Guide to Florida Personal Injury Law | Jacksonville Rights

Estimated read time: 11 min read

Introduction: Why Understanding Personal Injury Rights Matters in Jacksonville

Jacksonville’s growing population, busy ports, and sprawling highways make accidents a daily reality. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Facts, Duval County recorded more than 24,000 crashes in the most recent year reported. Whether you were hurt on I-95, slipped in a Riverside storefront, or suffered a boating collision on the St. Johns River, knowing your legal options is critical. This guide explains Florida personal injury law as it applies to Jacksonville residents, outlines the exact steps to protect your claim, and highlights when to consult a Jacksonville accident attorney—all with a focus on protecting injured individuals. Common claim types we cover include:

• Auto and truck accidents

• Motorcycle and bicycle crashes

• Slip-and-fall incidents

• Boating and watercraft accidents

• Workplace injuries

• Defective products

• Wrongful death

Understanding Florida Personal Injury Law

1. Statute of Limitations

Florida recently shortened most negligence deadlines. For injuries occurring on or after March 24, 2023, you generally have two (2) years to file suit, per Florida Statutes § 95.11. Specific timeframes include:

• General negligence (auto, slip-and-fall, product liability): 2 years.

• Wrongful death: 2 years from the date of death.

• Medical malpractice: 2 years from discovery, but no later than 4 years.

• Claims against the State or City of Jacksonville: Presuit notice within 3 years; suit allowed only after a 6-month investigative period (Florida Statutes § 768.28).

Miss the deadline and your right to compensation may be permanently barred.

2. Comparative Fault

Historically, Florida followed a pure comparative negligence rule. As of March 24, 2023, House Bill 837 introduced a modified comparative negligence standard (not applicable to medical malpractice). You can recover damages only if you are 50 percent or less at fault. Your award is reduced by your percentage of fault. For example, an award of $100,000 is reduced to $70,000 if you are 30 percent responsible.

3. No-Fault & Personal Injury Protection (PIP)

Florida remains a no-fault auto insurance state. All vehicle owners must carry at least $10,000 in Personal Injury Protection (PIP) coverage under Florida Statutes § 627.736. Key points:

• You must seek medical treatment within 14 days of the crash.

• PIP covers 80 percent of reasonable medical expenses and 60 percent of lost wages up to policy limits.

• You can sue the at-fault driver for pain and suffering only if your injuries are “significant and permanent” as defined by § 627.737.

4. Damage Caps

Florida generally has no cap on economic or non-economic damages in negligence cases. However, medical malpractice claims face caps on non-economic damages against certain state entities. Always verify with counsel because caps evolve through legislation and court rulings.

Common Types of Personal Injury Cases in Jacksonville

Auto & Truck Accidents

The Port of Jacksonville brings heavy commercial traffic, increasing the risk of truck crashes on I-10 and I-295. To succeed, you must prove:

• The defendant owed you a duty of care (all drivers do).

• They breached that duty (speeding, distracted driving, DUI).

• The breach caused your injuries.

• You suffered damages (medical bills, lost wages, pain).

Motorcycle & Bicycle Collisions

These claims often involve catastrophic injuries. Florida law requires motor vehicles to give at least three feet when passing bicyclists (§ 316.083). Failing to obey creates liability for resulting injuries.

Slip-and-Fall/Trip-and-Fall

Under Florida Statutes § 768.0755, you must show the business had actual or constructive knowledge of a dangerous condition and failed to correct it. Surveillance videos at Jacksonville retailers become crucial evidence—request them promptly.

Boating Accidents

With the St. Johns River and proximate Atlantic coast, boating mishaps are common. Liability hinges on proof the operator violated navigation rules, was intoxicated, or failed to maintain the vessel.

Workplace Injuries

Most employees are covered by Florida’s workers’ compensation system. However, you may pursue a separate personal injury suit if a third-party (e.g., subcontractor) caused your harm.

Defective Products

Florida recognizes strict liability for dangerous products. You must prove the product was defective when it left the manufacturer and the defect caused your injury. Claims must still be brought within 2 years.

Wrongful Death

Survivors may seek economic and non-economic damages: lost support, funeral expenses, and the decedent’s mental pain and suffering (§ 768.21). Only the personal representative of the estate may file suit.

Florida Legal Protections & Recent Court Rulings

Key Statutes Affecting Injury Claims

• Title XLV (Torts)—Defines negligence, comparative fault, and damages.

• Chapter 440—Workers’ compensation framework.

• Chapter 627—Insurance regulation, including PIP.

Notable Court Decisions

• Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014) struck down caps on wrongful-death noneconomic damages in medical malpractice cases.

• Evans v. Contrctors—Reaffirmed the need for substantive evidence of “constructive notice” in slip-and-fall claims.

• Wilsonart, LLC v. Lopez, 308 So. 3d 956 (Fla. 2020) clarified summary-judgment standards, affecting discovery strategy.

Insurance Bad-Faith Protections

Section 624.155 allows claimants to sue insurers for failing to settle in good faith. A detailed presuit Civil Remedy Notice (CRN) must be filed with the Florida Department of Financial Services.

Steps to Take After an Injury in Jacksonville

1. Seek Immediate Medical Care

Your health comes first, and medical documentation is the backbone of any claim. Visit an emergency room (UF Health Jacksonville, Baptist Medical Center) or urgent care. Under PIP, treatment must occur within 14 days.

2. Report the Accident

• Traffic collisions: Call JSO (Jacksonville Sheriff’s Office) or Florida Highway Patrol. Crashes causing injury, death, or $500+ damage require a police report (§ 316.066).

• Premises incidents: Notify store management and obtain a written incident report.

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

• Boating accidents: Report to the Florida Fish and Wildlife Conservation Commission if injuries, death, or damages exceed $2,000.

3. Document Everything

Use your smartphone to photograph:

• Vehicle damage, skid marks, and weather conditions.

• Hazardous conditions (spills, broken stairs).

• Visible injuries.

Collect witness names and phone numbers. Save medical receipts, medication lists, and days missed from work.

4. Preserve Evidence

Florida Rule of Civil Procedure 1.380 allows sanctions for spoliation. Send a “spoliation letter” to the at-fault party demanding preservation of surveillance footage, black-box data, or maintenance logs.

5. Notify Insurers—But Be Cautious

Report the incident to your insurer promptly to keep coverage intact. Provide facts only; do not give recorded statements to the other party’s adjuster without counsel.

6. Track Deadlines

Calendar the 2-year statute of limitations. Claims against Jacksonville government also require notice within 3 years.

When to Seek Legal Help in Florida

You can settle minor property-damage claims alone, but you should hire a personal injury lawyer Florida if:

• You suffered significant or permanent injuries.

• Liability is disputed or shared.

• An insurer denies or undervalues your claim.

• You face complex defendants (trucking companies, product manufacturers, government entities).

• You have not healed within a few weeks and medical bills are mounting.

Louis Law Group has recovered millions for injured Floridians. We conduct thorough investigations, negotiate aggressively, and—when necessary—litigate in the United States District Court, Middle District of Florida (Jacksonville Division) or state circuit courts.

Local Resources & Next Steps

Florida Department of Highway Safety and Motor Vehicles—Crash reports, traffic safety data.

• Duval County Courthouse: 501 W. Adams St., Jacksonville, FL 32202 (Civil filings on 2nd Floor).

Jacksonville Area Legal Aid—Free or low-cost legal services. Jacksonville Bar Association—Lawyer referral service.

If you decide to move forward, gather your police report, medical records, photos, and all correspondence. Then:

• Call Louis Law Group at 833-657-4812.

• Schedule a free, no-obligation consultation—phone, video, or in person.

• We’ll evaluate liability, insurance coverage, and potential damages.

• If we accept your case, you pay no fees unless we win.

Disclaimer

This guide is for informational purposes only and does not create an attorney-client relationship. Laws change frequently; consult a licensed Florida attorney for advice regarding your particular situation.

Take Action Today

If you’ve been injured in Florida, call Louis Law Group at 833-657-4812 for a free case evaluation. Let our dedicated Jacksonville accident attorneys fight for the compensation you deserve while you focus on healing.