Florida Personal Injury Law Guide – Jacksonville Victims

Estimated reading time: 13 min read

Introduction: Why Jacksonville Residents Need a Florida-Focused Injury Guide

The streets of Jacksonville—from I-95 to Beach Boulevard—see thousands of traffic collisions every year. Slip-and-fall accidents at River City Marketplace, boating mishaps on the St. Johns River, and workplace injuries at the port add to the city’s accident statistics. When you or a loved one is hurt, understanding Florida personal injury law Jacksonville specifics can mean the difference between a fair recovery and an insurance lowball offer. This comprehensive guide explains your rights, outlines deadlines, and provides actionable steps so you can protect yourself after a car crash, trucking accident, defective product injury, boating collision, workplace incident, or a tragic wrongful death.

Because Florida statutes and recent case law change frequently—most recently in 2023—injured individuals must stay informed or risk forfeiting claims. Below, our Jacksonville accident attorney team at Louis Law Group breaks down the essentials in plain English while citing the governing authorities, including the Florida Statutes, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), and the Florida Department of Financial Services (DFS).

Understanding Florida Personal Injury Law

1. Statute of Limitations

House Bill 837, signed in March 2023, shortened Florida’s general negligence statute of limitations from four years to two years. Under Fla. Stat. §95.11(4), you must file a lawsuit within two years of the accident date, or your claim is barred. Exceptions include:

• Medical malpractice: Two years from discovery but no more than four years from the act (Fla. Stat. §95.11(4)(b)).

• Wrongful death: Two years from the date of death (Fla. Stat. §95.11(4)(d)).

• Claims against public entities: Pre-suit notice under Fla. Stat. §768.28(6) within three years, but the lawsuit itself still generally must follow the two-year negligence limit.

2. Modified Comparative Negligence

Until 2023, Florida used a pure comparative negligence model. House Bill 837 now applies a modified comparative negligence rule with a 50% bar (Fla. Stat. §768.81). If you are 50% or more at fault, you cannot recover damages. If you are 49% or less at fault, your award is reduced proportionally.

3. Mandatory Personal Injury Protection (PIP)

Florida is a “no-fault” auto insurance state. Every owner of a motor vehicle with four or more wheels must carry:

• $10,000 in PIP (Fla. Stat. §627.736)

• $10,000 in Property Damage Liability (PDL)

PIP covers 80% of reasonable medical expenses and 60% of lost wages up to the limit, regardless of fault. Serious injuries meeting the “verbal threshold”—such as significant and permanent loss of an important bodily function—allow you to step outside PIP and sue the at-fault driver.

4. Damage Caps

Florida generally does not cap compensatory damages in negligence cases. However, non-economic damages in medical malpractice actions are capped for certain defendants under Fla. Stat. §766.118, though portions of that statute have been limited by Florida Supreme Court decisions (e.g., Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014)). Consult counsel for current applicability.

Common Types of Personal Injury Cases in Jacksonville, Florida

Auto & Truck Accidents

Jacksonville’s mix of busy interstates and rural highways leads to a high collision rate. To prove negligence, you must establish duty, breach, causation, and damages—often through police reports, eyewitness testimony, black-box data, and medical records.

Slip-and-Fall or Trip-and-Fall

Under Fla. Stat. §768.0755, a plaintiff must show a business had actual or constructive knowledge of a dangerous condition and failed to take corrective action. Surveillance footage and incident reports are critical here.

Boating Accidents

Florida leads the nation in boating accidents. The Florida Fish and Wildlife Conservation Commission (FWC) regulates boating safety. Liability is assessed under maritime negligence standards and Florida’s Boating Safety Act.

Workplace Injuries

Florida workers’ compensation (Fla. Stat. Chapter 440) provides medical and wage benefits. Injured workers may still file a third-party negligence claim if a non-employer party contributed to the injury.

Defective Products

Product liability actions in Florida can proceed under strict liability, negligence, or breach of warranty. The claimant must prove the product was unreasonably dangerous and caused injury while used as intended.

Wrongful Death

The Florida Wrongful Death Act (Fla. Stat. §§768.16–768.26) allows the personal representative of the estate to recover funeral costs, lost earnings, and loss of companionship on behalf of survivors.

Florida Legal Protections & Recent Court Rulings

Key Statutes

• Fla. Stat. §316: Motor vehicle traffic laws (for crash-related negligence).

• Fla. Stat. §768: General negligence, sovereign immunity caps, and damage awards.

• Fla. Stat. §627.736: PIP benefits and exclusions.

Notable Cases Affecting Injury Claims

• Wilsonart, LLC v. Lopez, 308 So. 3d 961 (Fla. 2020): Clarified summary judgment standards in negligence cases.

• Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014): Limited certain non-economic damage caps in medical malpractice claims.

• Sebastian Inlet Tax District v. Orlando Utilities Comm’n, 215 So. 3d 125 (Fla. 2017): Reinforced sovereign immunity limitations.

Insurance Bad-Faith Protections

Florida recognizes first-party and third-party bad-faith actions under Fla. Stat. §624.155. If an insurer fails to settle claims in good faith, it may owe excess damages.

Steps to Take Immediately After an Injury in Jacksonville

1. Seek Medical Attention

Your health is paramount. Florida PIP rules require you to obtain medical treatment within 14 days to qualify for benefits. Call 9-1-1 after any serious crash or head injury.

2. Report the Accident

• Auto collisions: Report crashes causing injury, death, or over $500 in damage to the Jacksonville Sheriff’s Office (JSO) or Florida Highway Patrol.

• Workplace injuries: Notify your employer within 30 days (Fla. Stat. §440.185).

• Slip-and-fall: Report to property management and request a written incident report.

3. Preserve Evidence

• Photograph the scene, injuries, and property damage.

• Collect witness names and contact information.

• Secure video footage (dash cams, surveillance) before it is overwritten.

• Save medical bills, receipts, and pay stubs documenting lost wages.

4. Notify Insurance

Florida law and most policies require prompt notice. Provide basic facts only; do not give recorded statements without legal counsel.

5. Avoid Social Media Pitfalls

Defense adjusters scour online posts. Photos of you at TIAA Bank Field days after the crash may undermine your claim. Keep accounts private and avoid posting about the accident.

When to Seek Legal Help in Florida

Minor fender-benders may be resolved through PIP alone. However, you should consult a personal injury lawyer Florida when:

• You sustained injuries meeting PIP’s serious-injury threshold.

• Fault is disputed or you are wrongly assigned majority blame.

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

• A defective product, commercial truck, or government vehicle is involved—cases that often require expert investigation.

• A close family member has passed away due to negligence.

How Louis Law Group Helps: Our attorneys gather evidence, retain accident reconstructionists, negotiate with insurers, and, when necessary, litigate in Duval County Circuit Court. We advance costs, and you pay no fees unless we recover compensation.

Local Jacksonville Resources & Next Steps

Government & Court Contacts

• Duval County Clerk of Courts: 501 W. Adams St., Jacksonville, FL 32202

• Fourth Judicial Circuit Court website lists dockets and electronic filing information.

• Florida Department of Highway Safety and Motor Vehicles (local tax collector offices handle license reinstatement after serious crashes).

Legal Aid & Professional Associations

Jacksonville Bar Association – Lawyer referral service.

• Three Rivers Legal Services – Provides limited civil legal help for eligible low-income residents.

Common Accident Hotspots & Safety Concerns

According to FLHSMV crash data, intersections at Blanding Blvd. & Youngerman Cir., I-95 & J.T. Butler Blvd., and Beach Blvd. near Southside have some of the highest collision rates in Jacksonville. Exercise extra caution in school zones and around port terminals where heavy truck traffic is prevalent.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and application to specific facts varies. Consult a licensed Florida attorney for advice regarding your situation.

Take Action Today

If you or someone you love has been hurt in an accident anywhere in Jacksonville or the broader First Coast, do not wait until evidence disappears. Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. Our experienced team is ready to fight for the compensation you deserve.