Florida Personal Injury Law – Jacksonville Guide

Estimated reading time: 12 min read

Introduction: Know Your Rights After an Accident in Jacksonville

Jacksonville’s fast-growing population, busy highways like I-95 and I-295, and expansive coastline create a higher-than-average risk of car collisions, boating mishaps, workplace incidents, and other accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Duval County reported 24,430 traffic crashes and 183 fatalities in 2022. When you are hurt because someone else failed to act responsibly, Florida law grants you legal tools to seek compensation for medical bills, lost income, pain and suffering, and more.

This guide explains the essentials of Florida personal injury law in Jacksonville—including the newest 2023 changes—so you can protect your claim. We cover:

• Key statutes such as Florida’s two-year statute of limitations for negligence cases

• The state’s modified comparative negligence rule after House Bill 837

• Mandatory No-Fault Personal Injury Protection (PIP) insurance requirements

• Actionable steps to take after auto, slip-and-fall, boating, workplace, product defect, or wrongful death cases

• Local resources and when to contact an experienced Jacksonville accident attorney

While this article leans toward injured individuals, it is based on verified Florida statutes, court decisions, and regulatory guidance. If you or a loved one was injured, call Louis Law Group at 833-657-4812 for a free case evaluation today.

Understanding Florida Personal Injury Law

1. Statute of Limitations: Act Within Two Years

Under Florida Statutes §95.11, House Bill 837 (effective 3/24/2023) reduced the filing deadline for general negligence—from car crashes to slip-and-falls—from four to two years. Missing that window usually bars recovery. Separate deadlines apply for:

• Medical malpractice: Two years from discovery, capped at four

• Wrongful death: Two years from the date of death

• Claims against government entities: Written notice within three years and suit after 180-day investigation (§768.28)

2. Modified Comparative Negligence (50% Bar Rule)

Florida formerly used pure comparative negligence. After HB 837, the state adopted a modified comparative negligence rule for most negligence cases. You can recover damages only if you are 50% or less at fault; recovery is barred at 51% or more. Your award is reduced by your percentage of fault. (Medical malpractice actions still follow pure comparative negligence.)

3. No-Fault Insurance & PIP Benefits

Florida is one of the few “no-fault” states. Motorists must carry:

• $10,000 in Personal Injury Protection (PIP)

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

PIP pays 80% of reasonable medical expenses and 60% of lost wages up to $10,000, regardless of who caused the crash. To qualify, you must receive initial medical care within 14 days of the collision. Serious injuries that meet the “emergency medical condition” threshold allow victims to step outside no-fault and sue the at-fault driver.

4. Damages Available

Florida permits recovery of economic and non-economic damages, including:

• Medical costs (past and future)

• Lost wages and diminished earning capacity

• Pain and suffering

• Emotional distress

• Household replacement services

• Wrongful death losses: funeral costs, loss of companionship, and survivor benefits

There is no general cap on personal injury damages except in certain medical malpractice claims, where non-economic damages are capped depending on defendant type (§766.118).

Common Types of Personal Injury Cases in Florida

Auto & Truck Accidents

With congested roads such as Roosevelt Boulevard and the Fuller Warren Bridge, vehicle collisions are Jacksonville’s most frequent injury claim. To succeed, a plaintiff must prove:

• Duty of care—e.g., follow traffic laws.

• Breach—speeding, distracted driving, DUI.

• Causation—the breach caused the crash.

• Damages—medical bills, lost wages, etc.

Slip-and-Fall & Premises Liability

Florida Statutes §768.0755 governs premises liability for transitory foreign substances. You must demonstrate the business had actual or constructive knowledge of the dangerous condition and failed to remedy it.

Boating & Maritime Injuries

Jacksonville’s St. Johns River and nearby Atlantic waters see heavy recreational traffic. Florida leads the nation in boating accidents. Operators owe a duty to follow U.S. Coast Guard and state rules. Negligence can include excessive speed, alcohol use, or inadequate safety equipment.

Workplace Injuries

Most employees are covered by Florida Workers’ Compensation (§440). You typically cannot sue your employer but may pursue claims against third parties (e.g., equipment manufacturers) for additional recovery.

Defective Products

Under strict liability, negligence, or breach of warranty theories, manufacturers and suppliers are liable for dangerous products that cause injuries. Examples include exploding e-cigarettes or faulty auto airbags.

Wrongful Death

Florida Statutes §768.16-768.26 grant the personal representative of the estate power to bring a claim within two years. Survivors may recover loss of companionship, support, and mental pain.

Florida Legal Protections & Recent Court Rulings

Key Statutes You Should Know

• §95.11 – Statute of limitations

• §627.736 – PIP benefits and deadlines

• §768.28 – Sovereign immunity and claims against state entities

• §766.118 – Caps on non-economic damages in medical malpractice

Recent Florida Court Precedents

Wilson v. W&P Transportation, Inc., 340 So.3d 479 (Fla. 1st DCA 2022) confirmed that electronic logging device data can establish truck driver fatigue. Meanwhile, In re Amendments to Florida Evidence Code, 317 So.3d 72 (Fla. 2021) solidified adoption of the Daubert standard, raising the bar for expert testimony. These cases emphasize the importance of preserving digital and expert evidence early.

Medical Malpractice Damage Caps Upheld

Although the Florida Supreme Court struck some caps in Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014), statutory caps remain for non-practitioner defendants (e.g., HMOs). An attorney can advise whether caps apply to your specific situation.

Steps to Take After an Injury in Jacksonville

1. Prioritize Medical Attention

Visit an emergency room or urgent care within 14 days to protect your health and PIP eligibility. Keep all records and follow physician orders.

2. Report the Incident

• Auto crashes: Call JSO or FHP immediately; crashes with injury, death, or >$500 property damage require a formal report (F.S. §316.065).

Boating accidents: Notify the Florida Fish and Wildlife Conservation Commission within 48 hours if injury, fatality, or significant damage occurs.

• Work injuries: Inform your employer within 30 days (§440.185).

3. Document Everything

• Photograph the scene, vehicles, hazards, and injuries.

• Collect witness names and phone numbers.

• Save damaged personal items (phones, helmets, shoes).

• Request security camera footage promptly—many businesses overwrite video within days.

4. Preserve Evidence & Bills

Keep copies of hospital bills, rehab invoices, prescription receipts, mileage logs, and proof of lost wages. A claims adjuster will require objective documentation.

5. Notify Insurers But Limit Statements

You must report an auto accident to your carrier quickly (often within 24-72 hours). Provide basic facts only; avoid recorded statements to the at-fault insurer until you consult counsel.

6. Calculate Filing Deadlines

Mark your two-year deadline and any shorter notice requirements on a calendar. A missed date can permanently end your claim.

When to Seek Legal Help in Florida

Not every fender-bender requires a lawyer, but you should contact a personal injury lawyer Florida if:

• Your injuries are serious, permanent, or involve significant scarring

• Medical bills exceed $10,000 PIP limits

• Liability is disputed or you may share fault

• An insurance adjuster pressures you to settle quickly

• A government entity or major corporation is involved

Louis Law Group has represented thousands of Floridians. We investigate the crash scene, subpoena black-box and security footage, negotiate with insurers, and—if needed—file suit in Duval County Circuit Court. Our attorneys are licensed by The Florida Bar and maintain local relationships with medical providers who can treat on a lien basis until your case resolves.

Fee structure: We operate on contingency—no fees or costs unless we recover compensation for you.

Local Resources & Next Steps

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – crash reports and safety data Florida Department of Financial Services – insurance consumer services The Florida Bar Lawyer Referral Service – verify attorney licensing or seek additional help

• Duval County Courthouse – 501 W Adams St, Jacksonville, FL 32202

• Jacksonville Area Legal Aid – free or reduced-fee assistance for qualifying residents

Ready to protect your rights? If you’ve been injured anywhere in Florida—whether on the Buckman Bridge, at the Beaches Town Center, or on a construction site—call Louis Law Group at 833-657-4812 for a 100% free case evaluation. Our firm will explain your options, estimate case value, and fight for the maximum compensation you deserve.

Disclaimer: This guide is for general informational purposes only, does not create an attorney-client relationship, and is not a substitute for personalized legal advice. Laws change frequently; consult a licensed Florida attorney about your specific situation.