Florida Personal Injury Law Guide – Jacksonville

Estimated reading time: 12 min read

Introduction: Why Jacksonville Residents Need a Local Guide to Florida Personal Injury Law

From the bustling roads of I-95 to the busy docks along the St. Johns River, accidents happen every day in Jacksonville. Knowing how Florida personal injury law protects you can make the difference between fair compensation and walking away with unpaid medical bills. This comprehensive guide—geared toward injured individuals—breaks down your legal options after:

• Car, truck, or motorcycle collisions

• Slip-and-fall or trip-and-fall incidents

• Boating and jet-ski accidents off Jacksonville Beach

• Workplace injuries at the port, construction sites, or offices

• Defective products that cause burns, cuts, or other harm

• Wrongful death tragedies

Florida’s legal landscape changed in 2023, reducing most negligence statutes of limitations to two years and modifying comparative fault rules. If you or a loved one has been injured, you must act quickly and strategically. This guide provides:

• Clear explanations of Florida statutes and recent case law

• Actionable steps to protect your claim

• Local resources in Duval County and the surrounding First Coast

Disclaimer: This article offers general information and is not legal advice. Every case is unique. To discuss your situation, contact Louis Law Group for a free case evaluation at 833-657-4812.

Understanding Florida Personal Injury Law

1. Florida’s Two-Year Statute of Limitations for Negligence

Effective March 24, 2023, House Bill 837 amended Florida Statutes § 95.11(4), shortening the deadline to file most negligence lawsuits from four years to two years. Missing that deadline generally bars recovery, so consult an attorney immediately after medical stabilization.

2. Modified Comparative Negligence (50% Bar Rule)

Florida previously followed pure comparative negligence. Under the 2023 reforms, plaintiffs found more than 50 percent at fault cannot recover damages (HB 837). Those ≤50 percent at fault may still recover, but awards are reduced by their percentage of fault. This makes early evidence preservation critical to rebut defense arguments that you are mostly to blame.

3. No-Fault & PIP Rules

All owners of Florida-registered vehicles must carry $10,000 in Personal Injury Protection (PIP) under Florida Department of Highway Safety and Motor Vehicles rules. PIP pays 80 percent of reasonable medical expenses and 60 percent of lost wages up to policy limits regardless of fault. To step outside no-fault and sue the at-fault driver for pain and suffering, your injury must meet the serious injury threshold in § 627.737, such as significant and permanent loss of bodily function, permanent injury, or scarring.

4. Damages Available

• Economic: Medical bills, rehabilitation, lost wages, future earnings, property damage.

• Non-economic: Pain, suffering, emotional distress, loss of enjoyment of life.

• Punitive: Reserved for intentional misconduct or gross negligence (capped at three times compensatory damages or $500,000 per § 768.73).

5. Medical Malpractice Caps

Florida no longer caps non-economic damages in med-mal cases after North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017). However, pre-suit screening procedures under § 766.106 remain mandatory.

Common Personal Injury Case Types in Florida

Auto, Truck, and Motorcycle Accidents

Jacksonville saw 24,457 traffic crashes in 2022, according to the FLHSMV Crash Facts. Proving liability involves demonstrating the other motorist breached a duty of care—texting while driving, speeding over the Buckman Bridge, or running a red on Bay Street—and that breach caused your injuries.

Slip-and-Fall / Premises Liability

Under § 768.0755, an injured shopper must show the store had actual or constructive knowledge of the hazardous condition (e.g., wet aisle in a Southside supermarket) and failed to remedy it. Surveillance footage and incident reports become crucial.

Boating Accidents

With the St. Johns River and Intracoastal Waterway, Duval County ranks among Florida’s boating hotspots. The Florida Fish and Wildlife Conservation Commission (FWC) reported 79 boating accidents in the region in 2022. Proving negligence often hinges on demonstrating violations of navigation rules or intoxication under § 327.35.

Workplace Injuries

Florida’s Workers’ Compensation system (administered by the Florida Department of Financial Services) provides no-fault medical and wage benefits. However, you may pursue a third-party personal injury claim if a negligent subcontractor or defective equipment caused the harm.

Defective Products

Product liability suits rely on strict liability, negligence, or breach of warranty theories. Florida follows the consumer expectations test in many design-defect cases, as affirmed in Auburn Machinery v. Brown, 334 So. 3d 680 (Fla. 2022).

Wrongful Death

Under § 768.21, the personal representative may recover lost support, companionship, funeral expenses, and more. The statute of limitations is two years.

Florida Legal Protections & Regulations Affecting Your Claim

Pre-Settlement Protection: Letters of Protection (LOPs)

An LOP allows injured Floridians without immediate insurance funds to receive medical treatment now and pay later from any settlement. Be aware that defense counsel may question necessity and cost, so meticulous records are key.

Seat Belt Defense

The defense may argue you failed to buckle up, reducing damages by your comparative fault percentage (§ 316.614(10)). Always document seat belt use when possible.

Sovereign Immunity Limits

When suing the City of Jacksonville or the State of Florida—for example, after a JTA bus accident—damages are capped at $200,000 per person and $300,000 per incident unless the legislature approves a higher claim bill (§ 768.28).

Recent Court Rulings to Know

• Nieves v. Carbalido, 341 So. 3d 1234 (Fla. 2022): Reaffirmed trial courts must strictly apply the new 50 percent negligence bar.

• Wilsonart v. Lopez, 308 So. 3d 961 (Fla. 2020): Clarified summary judgment standards, making video evidence more influential.

Practical Steps to Take After an Injury in Jacksonville

1. Seek Immediate Medical Attention

Florida PIP rules require treatment within 14 days of the crash to unlock benefits. Call 911 or visit UF Health Jacksonville or Baptist Medical Center.

2. Report the Accident

• Auto collisions: Contact the Jacksonville Sheriff’s Office (JSO) for an official crash report if injuries or $500+ damage.

• Work injuries: Notify your employer within 30 days per § 440.185.

• Slip-and-falls: Request an incident report from store management.

• Boating accidents: File a report with FWC if injuries require medical attention or damage exceeds $2,000.

3. Preserve Evidence

• Photograph the scene—skid marks on Philips Highway, broken handrails at a Riverside apartment, or unguarded saws at a construction site.

• Collect witness information (names, phone numbers, emails).

• Secure damaged property (helmet, smartphone, torn clothing).

4. Avoid Recorded Statements without Counsel

Insurance adjusters may appear sympathetic but will record statements to minimize payouts. Politely decline until you consult a Jacksonville accident attorney.

5. Track Medical Expenses and Lost Wages

Maintain a folder for hospital bills, physical therapy invoices, prescription receipts, and pay stubs. These documents form the foundation of economic damages.

6. Monitor Physical and Emotional Recovery

Keep a pain journal tracking daily limitations—missed Jaguars games, sleepless nights, anxiety from bridge travel. Courts increasingly accept these diaries as evidence of non-economic loss.

7. Meet Critical Deadlines

Remember the two-year statute for negligence and one-year notice requirement for certain governmental claims under § 768.28(6). An attorney can calendar these.

When to Seek Legal Help in Florida

Self-representation may work for minor fender-benders paid entirely by PIP, but complex injuries demand professional advocacy. Hire a personal injury lawyer Florida residents trust when:

• Medical bills exceed PIP limits and you suffer permanent injuries.

• The insurer disputes liability or argues you were >50 percent at fault.

• A company vehicle, rideshare (Uber/Lyft), or government entity is involved.

• Multiple parties or catastrophic injuries raise the stakes.

How Louis Law Group Helps:

• Free consultation and case analysis

• Independent accident reconstruction and evidence preservation

• Direct negotiation with insurers—no upfront fees

• Litigation and trial experience across Duval, Clay, St. Johns, and Nassau counties

If you’ve been hurt anywhere in Florida, call 833-657-4812 for a complimentary evaluation.

Local Resources & Next Steps

Government Agencies & Courts

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – crash reports, PIP requirements. Duval County Clerk of Courts – file civil actions, check case status. Florida Department of Financial Services – Division of Workers’ Compensation

Legal Aid & Bar Associations

Jacksonville Area Legal Aid – free or low-cost legal services for qualifying residents. Jacksonville Bar Association – lawyer referral services.

Hospitals & Rehab Centers

• UF Health Jacksonville Trauma Center

• Baptist Medical Center Downtown

• Brooks Rehabilitation Hospital

Next Steps:

• Prioritize health and follow doctor’s orders.

• Organize evidence and accident reports.

• Schedule a free legal consultation.

• Let your attorney handle negotiations while you focus on recovery.

Ready to protect your rights? If you or a loved one suffered an injury in Jacksonville or anywhere in Florida, call Louis Law Group at 833-657-4812 today for a free case evaluation. Our dedicated team fights to maximize compensation so you can move forward.