If you have been hurt in Florida — in a car crash, a slip and fall, a defective-product incident, or because of someone else's carelessness — a personal injury claim is the legal process for recovering money for your medical bills, lost income, and pain. This guide walks through how those claims work in Florida, from the duty-of-care basics to the deadlines, the damages you can pursue, and the major 2023 law changes that reshaped the landscape.
This is general information, not legal advice. Personal injury law turns heavily on the facts of your specific situation, and Florida statutes are periodically amended, so treat the figures and rules below as a starting point and confirm anything load-bearing with a licensed Florida attorney.
| Question | Florida answer |
|---|---|
| How long do I have to sue? | Generally 2 years for negligence claims accruing on or after March 24, 2023 (Fla. Stat. § 95.11(4)(a)). Older claims may still be on the prior 4-year rule. |
| What if I was partly at fault? | Florida uses modified comparative negligence with a 51% bar — more than 50% at fault and you recover nothing (Fla. Stat. § 768.81). |
| Is Florida a no-fault state for car crashes? | Yes. Drivers carry $10,000 PIP and must seek care within 14 days (Fla. Stat. §§ 627.736, 627.737). |
| What can I recover? | Economic damages, non-economic damages (pain and suffering), and sometimes punitive damages (Fla. Stat. § 768.72). |
| Do I owe income tax on a settlement? | Florida has no state income tax; most physical-injury compensatory awards are also federally untaxed. |
| How are attorneys paid? | Almost always on a contingency fee — a percentage of the recovery, with no fee if you lose. |
What counts as a personal injury claim in Florida
A personal injury (or "tort") claim arises when one person's wrongful conduct causes physical, emotional, or financial harm to another. The overwhelming majority of Florida injury cases sound in negligence — the failure to use reasonable care. Common examples include car, truck, and motorcycle crashes; slip, trip, and fall accidents on someone else's property; medical malpractice; dog bites (Florida imposes strict liability under Fla. Stat. § 767.04); defective products; and nursing-home neglect.
Some claims rest on doctrines other than ordinary negligence. Strict liability applies to certain product defects and to dog-bite cases regardless of the owner's care. Intentional torts — assault, battery, false imprisonment — involve deliberate conduct. And premises liability claims (covered in our slip and fall and premises liability guide) apply special statutory rules to businesses where customers are hurt.
The four elements you must prove
To win a negligence case in Florida, you generally must establish four elements by a preponderance of the evidence (more likely than not):
Duty. The defendant owed you a legal duty of reasonable care — for example, every driver owes other road users a duty to drive safely, and a business owes invited customers a duty to keep the premises reasonably safe.
Breach. The defendant failed to meet that standard of care — speeding, ignoring a known hazard, or otherwise acting unreasonably.
Causation. The breach actually and proximately caused your injury. Florida requires both "but-for" causation and that the harm was a foreseeable result of the conduct.
Damages. You suffered actual, compensable harm — medical expenses, lost wages, property damage, or physical and emotional pain. Without damages, even careless conduct does not create a claim.
The deadline to file: Florida's statute of limitations
This is the single most important date in any injury case. Under the 2023 tort-reform law (HB 837), Florida shortened the general negligence statute of limitations from four years to two years. For most personal injury causes of action accruing on or after March 24, 2023, you have two years from the date of injury to file suit (Fla. Stat. § 95.11(4)(a)). Claims that accrued before that date generally remain governed by the older four-year period.
Different claim types carry different clocks. Medical malpractice has a two-year limit with a four-year statute of repose (Fla. Stat. § 95.11(4)(b)); wrongful death claims run two years from the date of death (Fla. Stat. § 95.11(4)(d)); and claims against government entities require a pre-suit notice within three years under Fla. Stat. § 768.28. Because these deadlines are strict and missing one usually ends the case, see our dedicated statute of limitations guide for the full breakdown.
Florida's modified comparative negligence rule
Before 2023, Florida followed "pure" comparative negligence, meaning an injured person could recover even if 90% at fault (reduced by their share). HB 837 changed that. Florida now applies modified comparative negligence with a 51% bar (Fla. Stat. § 768.81): if a jury finds you more than 50% responsible for your own injuries, you recover nothing. At 50% or less, your award is simply reduced by your percentage of fault.
For example, if your damages total $100,000 and you are found 30% at fault, you recover $70,000. But at 51% fault, you recover zero. This makes the apportionment of fault a central battleground in Florida injury litigation. The rule does not apply to medical-malpractice actions. Our comparative negligence guide works through how juries assign fault and how to protect your share of recovery.
Car accidents and Florida's no-fault system
Florida is one of a handful of no-fault auto-insurance states. Every registered vehicle owner must carry $10,000 in Personal Injury Protection (PIP) coverage, which pays your own medical bills and a portion of lost wages regardless of who caused the crash (Fla. Stat. § 627.736). To access PIP benefits, you must obtain medical care within 14 days of the accident, and full PIP benefits require a doctor to certify an Emergency Medical Condition (EMC).
Because PIP is limited, you can step outside the no-fault system and sue the at-fault driver directly only if your injury crosses a statutory serious-injury threshold — permanent injury, significant scarring or disfigurement, or death (Fla. Stat. § 627.737). For the full mechanics, see our car accident claims guide and our PIP and no-fault guide.
Premises liability and slip-and-fall claims
When you are hurt on someone else's property, the owner's duty depends partly on why you were there, and Florida applies a special rule to falls in businesses. Under Fla. Stat. § 768.0755, if you slip on a transitory foreign substance (a spill, a dropped item) in a business establishment, you must prove the business had actual or constructive knowledge of the hazardous condition and should have fixed it. Constructive knowledge can be shown by evidence that the condition existed long enough that the business should have discovered it, or that it occurred regularly and was foreseeable.
This knowledge requirement makes evidence of how long a spill was present — surveillance footage, inspection logs, witness accounts — critical. Our premises liability guide explains the visitor categories and how to build a case.
Medical malpractice claims
Medical malpractice claims are governed by a specialized statutory scheme in Florida (chapter 766) with strict pre-suit hurdles. Before filing, you must conduct a reasonable pre-suit investigation and obtain a corroborating affidavit from a qualified medical expert (Fla. Stat. § 766.203), then serve a notice of intent that triggers a 90-day pre-suit period (Fla. Stat. § 766.106). The limitations period is two years from when the malpractice was discovered or should have been discovered, capped by a four-year statute of repose, with exceptions for fraud and for minors (Fla. Stat. § 95.11(4)(b)). See our medical malpractice guide for the full pre-suit roadmap.
Wrongful death claims
When negligence or a wrongful act kills someone, surviving family members may bring a claim under the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26). The claim is filed by the personal representative of the deceased's estate, but it is brought for the benefit of statutory survivors — spouse, children, parents, and certain financially dependent relatives — who can recover for lost support, companionship, and their own mental pain and suffering. The estate may also recover lost earnings and medical and funeral expenses. Our wrongful death guide explains who qualifies and what survivors can recover.
What damages can you recover?
Florida injury awards fall into three categories:
Economic damages compensate concrete financial losses: past and future medical expenses, lost wages and diminished earning capacity, property damage, and out-of-pocket costs. These are typically proven with bills, pay records, and expert testimony.
Non-economic damages compensate intangible harms: physical pain, mental suffering, inconvenience, loss of enjoyment of life, and disfigurement. Florida does not currently cap non-economic damages in ordinary negligence cases (the Florida Supreme Court struck down the prior medical-malpractice caps), though caps still apply in certain contexts.
Punitive damages punish especially egregious conduct — intentional misconduct or gross negligence. Florida requires a court's permission and a reasonable evidentiary basis before a punitive-damages claim may even be pleaded (Fla. Stat. § 768.72), and they are generally capped at the greater of three times compensatory damages or $500,000 (Fla. Stat. § 768.73).
How insurance shapes your claim
Most Florida injury claims are paid by insurance, and the insurer — not the at-fault individual — usually controls the defense and negotiations. Liability carriers have a financial incentive to minimize payouts, so early recorded statements and quick lowball offers are common tactics. In auto cases, your own uninsured/underinsured motorist (UM/UIM) coverage can be vital, because Florida does not require drivers to carry bodily-injury liability coverage, leaving many at-fault drivers underinsured. Reviewing all available policies — the defendant's, your own, and any umbrella coverage — is a key early step.
The claims process step by step
1. Get medical care and document everything. Your health comes first, and contemporaneous medical records are the backbone of any claim. In auto cases, remember the 14-day PIP rule.
2. Preserve evidence. Photographs, the police or incident report, witness contact information, and (in premises cases) a demand to preserve surveillance video can make or break a case.
3. Notify insurers and consult an attorney. Report the incident, but be cautious about recorded statements. Most personal injury lawyers offer free consultations and work on contingency.
4. Investigation and demand. Your attorney gathers records, calculates damages, and sends a demand to the insurer once your condition stabilizes.
5. Negotiation, lawsuit, and trial. Many cases settle. If not, suit is filed before the limitations deadline, followed by discovery, mediation (often court-ordered in Florida), and, if necessary, trial.
How attorneys charge in Florida injury cases
Personal injury lawyers in Florida almost universally work on a contingency fee: they advance the costs of the case and collect a percentage of the recovery only if you win, with nothing owed if you lose. The Florida Bar sets presumptive contingency-fee tiers in its rules (commonly 33⅓% up to a set amount before suit, rising thereafter). Because you owe no upfront fee, even people with modest means can pursue legitimate claims. Always read the fee agreement and ask how case costs are handled.
Frequently asked questions
How long do I have to file a personal injury lawsuit in Florida?
For most negligence claims accruing on or after March 24, 2023, the deadline is two years from the date of injury (Fla. Stat. § 95.11(4)(a)). Claims that accrued earlier may still fall under the prior four-year rule, and special deadlines apply to medical malpractice, wrongful death, and claims against the government. Because missing the deadline almost always ends a case, confirm your specific date with an attorney quickly.
Can I still recover if the accident was partly my fault?
Yes, as long as you are not more than 50% at fault. Florida's modified comparative negligence rule (Fla. Stat. § 768.81) reduces your recovery by your share of fault, and bars recovery entirely if you are found 51% or more responsible. Medical-malpractice claims are not subject to the 51% bar.
Do I have to use my own insurance first after a car crash?
Yes. Florida's no-fault system requires your own $10,000 PIP coverage to pay your initial medical bills and lost wages regardless of fault, and you must seek treatment within 14 days (Fla. Stat. § 627.736). You can only sue the at-fault driver for pain and suffering if your injuries meet the serious-injury threshold in Fla. Stat. § 627.737.
Is my injury settlement taxable in Florida?
Florida has no state income tax, so there is no state tax on a settlement. Under federal law, compensation for physical injuries or physical sickness is generally not taxable, though portions allocated to punitive damages or certain interest may be. Consult a tax professional about your specific award.
How much is my case worth?
There is no formula. Value depends on the severity and permanence of your injuries, your medical bills and lost income, the strength of the liability evidence, the available insurance coverage, and your share of comparative fault. An experienced attorney can estimate a range after reviewing your records, but no honest lawyer can guarantee a number.
What if the at-fault party has no insurance or assets?
This is common in Florida, which does not mandate bodily-injury liability coverage. Your own uninsured/underinsured motorist coverage may step in for auto crashes, and there may be other responsible parties (an employer, a property owner, a manufacturer) with coverage. An attorney's early investigation of all available policies is often the difference between a recovery and an empty judgment.
Do I really need a lawyer, or can I handle it myself?
Minor property-damage-only claims can sometimes be handled directly with an insurer. But for anything involving meaningful injury, comparative-fault disputes, or the no-fault threshold, the insurer has lawyers and adjusters whose job is to pay you less. Because Florida injury attorneys work on contingency, representation usually costs nothing upfront and often nets more even after fees.
Find a Florida personal injury attorney
Florida injury law changed significantly with the 2023 reforms, and the two-year filing deadline leaves little room to wait. If you have been hurt, consider speaking promptly with a licensed Florida personal injury attorney who can evaluate your claim, identify every source of insurance coverage, and protect your rights under the current statutes. Most offer free consultations and work on a contingency-fee basis.