Jacksonville Guide to Florida Personal Injury Law

Estimated reading time: 13 min read

Introduction: Why Jacksonville Residents Need a Clear Roadmap After an Accident

Whether you were rear-ended on I-95, slipped on a wet aisle at a River City Marketplace store, or were injured during a weekend boating excursion near the St. Johns River, knowing your rights under Florida personal injury law is crucial. Data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) show Duval County consistently ranks among the top five counties for traffic collisions in the state. Yet motor-vehicle crashes are only one source of harm. Jacksonville’s thriving logistics industry sees frequent workplace injuries, and our proximity to waterways creates unique hazards for boaters.
This guide—written with a slight bias toward protecting injured Floridians—breaks down:

• The current statute of limitations (generally two years for negligence claims filed after March 24, 2023).

• How Florida’s pure comparative negligence system affects compensation.

• Mandatory Personal Injury Protection (PIP) insurance requirements.

• Step-by-step instructions to preserve evidence, deal with insurers, and file suit if necessary.

Every section is grounded in the Florida Statutes, court precedents, and agencies such as the Florida Department of Financial Services. If you need personalized help, call 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, Fla. Stat. § 95.11 was amended, reducing the limitations period for general negligence from four years to two years. Wrongful-death claims remain two years (Fla. Stat. § 95.11(4)(d)). Medical malpractice actions must also be filed within two years from discovery but no later than four years from the act (Fla. Stat. § 95.11(4)(b)). Missing these deadlines almost always bars recovery.

2. Pure Comparative Negligence

Florida follows a modified comparative negligence standard with a 50% bar for incidents occurring on or after March 24, 2023 (Fla. Stat. § 768.81). If you are 50% or more at fault, you cannot recover damages. If you are 49% or less at fault, your award is reduced by your percentage of fault. This makes evidence collection vital—every percent matters.

3. Mandatory PIP Coverage

Under Fla. Stat. § 627.736, all motorists must carry at least $10,000 in Personal Injury Protection. PIP covers 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, but you must seek initial medical treatment within 14 days to qualify. Serious injuries—defined by Fla. Stat. § 627.737—allow you to step outside the no-fault system and pursue the at-fault driver.

4. Liability Insurance Requirements

Florida does not mandate bodily injury liability (BIL) for most drivers, but many carry it voluntarily. Commercial vehicles, rideshare operators, and certain professional drivers are subject to higher BIL minimums. When BIL is absent or insufficient, victims may turn to Uninsured/Underinsured Motorist (UM/UIM) coverage or explore vicarious liability against employers or vehicle owners.

Common Types of Personal Injury Cases in Jacksonville

1. Auto and Truck Accidents

Jacksonville’s busy corridors—such as I-295, US-1, and Beach Boulevard—experience thousands of crashes annually. Proving negligence typically involves demonstrating:

• The driver owed a duty (all motorists must drive reasonably).

• Breach of that duty (speeding, distracted driving).

• Causation (the breach caused your injuries).

• Damages (medical bills, lost wages, pain and suffering).

Commercial trucking claims often invoke the Federal Motor Carrier Safety Regulations and may require black-box data downloads.

2. Slip-and-Fall & Premises Liability

Florida premises law (Fla. Stat. § 768.0755) obligates business owners to exercise reasonable care in maintaining their property. Plaintiffs must prove the business had actual or constructive notice of a hazardous condition. Preservation of surveillance footage and incident reports is thus critical.

3. Boating & Maritime Injuries

With the St. Johns River and Atlantic coastline, Jacksonville sees heavy recreational boating traffic. Florida leads the nation in boating accidents, per U.S. Coast Guard data. Claims may fall under state negligence law or federal admiralty jurisdiction, depending on where the incident occurred.

4. Workplace Accidents

Most employees are covered by Florida’s workers’ compensation system (Fla. Stat. § 440). However, if a third party—such as an equipment manufacturer—contributed to your injuries, a separate personal injury action may be possible.

5. Defective Products

Florida recognizes strict liability for defective products. Plaintiffs must show the product was unreasonably dangerous and reached consumers without substantial change. The risk-utility and consumer-expectation tests apply.

6. Wrongful Death

Under Fla. Stat. § 768.19, surviving family may recover for medical and funeral expenses, loss of support, and mental pain. Claims must be brought by the decedent’s personal representative within two years.

Florida Legal Protections & Recent Developments

1. Caps on Damages

Medical malpractice non-economic damages were once capped at $500,000, but in Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014), the Florida Supreme Court struck down statutory caps in wrongful-death malpractice cases as unconstitutional. Most personal injury claims today face no statutory cap on pain-and-suffering damages, although punitive damages are limited to three times compensatory damages or $500,000 (Fla. Stat. § 768.73).

2. Bad-Faith Insurance Protections

Insurers must settle claims in good faith. Fla. Stat. § 624.155 allows tort actions against insurers acting unfairly. Recent amendments require claimants to give insurers a statutory 90-day pre-suit notice to cure.

3. Recent Court Rulings Impacting Claimants

• Wilsonart, LLC v. Lopez, 308 So.3d 961 (Fla. 2020): Clarified summary-judgment standards, aligning Florida with federal methodology—defendants may obtain early dismissal if plaintiffs lack genuine factual disputes.

• Negron v. City of Miami Beach, 331 So.3d 747 (Fla. 2021): Reinforced premises owners’ constructive notice obligations, favoring plaintiffs when hazards are recurring or foreseeable.

4. Sovereign Immunity Limits

Suits against state or local governments (e.g., City of Jacksonville) are subject to damage caps of $200,000 per person/$300,000 per incident unless the legislature authorizes a claims bill (Fla. Stat. § 768.28).

What to Do Immediately After an Injury

1. Seek Medical Attention Within 14 Days

Your health—and your PIP benefits—depend on prompt care. Delays allow insurers to argue intervening causes or pre-existing conditions.

2. Report the Incident

• Motor-vehicle crash: Call 911 if injuries or $500+ in property damage. Obtain a police report (Fla. Stat. § 316.066).

• Slip-and-fall: Notify store management and request a written report.

• Boating accident: File a report with the Florida Fish and Wildlife Conservation Commission if injury, death, or $2,000+ property damage.

• Workplace injury: Inform your employer within 30 days (Fla. Stat. § 440.185).

3. Document Everything

• Photograph the scene, hazards, vehicle damage, and visible injuries.

• Collect witness names, phone numbers, and email addresses.

• Preserve physical evidence—torn clothing, defective products, broken handrails.

• Keep a pain journal charting daily limitations and medical appointments.

4. Notify Insurance Companies Carefully

Provide basic facts only. Recorded statements can be used against you. Politely decline to speculate on fault or medical prognosis. Do not sign blanket medical authorizations without legal advice.

5. Track All Expenses

Save ER bills, physical-therapy invoices, prescription receipts, and mileage logs. These records are the backbone of your damages claim.

When to Consult a Jacksonville Accident Attorney

Florida law does not require a lawyer, but insurers rely on experienced adjusters and in-house counsel. You should strongly consider representation when:

• Your injuries are permanent or disabling.

• Liability is disputed or multiple parties are involved.

• The at-fault driver lacks sufficient BIL coverage.

• You face an upcoming statute-of-limitations deadline.

• A government entity or large corporation is the defendant.

Louis Law Group advocates exclusively for the injured—not insurance companies. Our Jacksonville-based team investigates crashes, consults medical experts, and negotiates aggressively. If settlement fails, we file suit in the Fourth Judicial Circuit Court for Duval County or the U.S. District Court, Middle District of Florida, Jacksonville Division.

Local Resources & Next Steps

• FLHSMV Jacksonville Service Center: 7439 Wilson Blvd. Obtain crash reports and driver records.

• Duval County Courthouse: 501 W. Adams St. File civil complaints in person.

• Jacksonville Area Legal Aid (JALA): Free legal clinics for low-income residents.

• Jacksonville Bar Association Lawyer Referral Service: Matches callers with screened attorneys.

Remember, every case is unique. Evidence can disappear quickly, and statutory deadlines are unforgiving.

If you or a loved one has been injured anywhere in Florida, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation.

Disclaimer

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