Jacksonville Guide to Florida Personal Injury Law & Rights

Introduction: Why Understanding Florida Personal Injury Law Matters in Jacksonville

Jacksonville is Florida’s most populous city and a major transportation hub served by Interstates 10, 95, and 295, the St. Johns River, miles of Atlantic coastline, and busy industrial worksites. Unfortunately, these advantages bring an above-average number of preventable injuries. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Duval County recorded 24,673 traffic crashes and 187 fatalities in 2022 alone. Thousands more residents were hurt in maritime accidents, premises liability incidents, dangerous products, and workplace mishaps.

If you or a loved one was injured because someone else failed to act with reasonable care, Florida law gives you a path to financial recovery. Compensation can cover medical bills, lost wages, pain and suffering, and other losses. This guide explains how Florida personal injury law applies specifically to Jacksonville accident victims, outlines the deadlines that could make or break your claim, and provides practical steps to protect your rights—always with a slight tilt toward the injured person’s perspective.

Below, you will learn:

• The current Florida statute of limitations after the 2023 legislative overhaul
• How Florida’s new modified comparative negligence rule can affect the value of your case
• What Personal Injury Protection (PIP) covers and the strict notice rules that apply to Jacksonville drivers
• Key evidence to gather immediately after a crash, slip, or other accident
• When to involve an experienced Jacksonville accident attorney such as Louis Law Group

Your recovery starts with knowledge. Let’s dive in.

Understanding Florida Personal Injury Law

Statute of Limitations: The Two-Year Clock for Negligence Claims

The single most important deadline in any Florida injury case is the statute of limitations. House Bill 837, signed into law on March 24, 2023, shortened the filing period for negligence actions—including most car crashes, premises liability, and product defect cases—from four years to two years. (See Fla. Stat. § 95.11.)Special limitations apply to certain claims:

• Medical malpractice: 2 years from the date the malpractice was discovered or should have been discovered, but not more than 4 years from the incident (up to 7 years if fraud prevented earlier discovery).
• Wrongful death: 2 years from the date of death.
• Claims against the State of Florida or a municipality: 3-year presuit notice requirement under Fla. Stat. § 768.28, followed by a 3-year statute of limitations (2 years for wrongful death), with additional procedural hurdles.
• Maritime injury claims: Federal admiralty law generally allows 3 years, but filing sooner is wise.

Comparative Fault: From Pure to Modified

Florida followed a pure comparative negligence system for decades, allowing injured plaintiffs to recover damages even if they were 99 percent at fault. HB 837 moved most negligence cases to a modified comparative negligence framework: you can recover damages only if you are 50 percent or less responsible for your injuries. Your award is still reduced by your percentage of fault. For example, if a jury finds you 20 percent at fault and losses total $100,000, your net recovery becomes $80,000. (Medical malpractice cases remain under the old pure comparative rule.)

Mandatory Auto Insurance and PIP Benefits

Every owner of a vehicle registered in Florida must carry:

• $10,000 in Personal Injury Protection (PIP) covering 80 percent of medical expenses and 60 percent of lost wages, regardless of fault, if initial treatment occurs within 14 days
• $10,000 in Property Damage Liability (PDL)

PIP is often not enough for serious injuries. Florida drivers may pursue a liability claim or lawsuit against an at-fault party when injuries qualify as “serious” under Fla. Stat. § 627.737—generally permanent injuries, significant scarring, disfigurement, or death. Jacksonville victims must first exhaust their PIP and comply with notice requirements preserved in medical records.

Common Types of Personal Injury Cases in Jacksonville, Florida

Motor Vehicle Collisions

Interstates 10 and 95 converge in downtown Jacksonville, creating heavy congestion and frequent rear-end, side-impact, and commercial truck crashes. To prevail, you must prove the other driver breached a duty of reasonable care—speeding, texting, or following too closely—and that the breach caused your damages. Data recorders, dash-cam footage, and FLHSMV crash reports are vital.

Slip, Trip, and Fall (Premises Liability)

Florida property owners owe invitees a duty to maintain reasonably safe premises and to warn of hidden dangers. Under the transitory foreign substance statute, Fla. Stat. § 768.0755, a plaintiff injured by a spill in a business establishment must prove the store had actual or constructive knowledge of the hazard. Surveillance video and incident logs gathered quickly in Jacksonville supermarkets, malls, and restaurants often make or break these cases.

Boating and Maritime Accidents

With the St. Johns River, Intracoastal Waterway, and Atlantic coastline, Jacksonville residents enjoy more boat traffic than most Florida cities. The Florida Fish and Wildlife Conservation Commission reported 751 boating accidents statewide in 2022. Injury cases on navigable waters may proceed under federal admiralty law, the Jones Act (for seamen), or general maritime negligence principles, which still apply Florida’s two-year statute when filed in state court.

Workplace and Construction Injuries

Duval County’s bustling port terminals, shipyards, and construction sites see higher-than-average worker injuries. Most employees are covered by Florida’s no-fault workers’ compensation system, but third-party negligence (defective equipment, subcontractor errors) can open a separate personal injury claim for damages not covered by comp, such as pain and suffering.

Defective Products

Florida follows strict liability for unreasonably dangerous consumer products. To recover, you generally must show the product was defective, the defect existed when it left the manufacturer, and the defect caused your injury while the product was being used as intended. Potential defendants include manufacturers, distributors, and retailers.

Wrongful Death

When negligence causes death, the Florida Wrongful Death Act allows the personal representative of the estate to sue for funeral expenses, lost earnings, and the survivors’ loss of companionship. The lawsuit must be filed within two years.

Florida Legal Protections & Regulations Every Claimant Should Know

No Caps on Economic or Noneconomic Damages—Except in Med-Mal

Florida does not impose caps on economic damages (medical bills, lost wages) or noneconomic damages (pain and suffering) in ordinary negligence claims. However, medical malpractice noneconomic damages are capped at $500,000 against practitioners and $750,000 against non-practitioner defendants, per Fla. Stat. § 766.118, though portions of the statute have been limited by court rulings such as Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014).

Bad-Faith Insurance Protections

If an insurer unreasonably denies or delays payment, Florida’s bad-faith statutes permit an injured party to recover damages exceeding policy limits. Before suing, you must file a Civil Remedy Notice with the Florida Department of Financial Services (DFS) and allow 60 days to cure the violation.### Seat Belt Defense and Helmet Laws

Defendants may argue your damages should be reduced because you were not wearing a seat belt, as permitted by Fla. Stat. § 316.614(10). Motorcyclists over 21 with $10,000 in medical insurance may ride without a helmet, but not wearing one can reduce damages under comparative fault.

Recent Case Law That Shapes Jacksonville Claims

• Wilsonart, LLC v. Lopez, 308 So.3d 961 (Fla. 2020): Allows summary judgment when video evidence utterly discredits plaintiff’s version—heightening the importance of dash-cam footage.
• Harper v. GEICO, 321 So.3d 815 (Fla. 2021): Reinforced insurer duties in UM/UIM claims.
• April 2023 HB 837: Modified comparative negligence and shortened limitations periods, instantly affecting every pending Jacksonville claim filed after March 24, 2023.

Practical Steps to Take Immediately After an Injury in Jacksonville

• Seek Emergency Medical Attention. Your health is paramount, and PIP benefits require treatment within 14 days. Request transport to UF Health Jacksonville or the nearest ER.
• Contact Law Enforcement or Property Management. For vehicle crashes, call 911 so the Jacksonville Sheriff’s Office or Florida Highway Patrol can complete an official crash report. For premises incidents, demand a written incident report.
• Document the Scene. Use your smartphone to photograph vehicle positions, skid marks, weather conditions, hazardous spills, or defective equipment before the scene changes.
• Collect Witness Information. Names, phone numbers, and email addresses of anyone who observed the incident bolster your claim.
• Preserve Physical Evidence. Save torn clothing, defective products, and damaged helmets. Do not repair your vehicle until after a full damage appraisal.
• Notify Your Insurer Promptly. Most auto policies require notice “as soon as practicable.” Provide factual information only; avoid recorded statements without counsel.
• Create a Medical Diary. Keep daily notes on pain levels, treatment, missed work, and how the injury affects your life—crucial for noneconomic damages.
• Avoid Social Media. Defense attorneys scour posts for material to minimize your injuries. Set accounts to private and refrain from accident-related discussion.
• Consult a Jacksonville Accident Attorney. Legal counsel keeps evidence from disappearing and negotiates with insurers so you can focus on healing.

When to Seek Legal Help in Florida

Minor fender-benders with no injuries may not justify legal representation. However, if any of the following apply, speak with an attorney immediately:

• Medical bills exceed PIP limits or injuries are “serious” under § 627.737
• You missed more than a few days of work
• Liability is disputed or multiple parties may share fault (e.g., multi-vehicle pileup on I-295)
• An insurer has offered a quick settlement or denied your claim
• The at-fault driver was uninsured or underinsured
• A governmental entity or large corporation is involved

Louis Law Group has decades of combined experience championing the rights of injured Floridians, including countless Duval County verdicts and settlements. The firm’s bilingual staff, contingency-fee arrangements, and willingness to advance litigation costs place the burden of pursuing justice squarely on the firm’s shoulders—so it doesn’t weigh on yours.

Local Resources & Next Steps for Jacksonville Victims

Florida Department of Highway Safety and Motor Vehicles Crash Dashboard: View Duval County crash statisticsFourth Judicial Circuit (Duval County) Courthouse: 501 W. Adams St., Jacksonville, FL 32202 – File civil complaints and obtain court records. Clerk of CourtsFlorida Bar Lawyer Referral Service: Free referrals to licensed attorneys statewide. Request a referral- Jacksonville Area Legal Aid (JALA): Income-qualified residents can receive free civil legal help. 126 W. Adams St., Jacksonville, FL 32202.

• Florida Department of Financial Services – Civil Remedy System: File or research insurance bad-faith notices.

Ready to Protect Your Rights?

If you or someone you love was hurt in Jacksonville, every day counts toward critical deadlines. Evidence fades, witnesses relocate, and insurance companies get to work immediately—shouldn’t you have a seasoned advocate doing the same?

Call Louis Law Group at 833-657-4812 for a FREE case evaluation today. Our attorneys are available 24/7, and you pay nothing unless we win.## Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship with Louis Law Group or any of its lawyers. Consult a licensed Florida attorney about the specific facts of your case before taking action. Deadlines and laws can change; always verify current statutes and court rules.