Comprehensive Personal Injury Guide – Plantation, Florida

Introduction: Why Plantation Residents Need a Local Personal Injury Guide

Nestled in Broward County, Plantation, Florida sees steady traffic on I-595, the Florida Turnpike, University Drive, and Pine Island Road. Add year-round tourism, seasonal storms, and a growing population of more than 90,000 residents, and accidents are inevitable. Whether you were rear-ended near the Westfield Broward Mall, slipped at Plantation Central Park, or suffered injuries during hurricane preparation, you are not alone. Victims often search online for a personal injury lawyer Plantation Florida only to find scattered information. This evidence-based guide consolidates the most important Florida statutes, procedures, and local resources so that injury victims can make informed decisions and protect their rights.

Every statement below relies on authoritative sources, including the Florida Statutes, the Florida Rules of Civil Procedure, published appellate opinions, and official data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). If a fact could not be verified, it has been omitted. The purpose is to slightly favor the victim’s perspective while remaining strictly factual and professional.

Understanding Your Personal Injury Rights in Florida

Florida’s Negligence Standard

Most personal injury cases arise from negligence—the failure to use reasonable care under the circumstances. Florida codifies negligence principles in Chapter 768, Florida Statutes. A plaintiff must prove four elements by the greater weight of the evidence:

• Duty: The defendant owed a legal duty of care.

• Breach: The defendant breached (violated) that duty.

• Causation: The breach caused the plaintiff’s injuries (both actual and proximate cause).

• Damages: The plaintiff suffered compensable losses.

Modified Comparative Negligence (2023 Update)

House Bill 837, effective March 24, 2023, amended Fla. Stat. §768.81, replacing pure comparative negligence with modified comparative negligence. An injured person who is more than 50% at fault cannot recover damages. If you are 50% or less at fault, your award is reduced by your percentage of fault. Example: a jury awards $100,000, finding you 20% responsible; you collect $80,000.

Statute of Limitations

Per Fla. Stat. §95.11(4)(a) (as amended 2023), most negligence-based personal injury claims must be filed within two years of the date of injury—down from the previous four-year period. Claims against governmental entities require additional presuit notice under Fla. Stat. §768.28(6) and may have different deadlines. Medical malpractice cases follow Fla. Stat. §95.11(4)(b), generally two years from discovery but no more than four years in total, subject to narrow exceptions.

Common Types of Personal Injury Cases in Florida

Motor Vehicle Collisions

FLHSMV recorded more than 41,000 crashes in Broward County in 2022, with Plantation contributing hundreds of incidents. Because Florida follows a no-fault system (Fla. Stat. §§627.730–727.7405), injured motorists first turn to their own Personal Injury Protection (PIP) for up to $10,000 in medical and disability benefits. To sue the at-fault driver for pain and suffering, you must meet the serious injury threshold in Fla. Stat. §627.737—significant and permanent loss of an important bodily function, permanent injury, or scarring/disfigurement.

Slip, Trip, and Fall Accidents

Florida property owners owe invitees a duty to maintain reasonably safe premises. Under Fla. Stat. §768.0755, a business is liable for a transitory foreign substance (e.g., spilled beverage) only if it had actual or constructive notice and failed to act. Evidence such as surveillance footage, incident reports, or witness statements can be critical in proving notice.

Medical Malpractice

A claim against HCA Florida Westside Hospital, Plantation General Hospital (now HCA Florida University Hospital), or any licensed provider requires compliance with the presuit screening procedures in Fla. Stat. §766.106 and Fla. Stat. §766.203. Expert affidavits are mandatory, and the statute of limitations runs two years from when the injury was or should have been discovered.

Product Liability

Florida recognizes strict liability for defective products under caselaw such as West v. Caterpillar Tractor Co., 336 So.2d 80 (Fla. 1976). Plaintiffs must prove that the product was unreasonably dangerous when it left the manufacturer’s control and that the defect caused the injury.

Hurricane-Related Injuries

Broward County’s hurricane history (e.g., hurricanes Wilma, Irma, Ian) creates unique hazards—falling debris, generator fumes, and post-storm electrical accidents. Negligent maintenance of trees or failure to secure job sites can give rise to claims against property owners or contractors.

Florida Legal Protections & Injury Laws

PIP and No-Fault Insurance

Every owner of a motor vehicle registered in Florida must maintain $10,000 in PIP and $10,000 in Property Damage Liability (PDL). PIP pay outs 80% of reasonable medical expenses and 60% of lost wages, subject to deductibles. Treatment sought after 14 days from the accident may be denied, per Fla. Stat. §627.736(1)(a).

Caps on Damages

Florida does not cap economic damages such as past and future medical expenses or lost earnings. Non-economic damages (pain and suffering) are generally uncapped in negligence cases. The Florida Supreme Court in Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014) struck down the state’s medical malpractice noneconomic cap as unconstitutional in wrongful-death cases. Subsequent opinions (North Broward Hosp. Dist. v. Kalitan, 219 So.3d 49 (Fla. 2017)) extended the ruling to personal injury cases.

Punitive Damages

Punitive damages are reserved for intentional misconduct or gross negligence and require court leave under Fla. Stat. §768.72. They are capped at the greater of three times the compensatory damages or $500,000, with higher caps in certain DUI cases.

Attorney’s Fees & Contingent Fees

Florida Rule of Professional Conduct 4-1.5(f) regulates contingency fees. Typical personal injury contingency rates range from 33⅓% to 40% before filing suit and 40% thereafter, subject to court approval for minors or medical malpractice cases.

Court Procedural Rules

• Presuit Notices: Government claims require notice to the Department of Financial Services and the agency involved per Fla. Stat. §768.28.

• Service of Process: Governed by Fla. R. Civ. P. 1.070 and Chapter 48, Florida Statutes.

• Discovery: Fla. R. Civ. P. 1.280–1.410 provide broad discovery to gather medical records, accident reports, and electronic data.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Timely treatment protects both your health and your legal claim. Facilities in or near Plantation include HCA Florida Westside Hospital (8201 W. Broward Blvd.) and Broward Health Medical Center in Fort Lauderdale. Tell the provider every symptom to ensure accurate records.

2. Preserve Evidence

• Photograph the scene (hazard, vehicle damage, weather conditions).

• Obtain the police report number from the Plantation Police Department (451 NW 70th Terrace).

• Gather witness contact information; under Fla. Stat. §316.066, drivers involved in a crash must remain at the scene and provide statements to law enforcement.

3. Notify Insurance Carriers Promptly

Fla. Stat. §627.736 requires prompt PIP notice. Late notice can reduce or bar coverage. When speaking with adjusters, stick to basic facts; recorded statements can be used against you.

4. Document Expenses and Losses

Save receipts for prescription medication, medical devices, Uber rides to appointments, and invoices for household help. Keep a pain journal noting limitations and emotional distress. These records strengthen claims for economic and non-economic damages.

5. Avoid Social Media Pitfalls

Florida courts increasingly admit social media posts as evidence (Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015)). Photos of vacationing, exercising, or partying can undermine injury claims.

When to Seek Legal Help in Florida

While minor property-damage disputes may be handled alone, injury victims often benefit from counsel in the following scenarios:

• Severe or permanent injury: spinal cord damage, traumatic brain injury, or disfigurement.

• Disputed liability: the insurance company argues you were mostly at fault under Fla. Stat. §768.81.

• Multiple defendants: e.g., ride-share accidents involving Uber, Lyft, and a negligent road contractor.

• Complex insurance: stacking UM/UIM, health insurance liens, or Medicare Secondary Payer issues.

• Government entities: sidewalk defects or bus accidents involving Broward County Transit (special presuit requirements).

An experienced Plantation accident attorney can calculate damages, negotiate liens, and file suit before the two-year statute expires. Many firms, including Louis Law Group, accept cases on contingency—no upfront cost to the client.

Local Resources & Next Steps

Plantation & Broward County Contacts

Plantation Police Department: 451 NW 70th Terrace, Plantation; request crash reports via Plantation PD Website.

• Broward County Courthouse: 201 SE 6th St., Fort Lauderdale—personal injury cases are filed in the 17th Judicial Circuit.

FLHSMV Traffic Crash Reports: statewide data available at FLHSMV Crash Portal. The Florida Bar Lawyer Referral Service: 800-342-8011 or Online Portal.

Authoritative Reading

Florida Statutes Chapter 768 Florida PIP Statute §627.736 Florida Bar Consumer Guide to Personal Injury

Final Checklist Before Filing Suit

• Confirm the two-year statute of limitations has not lapsed.

• Gather medical records, bills, and employment documentation.

• Calculate damages, considering comparative fault adjustments.

• Draft and send a demand package to the insurer with supporting evidence.

• If negotiations stall, file a complaint in the 17th Judicial Circuit using Florida’s e-Portal, serve defendants, and conduct discovery.

Legal Disclaimer: This guide provides general information based on Florida law and authoritative sources. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Florida attorney.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.