: Medical malpractice claims are exempt and still follow the older pure comparative negligence rules

The Real Meaning Behind Florida’s “No-Fault” Auto Insurance:

Florida personal injury laws also include provisions related to insurance.

Florida is a “No-Fault” insurance state when it comes to automobile liability insurance. This can be quite a confusing topic.

There is sometimes a misconception that because Florida is a “No-Fault” state, that the at-fault party cannot be sued and held liable for the injuries that they caused in an auto accident. This is incorrect. Unless the “serious injury” threshold is met, victims are not usually able to hold the other driver liable. Most minor accidents fall under the no-fault rule. The serious injury threshold is met when permanent injury, significant and permanent scarring, or disfigurement occur.

Under Florida law, every motorist is required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. PIP coverage is to cover medical bills and lost wages that each driver may suffer when in an auto accident, no matter who was at-fault.

When a car accident occurs, each party involved turns to their own insurance company for medical costs and other losses up to $10,000. In order for your PIP coverage to kick in, you will need to seek treatment within 14 days of the auto accident. If not, there will be no PIP coverage applied.

The complex issues involved in these types of claims are a strong reason why anyone involved in any type of accident involving injury should immediately contact an experienced car accident lawyer. Our firm will have multiple personal injury lawyers and associates review and work on your case in order to give it the extra attention it deserves.

At Fernandez Law Group, you are choosing a Tampa personal injury lawyer with an in-depth understanding of exactly how to get you the compensation you deserve. If you have experienced loss due to a serious Florida injury, contact Fernandez Law Group to speak with a knowledgeable Tampa personal injury attorney today.

The 14-day Medical Treatment Rule

Florida’s 14-day rule requires car accident victims to receive initial medical care within 14 calendar days of a crash to qualify for Personal Injury Protection (PIP) insurance benefits.

Key Details of the Rule:

Deadline: You must see a licensed medical professional within 14 days of the accident date, even if you feel fine initially or your symptoms appear later.
Qualifying Providers: Initial care must come from a qualified provider, such as a hospital, emergency services, medical doctor (MD), doctor of osteopathic medicine (DO), chiropractor, dentist, or advanced practice registered nurse (APRN).
What Does Not Count: Self-care, home remedies, over-the-counter medicine, or advice from friends and family do not satisfy the legal requirement. Care must be documented in official medical records.
Penalty: If you miss the 14-day window, your auto insurance provider can completely deny your PIP benefits (up to $10,000), leaving you personally responsible for all medical bills from the crash.

Serious Injury Threshold

Under Florida Statute Section 627.737, Florida’s serious injury threshold requires an injured person to meet at least one of four specific conditions to step outside the no-fault insurance system and sue an at-fault driver for non-economic damages, such as pain and suffering.

An injury must satisfy at least one of these four statutory standards:

Significant and permanent loss of an important bodily function.
Permanent injury within a reasonable degree of medical probability, excluding scarring or disfigurement.
Significant and permanent scarring or disfigurement.
Death.

Proving the Threshold

Medical Evidence: You must provide clear physician documentation and objective findings (such as MRI scans or surgical records) showing the injury is permanent.
No-Fault Context: Florida’s personal injury protection (PIP) covers your initial medical bills and lost wages regardless of fault, but you cannot pursue pain and suffering unless your injury crosses this threshold.

UM/UIM Coverage

UM/UIM in Florida stands for Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, which is an optional auto insurance add-on that protects you when you are injured in a crash caused by another driver who lacks insurance or doesn’t have enough coverage.

How UM/UIM Works in Florida

Uninsured Motorist (UM): Kicks in if the at-fault driver has zero bodily injury liability insurance or if you are the victim of a hit-and-run.
Underinsured Motorist (UIM): Kicks in if the at-fault driver has insurance, but their policy limits are too low to pay for all of your medical bills and damages.

What Does UM/UIM cover?

UM/UIM protection covers medical bills, lost wages, and pain and suffering after your basic Personal Injury Protection (PIP) is used up. It does not cover vehicle property damage.

Why is UM/UIM Important to have in Florida?

The Protection Gap: Florida does not legally require drivers to carry bodily injury liability insurance. Combined with the state’s minimum $10,000 PIP limit, a severe accident caused by an underinsured driver can leave you with massive out-of-pocket expenses.
Optional vs. Automatic: Insurers in Florida are not forced to make it mandatory, but state law requires them to offer UM/UIM coverage to you in writing. If you do not want it, you must sign a formal rejection form.
Stacking: Florida allows you to choose stacked or non-stacked UM/UIM coverage. Stacking multiplies your coverage limits by the number of vehicles on your policy, offering broader protection