Florida Personal Injury Law in Jacksonville: Claim Guide

13 min read

Introduction: Why Jacksonville Residents Need to Master Florida Personal Injury Law

Every year, thousands of Jacksonville drivers, boaters, shoppers, and workers are hurt because another person or business failed to act safely. Florida’s unique legal landscape—especially recent changes to negligence deadlines—means that waiting to understand your rights can cost you real money. Whether you were rear-ended on I-295, slipped at a Riverside restaurant, or lost a loved one in a boating collision on the St. Johns River, knowing how Florida personal injury law Jacksonville works is the first step toward financial recovery.

This comprehensive guide covers:

• Key Florida statutes, including the 2023 reduction of the negligence statute of limitations to two years;

• Pure comparative negligence and how fault is divided in Florida courts;

• Mandatory Personal Injury Protection (PIP) coverage under the state’s no-fault auto system;

• Actionable, claimant-focused steps you can take today;

• Local resources and a direct line to Louis Law Group at 833-657-4812 for a free case evaluation.

Disclaimer: This article provides general information for victims in Jacksonville, Florida, and is not legal advice. Consult a licensed Florida attorney for advice about your specific situation.

Understanding Florida Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Florida House Bill 837, signed on March 24, 2023, amended Florida Statute §95.11. Most negligence claims—including car accidents and slip-and-falls—now carry a two-year statute of limitations. Miss this deadline and your right to compensation usually disappears.

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

• Medical malpractice: Two years from discovery, but no more than four years from the incident, with limited exceptions.

• Claims against government entities: Notice must be filed within three years (two years for wrongful death), and you must wait 180 days before suing. See Fla. Stat. §768.28.

2. Pure Comparative Negligence

Under Florida’s modified system, your recovery is reduced by your percentage of fault. For instance, if a jury awards $100,000 and finds you 10% responsible, you collect $90,000. However, if you are more than 50% at fault (for most negligence actions after HB 837), you may be barred from recovery.

3. Mandatory PIP Coverage

All private passenger vehicles registered in Florida must carry at least $10,000 in Personal Injury Protection (PIP) under Fla. Stat. §627.736. PIP pays 80% of medical bills and 60% of lost wages, up to policy limits, regardless of fault. You must seek treatment within 14 days to qualify.

4. Economic vs. Non-Economic Damages

• Economic: Medical expenses, lost wages, future treatment, out-of-pocket costs.

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

• Punitive: Available when defendant’s conduct was intentional or grossly negligent; generally capped at three times compensatory damages or $500,000 (Fla. Stat. §768.73).

Common Types of Personal Injury Cases in Jacksonville

1. Auto and Truck Accidents

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Duval County consistently records more than 24,000 crashes annually. Proving negligence involves showing the defendant breached a duty—speeding on I-95, texting while driving, or ignoring a traffic signal—and caused your injuries.

2. Slip-and-Fall (Premises Liability)

Florida property owners owe invitees a duty to keep premises reasonably safe. In Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla. 2001), the Florida Supreme Court held that actual or constructive knowledge of a hazard can be inferred from the length of time a substance was present. Collecting photos and witness statements quickly is key.

3. Boating and Maritime Injuries

The St. Johns River and Atlantic intracoastal waters are popular but pose risks. Florida leads the nation in recreational boating accidents. Federal maritime law may apply, but state negligence principles often govern nearshore collisions.

4. Workplace Injuries

Most employees are covered by Florida’s workers’ compensation system. However, if a third party—like a negligent equipment manufacturer—causes injury, you may also file a civil personal injury claim.

5. Defective Products

Under Florida strict liability, the plaintiff must prove the product was unreasonably dangerous when it left the manufacturer and that their use was foreseeable. Expert testimony is common.

6. Wrongful Death

Florida’s Wrongful Death Act (Fla. Stat. §768.16-26) allows personal representatives to sue on behalf of surviving family members for lost support, companionship, and funeral expenses.

Florida Legal Protections & Recent Court Rulings

1. Medical Malpractice Caps

Florida once capped non-economic damages in med-mal cases, but the Supreme Court in North Broward Hospital District v. Kalitan, 219 So.3d 49 (Fla. 2017) struck down those caps as unconstitutional in wrongful-death suits. Caps remain in limited situations (e.g., certain state-run facilities).

2. Bad Faith Insurance Claims

Insurers in Florida must settle third-party claims in good faith. Victims can pursue extra-contractual damages if an insurer unreasonably delays or denies payment.

3. Damage Setoffs & Collateral Source Rule

Florida’s collateral source rule prevents juries from hearing about payments from health insurance. Post-verdict, courts may reduce awards to avoid double recovery—but only after considering liens.

4. Recent Appellate Trends in Jacksonville

Florida’s First District Court of Appeal, which covers Duval County, has tightened evidentiary standards on future medical expenses: plaintiffs must present competent medical testimony on cost and necessity (See R.J. Reynolds Tobacco Co. v. Gafney, 188 So.3d 53 (Fla. 1st DCA 2016)). Thorough medical documentation is critical.

Five Essential Steps to Take Immediately After an Injury

• Seek Medical Care Within 14 Days For auto crashes, this preserves your PIP benefits. Even without obvious pain, adrenaline can mask injuries.

• Report the Incident Auto: call law enforcement if crash involves injury or $500+ property damage (Fla. Stat. §316.066). Slip-and-fall: insist the manager file an incident report. Boating: report to the Florida Fish and Wildlife Conservation Commission (FWC) if injury exceeds $2,000 medical costs or someone disappears.

Document Everything

- Photograph vehicles, hazards, lighting, weather, and injuries.

- Collect names, phone numbers, and statements from witnesses.

- Save medical bills, pay stubs, and receipts for out-of-pocket costs.

• Notify the At-Fault Party’s Insurer—But Carefully You must typically report an auto crash within days. Provide basic facts only; decline recorded statements until you consult counsel.

• Consult a Jacksonville Accident Attorney Evidence fades, witnesses relocate, and insurers strategize quickly. A lawyer can send preservation letters, obtain surveillance video, and calculate full damages.

When to Seek Legal Help in Florida

Minor fender-benders with only PIP-covered injuries may not require counsel. However, contact an attorney immediately if:

• Your medical bills exceed $10,000 or injuries are permanent;

• You missed more than a few days of work;

• Liability is disputed or multiple parties are involved;

• The at-fault driver is uninsured/underinsured;

• An insurer offers a quick settlement before you complete treatment.

Louis Law Group has recovered millions for Florida injury victims. We advance costs, work on contingency, and leverage experts—from accident reconstructionists to forensic accountants—to maximize compensation.

Local Resources & Next Steps

Duval County Clerk of Courts – File civil complaints and access case dockets. Jacksonville Area Legal Aid – Free legal help for qualifying residents. Florida Department of Financial Services – Verify insurance company licensing and file consumer complaints.

• Local hospitals with Level I trauma centers: UF Health Jacksonville and Baptist Health.

• Physical rehabilitation clinics: Brooks Rehabilitation, H2 Health, and local chiropractors familiar with PIP billing.

Your Action Plan

• Get medical treatment and follow all doctors’ orders.

• Preserve every piece of evidence—digital and physical.

• Track all expenses in a dedicated injury folder or app.

• Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation.

If you’ve been injured in Florida, don’t let insurers dictate your recovery. Protect your rights, understand the law, and put an experienced Jacksonville accident attorney on your side today.

Contact Louis Law Group — Free Case Evaluation — 833-657-4812