Injury Lawyer Near Me: Personal Injury Guide – St. Augustine, FL

Introduction: Why St. Augustine Residents Need a Local Personal Injury Guide

Historic St. Augustine, founded in 1565, welcomes nearly five million visitors each year to its cobblestone streets, beaches, and festivals. While tourism boosts the local economy, it also contributes to traffic congestion on U.S. 1, A1A, and State Road 312, increasing the likelihood of car, bicycle, and pedestrian accidents. Add seasonal hurricanes and construction projects along the Intracoastal Waterway, and the potential for personal injuries in St. Johns County becomes clear. If you have searched for a “personal injury lawyer St. Augustine Florida”, this guide is for you. It explains your rights under Florida law, the steps you must take after an injury, and why timely legal help can protect your claim.

Understanding Your Personal Injury Rights in Florida

Florida’s Definition of Personal Injury

Under Florida law, a personal injury is harm to a person’s body, mind, or emotions caused by another’s negligence, intentional act, or strict liability (for example, a defective product). Compensation may include medical bills, lost wages, pain and suffering, and other damages permitted under Florida Statute §768.81.

Statute of Limitations

Most negligence-based personal injury lawsuits in Florida must be filed within two years of the accident date (Florida Statute §95.11(3)(a), amended March 24, 2023). Missing this deadline generally bars you from recovering damages.

Comparative Negligence Rule

Florida uses a modified comparative negligence standard (Florida Statute §768.81). If you are found ≤50% at fault, your recovery is reduced by your percentage of fault. If you are >50% at fault, you cannot recover. This makes prompt evidence preservation crucial.

No-Fault Insurance and PIP Benefits

Florida is a no-fault state for motor vehicle accidents. Drivers must carry at least $10,000 in Personal Injury Protection (PIP) under Florida Statute §627.736. PIP pays 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, up to policy limits. To step outside PIP and sue the at-fault driver for additional damages, you must meet the “serious injury” threshold in §627.737(2).

Rights of Injury Victims

• Right to access medical records (Florida Statute §456.057).

• Right to request an accident report from the St. Johns County Sheriff’s Office under Florida’s Public Records Act (Chapter 119).

• Right to hire an attorney of your choice. Lawyers must be licensed by The Florida Bar and comply with the Florida Rules of Professional Conduct.

• Right to a jury trial in civil cases (Florida Constitution, Art. I, §22).

Common Types of Personal Injury Cases in St. Augustine and Florida

1. Motor Vehicle Collisions

According to the Florida Highway Safety and Motor Vehicles Crash Facts, St. Johns County recorded over 3,300 crashes in 2022. Tourist traffic near Castillo de San Marcos and SR A1A often leads to rear-end and intersection collisions.

2. Bicycle and Pedestrian Accidents

The narrow historic roads downtown create conflict points between vehicles, cyclists, and pedestrians. Florida leads the nation in pedestrian fatalities per capita, making awareness and proper crosswalk use critical.

3. Slip, Trip, and Fall Incidents

Under Florida premises liability law (common law negligence principles and §768.0755 for transitory foreign substances), property owners must maintain reasonably safe conditions. Uneven bricks on St. George Street or wet floors in beachside restaurants can lead to serious injuries.

4. Boating and Watercraft Injuries

With the Matanzas River and Atlantic Ocean at its doorstep, St. Augustine sees frequent boating traffic. The Florida Fish and Wildlife Conservation Commission (FWC) reported 735 boating accidents statewide in 2022.

5. Hurricane-Related Claims

Storm debris, fallen trees, or unsafe post-hurricane repairs can injure residents. Property owners and contractors may be liable if they fail to secure hazards in a reasonable time.

6. Product Liability

If a defective product—such as a faulty e-scooter battery—causes injury, strict liability may apply. Claims rely on manufacturing or design defects proven through expert testimony.

Florida Legal Protections & Injury Laws

Florida Statute §768.21 – Wrongful Death

When negligence results in death, the decedent’s personal representative may bring a wrongful death action. Recoverable damages include lost support, medical expenses, and mental pain and suffering for certain surviving relatives.

Florida Rules of Civil Procedure

• Rule 1.350 – permits discovery requests for documents such as medical bills and insurance policies.

• Rule 1.510 – summary judgment may resolve claims lacking genuine issues of material fact.

• Rule 1.442 – governs proposals for settlement (offers of judgment) that can shift attorneys’ fees if one party unreasonably rejects.

Caps on Damages

Florida has no statutory cap on economic or non-economic damages in ordinary negligence cases since the Florida Supreme Court struck down medical malpractice caps in Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014). Each case must be evaluated on its unique facts.

Attorney Fees and Contingency Agreements

Most personal injury attorneys work on contingency, charging a percentage only if they recover compensation. The Florida Bar’s Rule 4-1.5(f) sets maximum percentages: 33⅓% of recoveries up to $1 million if suit is filed, with stepped reductions for higher amounts.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Attention

St. Johns County residents typically present at Flagler Hospital (now known as HCA Florida Flagler Hospital) on Health Park Blvd. Documenting injuries quickly not only safeguards your health but also satisfies PIP’s 14-day treatment rule (§627.736(1)(a)).

2. Report the Incident

• Car accidents: Contact the St. Augustine Police Department or Florida Highway Patrol if injuries or property damage exceed $500 (§316.066).

• Slip and falls: Notify the store or property manager and request a written incident report.

• Boating accidents: Report to the FWC if injuries require medical treatment beyond first aid (§327.30).

3. Preserve Evidence

Photograph vehicle damage on U.S. 1, record witness contact info, and keep damaged shoes or clothing. Under Rule 1.380, failure to preserve evidence can lead to sanctions.

4. Notify Insurance Companies—But Cautiously

You must report crashes to your insurer within policy deadlines. However, provide only factual information. Recorded statements to the at-fault party’s insurer can be used against you.

5. Track Expenses and Losses

Create a file for medical bills from local providers such as Anastasia Family Care, therapy invoices, mileage to appointments, and pay stubs showing lost wages.

6. Consult a Qualified Personal Injury Lawyer

An attorney licensed in Florida can evaluate liability, calculate damages, and file suit in the Seventh Judicial Circuit Court in St. Johns County if negotiations fail.

When to Seek Legal Help in Florida

You Sustained Serious Injuries

Fractures, spinal cord trauma, or traumatic brain injuries often exceed PIP limits. A St. Augustine accident attorney can help you pursue the at-fault driver’s Bodily Injury Liability (BIL) coverage.

Liability Is Disputed

If the other party blames you—for example, alleging you crossed King Street outside a marked crosswalk—comparative negligence could slash your recovery. Legal counsel can gather surveillance footage or accident reconstruction experts.

Insurance Offers Are Too Low

Insurers often make early lowball offers. A lawyer can estimate fair value based on past Florida jury verdicts and medical projections.

The Statute of Limitations Is Approaching

If two years are about to expire, filing suit tolls the deadline, preserving your claim.

Local Resources & Next Steps for St. Augustine Victims

Medical Facilities

• HCA Florida Flagler Hospital – 400 Health Park Blvd., St. Augustine, FL 32086

• St. Augustine Urgent Care – 6101 A1A S, St. Augustine, FL 32080

Court Locations

• St. Johns County Courthouse – 4010 Lewis Speedway, St. Augustine, FL 32084

Accident Reports

Purchase traffic crash reports online through the Florida Crash Portal after the mandatory 60-day confidentiality period (§316.066).

Consumer Complaints Against Insurers

You may file complaints with the Florida Department of Financial Services if an insurer mishandles your claim.

Victim Compensation Fund

The Florida Attorney General administers the Crimes Compensation Trust Fund (Chapter 960) for victims of violent crimes, covering medical bills and counseling.

Conclusion

Florida’s personal injury framework can be unforgiving toward the uninformed. Short deadlines, comparative negligence, and complex insurance rules jeopardize unrepresented claims. By acting promptly—securing medical care, preserving evidence, and consulting a knowledgeable personal injury lawyer St. Augustine Florida residents can protect their right to Florida injury compensation.

Legal Disclaimer

This article provides general information only and does not constitute legal advice. Laws change and the facts of every case differ. Consult a licensed Florida attorney for guidance on your specific situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.