Florida Personal Injury Law Guide – Jacksonville Rights

11 min read

Introduction: Know Your Rights After a Jacksonville Accident

Few events are more disruptive than a sudden injury. Whether you were rear-ended on I-95, slipped on a wet grocery store floor on Beach Boulevard, or lost a loved one in a tragic boating accident on the St. Johns River, you now face medical bills, lost wages, and uncertainty. Florida law gives injured residents a clear path to compensation, but the rules are complex and fast-changing. This guide—written specifically for victims in Jacksonville—breaks down everything you need to know about Florida personal injury law, time limits, insurance requirements, and the practical steps that protect your claim. Our goal is to empower you to recover fully and fairly while presenting the law objectively. If questions arise, a Jacksonville accident attorney can translate these rules into an aggressive strategy for your individual case.

Quick Facts for Jacksonville Injury Victims

• General statute of limitations: 2 years from the date of negligence (after March 24, 2023).

• Florida now follows modified comparative negligence: no recovery if you are more than 50 % at fault (except medical malpractice).

• Personal Injury Protection (PIP): $10,000 minimum required on every Florida auto policy; strict 14-day rule to seek medical care.

Duval County reported more than 24,000 traffic crashes in 2022, according to the Florida Department of Highway Safety and Motor Vehicles.

• Most injury lawyers work on contingency—no fees unless they win your case.

Understanding Florida Personal Injury Law

1. Florida’s Statutes of Limitations

Time limits govern every personal injury claim. Miss a deadline and the court will dismiss your case, no matter how strong the facts. Under Florida Statute §95.11 (amended by HB 837 on March 24, 2023), you generally have:

• 2 years to file negligence claims (car crashes, slip-and-fall, trucking collisions, dog bites).

• 2 years for wrongful death, running from the date of death.

• 2 years for medical malpractice, with a possible extension of up to 4 years from the incident and 7 years maximum under the discovery rule.

• 4 years for most product liability claims if based on strict liability or warranty theories predating the 2023 tort reform.

Because rules can change and exceptions exist (minors, fraudulent concealment, federal claims), speak with counsel immediately after an accident. Waiting reduces leverage with insurers and increases the risk of missing vital evidence.

2. Comparative Negligence: How Fault Affects Compensation

Florida switched from pure comparative negligence to a modified 50 % bar for most negligence actions in 2023. If you are 50 % or less at fault, your damages are reduced by that percentage. If you are 51 % or more at fault, you recover nothing. Example: A jury finds total damages of $100,000. If you are 30 % responsible, you receive $70,000. In medical malpractice, Florida still applies the old pure comparative model.

3. Mandatory Auto Insurance & PIP Benefits

Florida is a “no-fault” state for car crashes. Every owner of a motor vehicle registered in Florida must carry:

• $10,000 Personal Injury Protection (PIP) to cover 80 % of medical bills and 60 % of lost wages, regardless of fault.

• $10,000 Property Damage Liability (PDL) to pay for damage you cause to others’ vehicles or property.

PIP claimants must seek medical treatment within 14 days or benefits drop to $2,500 for non-emergency conditions. Because PIP rarely covers all losses, injured motorists can sue an at-fault driver if they suffer permanent injury, significant and permanent scarring or disfigurement, or death.

4. Caps & Limits on Damages

Florida does not cap economic or non-economic damages in typical negligence cases. However, medical malpractice claims have a $500,000 per-claimant cap on non-economic damages ($1,000,000 in cases of catastrophic injury or death) under Fla. Stat. §766.118. Punitive damages are capped at three times compensatory damages or $500,000, whichever is greater, unless certain exceptions apply (e.g., intoxication, intentional harm).

Common Types of Personal Injury Cases in Florida

1. Auto & Trucking Accidents

Duval County’s urban sprawl and busy shipping corridors make motor-vehicle collisions the city’s most frequent injury source. To prevail, you must prove the other driver’s breach of duty (speeding, distracted, impaired) caused your injuries and damages. Key evidence includes police crash reports, eyewitness statements, event-data recorder downloads, and medical documentation. Commercial truck cases also require compliance evidence such as driver logs and FMCSA records.

2. Slip-and-Fall & Premises Liability

Under Fla. Stat. §768.0755, a business is liable when it knew or should have known of a dangerous condition and failed to correct it. Surveillance video, incident reports, and cleaning logs help prove notice. Jacksonville juries often scrutinize whether the hazard—spilled drink, uneven sidewalk, poor lighting—existed long enough for reasonable cleanup.

3. Boating & Maritime Injuries

With year-round boating on the Atlantic and the St. Johns, collisions, propeller accidents, and falls overboard are common. Florida Fish and Wildlife Conservation Commission regulations require reporting most accidents within 48 hours. Federal maritime law may supersede state law, so prompt legal advice is crucial.

4. Workplace Injuries

Most on-the-job injuries are covered by Florida’s no-fault workers’ compensation system, administered by the Florida Department of Financial Services. You may sue a third party (equipment manufacturer, negligent subcontractor) for additional damages beyond workers’ comp benefits.

5. Defective Products

Manufacturers are strictly liable when a design defect, manufacturing flaw, or inadequate warning injures a user in foreseeable use. Florida follows the consumer-expectation and risk-utility tests. Preserve the product, packaging, and receipts as evidence.

6. Wrongful Death

The Florida Wrongful Death Act (Fla. Stat. §§768.16–768.26) allows the estate’s personal representative to recover lost support, companionship, funeral expenses, and future earnings for surviving family members. Actions must be filed within 2 years.

Florida Legal Protections & Recent Court Rulings

1. Evidence & Expert Testimony Rules

Florida adopted the Daubert standard (Fla. Stat. §90.702), aligning with federal courts, which makes it harder for defendants to exclude credible expert testimony supporting injury causation, future medical costs, or life care plans.

2. Medical Malpractice Presuit Screening

Before filing suit, medical malpractice claimants must serve a detailed Notice of Intent and complete a 90-day presuit investigation, including expert affidavits. Missing these steps can be fatal to the claim.

3. Sovereign Immunity & Claims Against Government Entities

Under Fla. Stat. §768.28, state and local governments waive immunity for most negligence, but damages are limited to $200,000 per person and $300,000 per incident unless the legislature approves a “claims bill.” Notice must be provided to the agency and the Department of Financial Services within 3 years (2 years for wrongful death) before filing suit.

4. Key Appellate Decisions Affecting Victims

• Wilson v. State Farm (Fla. 2020): affirmed that insurance companies owe a duty of good faith to fairly settle claims when liability is clear.

• Cates v. Jay, M.D. (Fla. 1st DCA 2021): clarified the discovery rule for med-mal where foreign objects are left in a patient.

• McCall v. United States (Fla. 2014): struck down statutory caps on wrongful-death noneconomic damages in medical malpractice, showing courts may reject unfair limitations.

Steps to Take After an Injury

Seek Immediate Medical Attention Health is priority one. Diagnostic records serve as contemporaneous proof linking the accident to your injuries. Under PIP, treatment within 14 days preserves your $10,000 benefit. Report the Incident For auto collisions, call JSO or FHP and ensure a Florida Crash Report is completed. Slip-and-fall victims should file a store or property incident report. Boating accidents must be reported to FWC if they involve injury, death, or $2,000+ property damage. Document & Preserve Evidence Photograph vehicles, hazards, weather, and injuries. Collect witness names and numbers. Save damaged shoes, clothing, or product parts in their post-accident condition. Notify Insurance Carriers Most policies require prompt notice. Provide facts only—avoid recorded statements until you consult counsel. Track Economic Losses Keep wage stubs, time-off documentation, home-care receipts, mileage to appointments, and out-of-pocket expenses. Stay Off Social Media Insurers scour posts for inconsistencies. Even innocent photos can be twisted to suggest you are not injured. Consult a Personal Injury Lawyer Early An attorney preserves evidence, avoids procedural traps, and handles the insurer so you can focus on recovery.

When to Seek Legal Help in Florida

While minor claims can be settled directly with an insurer, you should speak with a personal injury lawyer Florida residents trust when:

• Your injuries are serious, permanent, or involve surgery.

• Liability is disputed or you may share fault.

• The at-fault driver is uninsured/underinsured.

• A governmental entity or commercial carrier is involved.

• An adjuster pressures you to give a recorded statement or accept a low offer.

Louis Law Group has recovered millions for Floridians injured in car, truck, premises, and maritime accidents. Our team builds the medical and liability evidence needed to demand full compensation for medical costs, lost earnings, pain and suffering, and future care. We advance all costs and only get paid if we obtain a settlement or verdict for you.

Local Resources & Next Steps

• Duval County Clerk of Courts: 501 W. Adams St., Jacksonville – file civil actions and access public court records.

The Florida Bar Lawyer Referral Service: Find additional legal help. Florida Courts Self-Help: Forms & guidance for unrepresented parties.

• Community Legal Services of Mid-Florida – Jacksonville Office: Free or low-cost legal aid for income-eligible residents.

• Jacksonville Transportation Authority (JTA) Safety Initiatives: Crash prevention information and roadway improvement updates.

Ready to protect your rights? Evidence fades and insurance companies move quickly. So should you.

If you’ve been injured in Florida, call Louis Law Group at 833-657-4812 for a free case evaluation. No fees unless we win.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Laws can change and apply differently to individual facts. Always consult a licensed Florida attorney about your specific situation.