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Jacksonville Florida Personal Injury Law Guide & Rights

8/17/2025 | 1 min read

12 min read

Introduction: Why Jacksonville Residents Must Understand Florida Personal Injury Law

Jacksonville’s growing population, busy port, and extensive highway network make accidents almost inevitable. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Duval County recorded more than 24,000 traffic crashes in 2022 alone. Yet car collisions are only one source of personal injury; slip-and-fall incidents at River City Marketplace, boating mishaps on the St. Johns River, construction accidents in the expanding downtown corridor, and defective products flooding local shelves all send Jacksonville residents to emergency rooms every day. When injuries occur, victims face mounting medical bills, lost income, and emotional distress. Knowing your rights under Florida personal injury law—and how those rights apply in Jacksonville—can be the difference between fair compensation and financial ruin.

This guide explains key Florida statutes, recent court decisions, and insurance rules that shape injury claims. It offers actionable, step-by-step advice for victims of:

  • Auto, truck, and motorcycle accidents

  • Slip-and-fall or trip-and-fall incidents

  • Boating and Jet Ski crashes

  • Workplace injuries and third-party liability

  • Defective or dangerous products

  • Wrongful death claims

Our focus is Jacksonville, but the principles apply statewide. If you need personalized help, Louis Law Group stands ready to fight for you. Call 833-657-4812 for a free case evaluation.

Understanding Florida Personal Injury Law

1. Florida’s Statute of Limitations

House Bill 837, signed on March 24, 2023, reduced the general negligence statute of limitations from four years to two years. That means most personal injury plaintiffs now have only two years from the date of injury to file suit. Exceptions include:

  • Medical malpractice: Two years from the date the injury was discovered or should have been discovered, subject to a four-year statute of repose.

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

  • Claims against government entities: Presuit notice requirements (Florida Statutes §768.28) extend the timetable but impose strict written notice rules.

Missing these deadlines typically bars recovery, so mark your calendar immediately after an accident.

2. Comparative Negligence in Florida

Florida adopted a modified comparative negligence model under HB 837. You can recover damages only if you are ≤50% at fault. If you are 51% or more responsible, your claim is barred. When you are partially at fault (e.g., 20%), your damages are reduced by that percentage. For example, a $100,000 verdict becomes $80,000 if you were 20% negligent.

3. Mandatory Personal Injury Protection (PIP)

Florida remains a no-fault state for motor vehicles. Every owner of a Florida-registered car must carry at least $10,000 PIP and $10,000 Property Damage Liability. PIP pays:

  • 80% of reasonable medical expenses

  • 60% of lost wages

  • Up to $5,000 death benefit

To unlock PIP, you must seek medical care within 14 days. Serious injuries that exceed the “permanent injury” threshold allow you to pursue pain-and-suffering damages against the at-fault driver.

4. Licensing and Ethical Standards for Florida Attorneys

All Florida personal injury lawyers must be licensed by the Florida Bar and comply with Rule 4-1.5 on contingency fees (capped at 33 ⅓% pre-suit up to $1 million, then 40% thereafter). Verify licensure at the Florida Bar’s website.

Common Types of Personal Injury Cases in Florida

1. Auto, Truck, and Motorcycle Accidents

The legal standard is negligence: duty, breach, causation, and damages. Evidence may include police crash reports, witness testimony, electronic data recorders, and medical records. Commercial truck cases often invoke federal FMCSA regulations and may involve multiple defendants—driver, carrier, maintenance company.

2. Slip-and-Fall or Trip-and-Fall (Premises Liability)

Under Florida Statutes §768.0755, a plaintiff injured by a transitory substance (like spilled drink at a Jacksonville grocery) must prove the business had actual or constructive knowledge of the dangerous condition and failed to correct it. Surveillance footage, incident reports, and cleaning logs are pivotal.

3. Boating Accidents

With the Intracoastal Waterway and miles of coastline, Jacksonville sees frequent boating claims. Operators owe a duty to maintain proper lookout and comply with U.S. Coast Guard rules. Investigations may involve the Florida Fish and Wildlife Conservation Commission (FWC) and federal maritime law.

4. Workplace Injuries & Third-Party Liability

Florida’s workers’ compensation system is no-fault, but third-party suits against negligent contractors or product manufacturers may supplement benefits. For example, a shipyard worker injured by defective scaffolding can pursue both workers’ comp and a civil product liability action.

5. Defective Products

Product liability claims can arise from dangerous toys sold at Jacksonville retail chains or malfunctioning auto parts. Plaintiffs typically allege design defect, manufacturing defect, or failure to warn. Strict liability applies, meaning you do not have to prove the manufacturer was negligent—only that the product was unreasonably dangerous.

6. Wrongful Death

Florida Statutes §768.16–768.26 (the Wrongful Death Act) allows surviving family to recover lost support and services, funeral expenses, and mental pain and suffering. The personal representative files on behalf of the estate and survivors.

Florida Legal Protections & Recent Court Rulings

1. Damages Caps and Constitutional Challenges

Florida once capped noneconomic damages in medical malpractice cases at $500,000—$1 million (Florida Statutes §766.118). In North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017), the Florida Supreme Court struck down these caps as unconstitutional. Today, no statutory cap exists for pain-and-suffering damages in medical malpractice, ordinary negligence, or product liability cases.

2. Sovereign Immunity Limits

Claims against Florida state agencies or local governments are limited to $200,000 per person and $300,000 per incident (Florida Statutes §768.28). Larger awards require a legislative claims bill—an arduous political process.

3. The Graves Amendment and Rental Cars

Because Jacksonville International Airport hosts multiple rental agencies, travelers should know 49 U.S.C. §30106 (“Graves Amendment”) generally shields rental companies from vicarious liability. However, liability arises if the company’s own negligence—such as failure to maintain brakes—contributed to the crash.

4. Recent Shift on Bad Faith

HB 837 added new obligations on claimants during settlement negotiations and reduces insurers’ exposure to bad-faith lawsuits if they tender policy limits within 90 days of receiving sufficient information. Nevertheless, insurers still owe a duty of good faith, and evidence of delay or lowball offers can support a bad-faith claim.

Practical Steps to Take After an Injury in Jacksonville

1. Seek Immediate Medical Attention

Your health comes first, and prompt treatment documents injuries for PIP and liability claims. Jacksonville offers Level I trauma care at UF Health Jacksonville and Ascension St. Vincent’s.

2. Report the Incident

Traffic accidents: Call 911 and wait for Jacksonville Sheriff’s Office or Florida Highway Patrol. For minor fender-benders without injuries, Florida law still requires exchanging information and filing a self-report (FLHSMV Crash Report).

  • Boating accidents: Notify FWC or local law enforcement if injuries or property damage exceed $2,000.

  • Slip-and-falls: Insist the store manager create an incident report; obtain a copy or photograph it.

3. Preserve Evidence

Use your smartphone to photograph vehicle damage, hazardous conditions, and weather. Collect witness contact information. Retain damaged shoes, defective products, or torn clothing in sealed bags.

4. Notify Insurers Promptly—but Cautiously

PIP claims must be opened within 14 days. Provide basic facts only. Never give a recorded statement to the at-fault party’s insurer before consulting counsel.

5. Track Expenses and Losses

Create a folder for medical bills, receipts, mileage, pay stubs, and out-of-pocket costs. A day-in-the-life journal helps quantify pain and suffering.

6. Calculate Statutory Deadlines

Note the two-year clock for negligence and wrongful death. If a government entity is involved—such as a city bus or county employee—serve written notice within 3 years (wrongful death: 2 years) per §768.28.

When to Seek Legal Help in Florida

Minor fender-benders with only soft-tissue injuries may settle within PIP limits. However, you should consult a Jacksonville accident attorney if:

  • Your injuries are permanent, disabling, or require surgery.

  • The at-fault driver lacks sufficient insurance (Florida does not require BI liability coverage).

  • An insurer disputes fault or blames you.

  • You suspect a product defect, complex medical malpractice, or multiple defendants.

  • A loved one died due to negligence.

Louis Law Group combines statewide resources with local insight. Our attorneys negotiate aggressively with insurers, gather expert testimony, and—when necessary—litigate in Duval County’s Fourth Judicial Circuit. We work on contingency, so you owe no fees unless we win.

Local Resources & Next Steps

Florida Statutes Chapter 768 – Negligence Florida Department of Highway Safety and Motor Vehicles – Crash reports and driver services Florida Department of Financial Services – Insurance consumer assistance and PIP information Jacksonville Bar Association – Lawyer referral and legal aid resources

Duval County Courthouse is located at 501 W. Adams Street, and small-claims cases under $8,000 are heard in county court. Severe injury lawsuits typically proceed in circuit court or, when diversity jurisdiction applies, the U.S. District Court for the Middle District of Florida (Jacksonville Division).

Next Steps:

  • Mark your deadline: two years from the injury date.

  • Gather all medical and insurance documentation.

  • Schedule a free consultation with a qualified Jacksonville personal injury lawyer.

Ready to protect your rights? If you or a loved one suffered an injury anywhere in Florida, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. Let us fight for the compensation you deserve while you focus on healing.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney to obtain advice regarding your individual situation. Louis Law Group practices throughout Florida, and results vary based on facts and applicable law.

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