Florida Personal Injury Law Guide for Jacksonville Victims

Introduction: Why Knowing Your Rights Matters in Jacksonville

Jacksonville’s rapid growth, busy port, and sprawling highway system make personal injuries—from I-95 car crashes to slip-and-falls at River City Marketplace—an unfortunate reality for many residents. If you have been harmed, understanding Florida personal injury law Jacksonville rules can mean the difference between full compensation and walking away with unpaid bills. This guide is designed for injured Floridians, with a slight bias toward protecting your interests. We cover common claim types, the new two-year statute of limitations, the state’s modified comparative negligence standard, and step-by-step guidance so you can confidently pursue fair compensation. Whether you suffered injuries in a boating collision on the St. Johns River, a workplace accident at the Jacksonville Shipyards, or a product defect at home in Mandarin, the information below outlines your legal options—and when to call an experienced Jacksonville accident attorney at Louis Law Group for help.

Understanding Florida Personal Injury Law

Statute of Limitations (Time Limits to File)

As of March 24, 2023, House Bill 837 shortened Florida’s negligence statute of limitations from four years to two years, codified in Florida Statutes § 95.11(4)(a). This means that, in most injury cases, you must file suit within two years of the accident date or risk losing your right to recover. Key exceptions include:

• Medical malpractice: 2 years from when the injury is discovered or reasonably should have been discovered (capped at 4 years from the incident).

• Wrongful death: 2 years from the date of death.

• Claims against government entities: Pre-suit notice within 3 years and suit filed after a 180-day investigative period (see Fla. Stat. § 768.28).

Modified Comparative Negligence

Florida previously followed pure comparative negligence, but under HB 837 the state now uses a modified comparative negligence rule (except medical malpractice). If you are found more than 50% at fault, you cannot recover damages. If your fault is 50% or less, your recovery is reduced proportionally (Fla. Stat. § 768.81).

No-Fault & Insurance Requirements

Florida drivers must carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). PIP pays 80% of medical bills and 60% of lost wages up to policy limits, regardless of fault. Serious injuries—defined in Fla. Stat. § 627.737 as significant and permanent loss of an important bodily function, permanent injury, significant scarring, or death—allow you to step outside PIP and sue the at-fault driver.

Common Types of Personal Injury Cases in Florida

1. Auto, Truck & Motorcycle Accidents

Jacksonville sees thousands of crashes annually. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Duval County recorded 24,430 crashes in 2022. To prove liability you must show: (1) duty of care, (2) breach, (3) causation, and (4) damages. Gathering a police report, black-box data, and medical records is critical.

2. Slip-and-Fall & Premises Liability

Under Fla. Stat. § 768.0755, injured customers must prove a business had actual or constructive knowledge of a dangerous condition and failed to correct it in a reasonable time. Photos, incident reports, and witness statements are vital forms of evidence.

3. Boating & Maritime Injuries

With the St. Johns River and Atlantic access, Jacksonville leads Florida in registered vessels. Boat crashes fall under both state law and federal admiralty rules. Operators owe a duty to maintain a proper lookout and avoid reckless operation (Fla. Stat. § 327.35).

4. Workplace Accidents

Most workers’ compensation claims are handled through Florida’s administrative system (§ 440). However, if a third party (e.g., equipment manufacturer) contributed to your injury, you may file a separate personal injury action.

5. Defective Products

Florida recognizes strict liability for defective design, manufacturing defects, and inadequate warnings. Plaintiffs must prove the product was unreasonably dangerous and used as intended (see Aubin v. Union Carbide, 177 So. 3d 489 (Fla. 2015)).

6. Wrongful Death

Fla. Stat. § 768.19 allows the personal representative of the estate to pursue damages such as lost support, companionship, and medical/funeral expenses. The filing deadline is two years.

Florida Legal Protections & Regulations

Caps on Damages

Florida generally has no caps on economic or noneconomic damages in standard negligence cases. However, medical malpractice noneconomic damages are capped at $500,000 per claimant against practitioners and $750,000 against non-practitioners (Fla. Stat. § 766.118), although parts of the cap were declared unconstitutional for wrongful death cases (Estate of McCall v. U.S., 134 So. 3d 894 (Fla. 2014)). Consult counsel for current applicability.

Punitive Damages

Punitive damages require clear and convincing evidence of intentional misconduct or gross negligence (Fla. Stat. § 768.72) and are capped at the greater of three times compensatory damages or $500,000, with exceptions for certain egregious conduct.

Recent Court Rulings Affecting Claimants

• Lewis v. City of St. Petersburg, 260 So. 3d 466 (Fla. 2018) emphasized pre-suit notice compliance for suits against municipalities.

• Pham v. State Farm, 204 So. 3d 259 (Fla. 4th DCA 2016) affirmed that ambiguous UM policy language is construed in favor of insureds.

Steps to Take After an Injury in Jacksonville

Call 911 & Seek Immediate Medical Care Under Fla. Stat. § 627.736, PIP benefits require medical treatment within 14 days of the crash. Keep all records. Report the Incident Auto accidents with injury must be reported to law enforcement. Workplace injuries should be reported to your employer within 30 days. Document the Scene Take photos of vehicles, hazards, lighting conditions, and visible injuries. Preserve torn clothing and damaged property. Gather Witness Information Collect names, phone numbers, and statements while memories are fresh. Notify Insurers—Cautiously Provide basic facts but avoid recorded statements without legal advice. Florida insurers must handle claims in good faith (Fla. Stat. § 624.155). Track All Expenses Maintain a folder with medical bills, medication receipts, mileage logs, and lost-wage documentation. Consult a Personal Injury Lawyer Florida An attorney can preserve evidence, subpoena surveillance footage, and negotiate from a position of strength.

When to Seek Legal Help in Florida

While minor fender-benders may settle through PIP, serious or disputed cases benefit from skilled counsel. Consider hiring a personal injury lawyer Florida when:

• Your injuries are permanent, disabling, or require surgery.

• Fault is contested and police reports are unclear.

• The insurer delays, denies, or undervalues your claim.

• A governmental entity or commercial truck is involved (complex notice and federal regulations).

How Louis Law Group Helps We investigate crash scenes, work with accident reconstructionists, and prepare every file for trial from day one. Our contingency-fee model means you pay nothing unless we recover. If you need a Jacksonville accident attorney who knows local courts—from the Duval County Courthouse to the Middle District of Florida—call us today.

Local Resources & Next Steps

Florida Department of Highway Safety and Motor Vehicles – Crash reports and driving records. Florida Department of Financial Services – Insurance consumer complaints and mediation. Jacksonville Bar Association – Lawyer referral and pro bono resources. Duval County Clerk of Courts – Filing fees, docket searches, and courthouse locations.

Remember, every case is unique. Evidence can disappear quickly—traffic camera footage is often overwritten within 30 days, and skid marks fade in Florida’s frequent rains. Acting promptly protects your claim and health.

Free Case Evaluation – Call Louis Law Group If you or a loved one has been injured anywhere in Jacksonville or greater Northeast Florida, schedule a free, no-obligation consultation with Louis Law Group. Dial 833-657-4812 now or visit our downtown office near the Duval County Courthouse. Let us fight for the compensation you deserve while you focus on healing.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws change frequently; consult a licensed Florida attorney for advice about your specific case.