Guide to Florida Personal Injury Law in Jacksonville

11 min read

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

The bustling River City is home to more than 950,000 residents, three major interstates, expansive waterways, and a thriving logistics sector. With growth comes a steady rise in traffic crashes, workplace incidents, and recreational accidents. In 2023, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) recorded more than 28,000 crashes in Duval County alone. If you or a loved one sustains injuries in a Jacksonville accident, understanding your rights under Florida personal injury law is crucial to recovering medical bills, lost wages, and other damages. This guide breaks down the legal landscape—statutes of limitations, insurance rules, and liability standards—so you can protect your interests from day one. While the information below is comprehensive, it cannot replace individualized legal advice. For personalized counsel, contact Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Florida Personal Injury Law

1. Statute of Limitations

Effective March 24, 2023, House Bill 837 shortened the statute of limitations for general negligence from four years to two years (Fla. Stat. §95.11(4)). This means Jacksonville victims typically have only two years from the date of injury to file a lawsuit. Wrongful death actions remain at two years (Fla. Stat. §95.11(4)(d)), while intentional torts and certain product liability claims may differ. Missing a deadline almost always bars recovery, so act swiftly.

2. Florida’s Modified Comparative Negligence Rule

Florida recently shifted from pure comparative negligence to a modified comparative negligence standard (also amended by HB 837). Under Fla. Stat. §768.81, your recovery is reduced by your percentage of fault, and you are completely barred if you are more than 50% responsible—except in medical malpractice, which still follows the older pure comparative standard. For example, if a jury awards $100,000 but finds you 20% at fault, you collect $80,000. If you are 60% at fault, you get nothing.

3. Mandatory No-Fault Insurance (PIP)

Florida requires all motor vehicle owners to carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) under Fla. Stat. §627.736. After a crash, PIP pays 80% of reasonable medical expenses and 60% of lost wages up to policy limits, regardless of fault. To pursue pain and suffering (non-economic damages) from the at-fault driver, you must have sustained a “serious injury” as defined by Fla. Stat. §627.737—such as significant disfigurement, permanent injury, or death.

4. Damages Available

• Economic: medical bills, rehabilitation, lost earnings, property damage.

• Non-economic: pain and suffering, emotional distress, loss of enjoyment of life.

• Punitive: awarded only when the defendant’s conduct is intentional or grossly negligent, capped at three times compensatory damages or $500,000 in most cases (Fla. Stat. §768.72).

Florida abolished broad caps on non-economic damages in medical malpractice cases in North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017), making full pain-and-suffering recovery possible if malpractice is proven.

Common Types of Personal Injury Cases in Jacksonville, Florida

1. Auto Accidents

Interstates 10, 95, and 295 generate heavy commuter traffic and frequent collisions. To prevail in a negligence action, you must show: (1) duty of care, (2) breach, (3) causation, and (4) damages. Police reports, dash-cam footage, and expert accident reconstruction often prove fault. Remember the two-year filing window.

2. Slip and Fall / Premises Liability

Property owners in Florida owe invitees a duty to maintain reasonably safe conditions and to warn of hidden dangers. Under Fla. Stat. §768.0755, if you slip on a foreign substance in a business (like a grocery store), you must show the owner had actual or constructive knowledge of the hazard and failed to correct it. Photos and incident reports are vital evidence.

3. Boating Accidents

With the St. Johns River and Atlantic coastline, Jacksonville ranks among Florida’s busiest boating hubs. Operators must follow Fla. Stat. Chapter 327 (Vessel Safety). Failure to keep a proper lookout, excessive speed, and intoxication are frequent causes of injury. Claims can invoke state negligence law and federal maritime statutes.

4. Workplace Injuries

Most Jacksonville employers must carry workers’ compensation insurance per Fla. Stat. §440. While the system bars lawsuits against employers in most circumstances, you may sue third parties (e.g., equipment manufacturers) for additional damages beyond workers’ comp benefits.

5. Defective Products

Product liability cases can be based on design defects, manufacturing defects, or inadequate warnings. You may plead strict liability, negligence, or breach of warranty. The two-year statute applies. Preservation of the defective product and expert analysis are essential.

6. Wrongful Death

When negligence causes death, Fla. Stat. §768.16–768.26 empowers the decedent’s personal representative to sue for lost support, funeral expenses, and emotional damages to survivors. The filing deadline is two years from death.

Florida Legal Protections & Regulations Impacting Injury Claims

1. Medical Malpractice Presuit Requirements

Pursuant to Fla. Stat. §766.106, claimants must serve a notice of intent and obtain a corroborating medical expert affidavit before filing suit. A 90-day presuit investigation period follows.

2. Sovereign Immunity Limits

Suing the City of Jacksonville, the Jacksonville Transportation Authority, or other state entities triggers Fla. Stat. §768.28. Damages are capped at $200,000 per person and $300,000 per incident unless the Legislature approves a claims bill.

3. Damage Caps in Punitive Awards

Fla. Stat. §768.73 generally caps punitive damages at three times compensatory damages or $500,000, whichever is greater, but the cap rises to $2 million when the defendant’s conduct was motivated by financial gain.

4. Offers of Judgment / Proposals for Settlement

Under Fla. Stat. §768.79 and Fla. R. Civ. P. 1.442, either party can make a written settlement offer. Rejecting a reasonable offer may later expose the losing party to the other side’s attorney’s fees if the final judgment is 25% less favorable.

Steps to Take After an Injury in Jacksonville

Seek Immediate Medical Care Under Fla. Stat. §627.736(1)(a), accident victims must obtain initial medical treatment within 14 days to use PIP benefits. Call 911 or visit an ER or urgent care without delay. Report the Incident Traffic crashes involving injury or $500+ damage must be reported to law enforcement (Fla. Stat. §316.065). Work injuries require notifying your employer within 30 days (§440.185), but sooner is better. Document Everything Take photos of the scene, visible injuries, weather conditions, and hazards. Collect witness names and contact information. Preserve damaged personal property. Exchange Insurance Information Obtain driver, vessel, or property owner insurance details. For auto accidents, also note the make, model, and VIN. Avoid Admitting Fault Even casual statements can be used against you under Florida’s modified comparative negligence rule. Notify Your Insurer Promptly Most policies require notice “as soon as practicable.” Delays can jeopardize coverage. Track Medical Expenses and Lost Income Save bills, mileage logs, prescriptions, work absence records, and receipts for out-of-pocket costs. Consult an Experienced Jacksonville Accident Attorney Early legal guidance helps preserve evidence, calculate damages, and comply with notice deadlines—especially in claims against city or state agencies.

When to Seek Legal Help in Florida

Minor fender-benders with only PIP-covered injuries may be resolved without counsel. However, consider retaining a personal injury lawyer when:

• Injuries are severe, permanent, or require surgery or extensive rehab.

• Your medical bills exceed PIP limits or you miss more than a few days of work.

• The at-fault party disputes liability or alleges you share fault.

• An insurance adjuster offers a quick settlement before you finish treatment.

• The claim involves wrongful death, medical malpractice, or a government defendant.

Louis Law Group focuses on protecting injured Floridians. Our attorneys fight insurance tactics, coordinate medical liens, and build strong evidence for trial. There is no fee unless we win. Call 833-657-4812 for your free case evaluation.

Local Resources & Next Steps for Jacksonville Victims

Duval County Clerk of Courts – Find filing fees, court dates, and e-filing portals. Florida Department of Financial Services – Verify insurer solvency or file a consumer complaint. Jacksonville Bar Association Lawyer Referral Service – Obtain additional attorney referrals if needed. Florida Statutes – Read full text of relevant laws.

Time limits are ticking the moment an injury occurs. Evidence can disappear, memories fade, and insurance adjusters start building a defense. If you’ve been hurt in Jacksonville or anywhere in Florida, don’t go it alone—call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation today.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws change frequently; consult a licensed Florida attorney about your specific situation.