Florida Personal Injury Law Guide

Overview of Florida Personal Injury Law

Florida underwent major personal injury law reform in 2023. The state remains a mandatory no-fault PIP insurance state, requiring $10,000 in PIP coverage to access medical benefits without proving fault. However, the 2023 HB 837 reform shifted Florida from pure comparative fault to modified comparative fault with a 51% bar, preventing plaintiffs bearing majority fault from recovering. The same law reduced the statute of limitations from 4 years to 2 years. These changes significantly favored defendants and insurers. Plaintiffs must still meet a serious injury threshold to step outside the PIP system and file a tort lawsuit for pain and suffering damages. Florida sees high litigation volumes due to its large elderly population, heavy tourist traffic, and active construction industry. Medical malpractice cases require a pre-suit investigation period and expert affidavit. Wrongful death claims have a 2-year statute of limitations under Fla. Stat. § 95.11.

Statute of Limitations in Florida

In Florida, you generally have 2 years from the date of your injury to file a personal injury lawsuit. Missing this deadline almost always results in your case being permanently dismissed, regardless of how strong your claim is.

Learn more: What is a Statute of Limitations?

Florida Auto Insurance & Fault System

Florida drivers must carry Personal Injury Protection (PIP) coverage. Minor injuries are handled through your own insurer first, without proving fault. You may only file a tort lawsuit against the at-fault driver after meeting the state's serious injury threshold.

Key Facts — Florida Injury Law

• 1

  Florida is a no-fault auto insurance state requiring all drivers to carry PIP coverage of at least $10,000, which pays 80% of medical bills and 60% of lost wages regardless of fault — tort lawsuits require meeting a serious injury threshold.

• 2

  Florida switched to a modified comparative fault system with a 51% bar in March 2023 under HB 837 — previously using pure comparative fault, plaintiffs who are now found 51% or more at fault are completely barred from recovering damages.

• 3

  The statute of limitations for personal injury claims was reduced from 4 years to 2 years by HB 837 in 2023 under Fla. Stat. § 95.11(3)(a), significantly shortening the time injured Floridians have to file personal injury lawsuits.

Average Personal Injury Settlements in Florida

Typical personal injury settlements in Florida range from $15,000 – $75,000. The final amount depends heavily on injury severity, total medical costs, lost wages, and the clarity of liability. Cases that proceed to trial often yield higher verdicts but take significantly longer to resolve.