Guide to Florida Personal Injury Law in Fort Lauderdale

Estimated Read Time: 12 min read

Introduction: Why Fort Lauderdale Residents Need to Understand Florida Personal Injury Law

Every year thousands of people in Fort Lauderdale are injured on I-95, slip on wet marina docks, or suffer harm from negligent property owners and careless drivers. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Broward County recorded more than 40,000 traffic crashes in 2023 alone. Whether your injuries stem from an auto collision on Sunrise Boulevard, a boating mishap off the Intracoastal Waterway, a workplace incident in one of the city’s bustling construction zones, or a defective product purchased at the Galleria Mall, Florida law provides pathways to seek compensation.

This comprehensive guide focuses on Florida personal injury law in Fort Lauderdale with a slight bias toward protecting injured individuals. We break down key statutes, insurance rules, recent legal reforms, and step-by-step actions you should take to preserve your rights. If questions arise, remember you can always contact Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Florida Personal Injury Law

1. Statute of Limitations – Two Years for Most Negligence Claims

Florida shortened the deadline to file most negligence lawsuits from four years to two years when House Bill 837 became law on March 24, 2023. See Florida Statutes § 95.11(4)(a). Missing this window generally bars your claim, so timely action is critical.

2. Modified Comparative Negligence – The 50% Bar Rule

Florida formerly applied pure comparative negligence but now follows a modified system (except for medical malpractice). Under § 768.81, if you are more than 50% at fault, you cannot recover damages. If you are 50% or less, your award is reduced proportionally to your share of fault.

3. Mandatory Personal Injury Protection (PIP)

Florida is a “no-fault” auto insurance state. Drivers must carry at least $10,000 in PIP coverage. You must seek medical care within 14 days to preserve PIP benefits, which pay up to 80% of reasonable medical expenses and 60% of lost wages regardless of fault. Serious injury thresholds allow you to step outside PIP and sue the at-fault driver.

4. Damage Categories

• Economic damages: medical bills, lost wages, future earnings.

• Non-economic damages: pain, suffering, emotional distress.

• Punitive damages: capped at three times compensatory damages or $500,000, whichever is greater, under § 768.73, reserved for intentional misconduct or gross negligence.

Common Types of Personal Injury Cases in Fort Lauderdale

Auto & Rideshare Accidents

High tourism, congested roadways, and year-round motorcycle traffic make car crashes the leading cause of personal injury claims. Proving liability requires showing the driver owed a duty, breached it, and caused damages. Dashcam footage, traffic-camera data, and FLHSMV crash reports often prove invaluable.

Slip-and-Fall & Premises Liability

Florida Statutes § 768.0755 obligates businesses to keep premises reasonably safe. Victims must prove the owner knew or should have known of a dangerous condition—like unmarked wet floors at Las Olas restaurants—and failed to correct it.

Boating & Jet Ski Injuries

With more than 50,000 registered vessels in Broward County, negligence on the waterways is common. Maritime rules and Florida Fish and Wildlife Conservation Commission regulations apply. Quick reporting to the Coast Guard or local law enforcement is required for accidents causing over $2,000 in property damage or injuries.

Workplace Accidents

Florida’s workers’ compensation system—administered by the Florida Department of Financial Services—provides no-fault benefits. Third-party negligence claims (e.g., against a subcontractor or equipment manufacturer) can yield additional recovery.

Defective Products

Under strict liability principles, manufacturers, distributors, and retailers may be responsible for defective products that reach consumers without proper warnings or design safeguards.

Wrongful Death

Florida’s Wrongful Death Act (§ 768.16-768.26) allows surviving family members to recover funeral expenses, loss of support, and mental pain and suffering. The statute of limitations is two years from the date of death.

Florida Legal Protections & Recent Court Rulings

Medical Malpractice Damage Caps

The Florida Supreme Court invalidated statutory caps on non-economic damages in McCall v. United States, 134 So.3d 894 (Fla. 2014). Thus, except for sovereign immunity cases, plaintiffs can seek full compensation for pain and suffering.

Sovereign Immunity Limits

Suing a state or municipal entity is limited to $200,000 per claimant or $300,000 per incident, per § 768.28(5). A presuit notice is mandatory.

Bad Faith Insurance Reform

HB 837 imposes new duties on claimants to provide detailed demand letters giving insurers 90 days to pay policy limits before bad-faith actions can be filed. Ensure demand letters comply with the statute’s strict content requirements.

Recent Appellate Decision Impacting Comparative Fault

In Zenith Ins. Co. v. Cruz-Garcia, 360 So.3d 1173 (Fla. 3d DCA 2023), the court reaffirmed that juries must apportion fault among all entities, including non-parties, reinforcing the importance of naming all potential defendants early.

What to Do Immediately After an Injury in Fort Lauderdale

• Call 911 and Seek Medical Care – Police reports create vital evidence. Use Broward Health Medical Center or Holy Cross Hospital if emergent care is needed.

• Document the Scene – Take smartphone photos, collect witness contacts, and preserve physical evidence (e.g., damaged shoes after a fall).

• Notify Insurance – Report auto accidents to your carrier within 24 hours to secure PIP benefits.

• Request Official Reports – Obtain FLHSMV crash reports or incident reports from the property owner promptly.

• Avoid Recorded Statements – Insurers may use statements against you. Politely defer until consulting counsel.

• Track Expenses – Keep medical bills, pharmacy receipts, and mileage logs. Florida courts require proof of reasonable medical expenses.

• Consult a Fort Lauderdale Accident Attorney – Early legal advice can preserve evidence, calculate damages, and prevent costly errors.

When to Seek Legal Help in Florida

While some minor PIP-only cases settle without dispute, you should strongly consider hiring counsel when:

• Injuries are permanent, disfiguring, or expected to require ongoing treatment.

• Liability is contested or multiple vehicles/parties are involved.

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

• A government entity or rideshare company (Uber/Lyft) is implicated—both impose strict notice rules.

• You are nearing the two-year statute of limitations.

Louis Law Group pairs extensive trial experience with local insight into Broward County juries, adjuster tactics, and court procedures. Our attorneys can:

• Investigate the crash scene with accident reconstruction experts.

• Issue subpoenas for surveillance footage from city cameras along A1A or private businesses.

• Coordinate with treating physicians to produce comprehensive medical narratives.

• Negotiate aggressively with national insurers headquartered in Florida.

• Take your case to trial if a fair settlement is refused.

Local Resources & Next Steps for Fort Lauderdale Claimants

Key Agencies and Courts

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Crash records and driver license services. Broward County 17th Judicial Circuit Court – Civil filings exceeding $50,000. Broward County Bar Association – Lawyer referral and pro bono services.

• Legal Aid Service of Broward County – Assistance for low-income plaintiffs.

Choosing the Right Fort Lauderdale Accident Attorney

Look for lawyers licensed by The Florida Bar, with trial experience, client testimonials, and transparent fee structures (contingency fees typically 33⅓%–40% in Florida). Verify no disciplinary history on the Bar’s website.

Act Now – Protect Your Claim

Time is your enemy in personal injury cases. Evidence fades and statutory deadlines close quickly. If you or a loved one were harmed in Fort Lauderdale, do not navigate the maze of Florida personal injury law alone.

Call Louis Law Group at 833-657-4812 for a FREE, no-obligation case evaluation today. Our team stands ready to fight for the compensation you deserve.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship. Consult a qualified Florida personal injury lawyer for advice regarding your specific situation.