Jacksonville Guide to Florida Personal Injury Law & Your Rights

12 min read

Introduction: Why Jacksonville Residents Must Master Florida Personal Injury Law

Jacksonville’s fast-growing highways, busy Port of Jacksonville, and booming construction sites make it one of Florida’s most accident-prone regions. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Duval County logged more than 24,000 traffic crashes in the most recent reporting year—an average of 65 crashes every day. Slip-and-fall incidents in crowded shopping centers, boating mishaps on the St. Johns River, and workplace injuries on the city’s expanding industrial corridor add to the risk. If you were hurt because someone else acted negligently, understanding Florida personal injury law in Jacksonville can be the difference between full compensation and a denied claim.

This guide is designed for injured individuals asking, “Is there an injury lawyer near me who can help?” We explain:

• The statutes and court rules that govern Florida injury claims

• How comparative negligence affects your recovery

• The critical two-year statute of limitations for negligence actions (reduced from four years in 2023)

• Step-by-step instructions to preserve evidence and protect your rights

• When and why to consult a Jacksonville accident attorney

Read on to empower yourself, then call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Florida Personal Injury Law

1. Florida’s Statute of Limitations

Effective March 24, 2023, Florida’s legislature amended Florida Statutes §95.11, shortening the filing deadline for negligence actions from four years to two years. Wrongful-death claims remain at two years from the date of death. Missing this deadline almost always bars recovery, so mark your calendar and consult counsel promptly.

2. Pure Comparative Negligence

Florida replaced pure comparative negligence with a modified comparative negligence rule for most negligence cases filed after 3/24/2023. Injured parties who are more than 50% at fault cannot recover damages (House Bill 837). If you are 25% responsible, your award is reduced by that percentage. This makes strong evidence collection in Jacksonville crucial to limit the fault insurers will try to pin on you.

3. Personal Injury Protection (PIP)

Under FLHSMV insurance requirements, every Jacksonville motorist must carry at least $10,000 in PIP coverage. PIP pays 80% of reasonable medical expenses and 60% of lost wages up to the limit, regardless of fault, if you seek treatment within 14 days of a crash. Because PIP rarely covers the full cost of serious injuries, filing a liability claim or lawsuit is often necessary.

4. Damage Categories

• **Economic damages **—medical bills, lost wages, rehab costs

• **Non-economic damages **—pain, suffering, emotional distress

**Punitive damages **—available only if the defendant’s conduct was intentional or grossly negligent; capped at three times compensatory damages or $500,000 under §768.73

In medical malpractice, non-economic damages are generally capped at $500,000 per claimant, although recent Florida Supreme Court decisions have limited certain caps. Consult an attorney for the latest precedent.

Common Types of Personal Injury Cases in Florida

1. Car and Truck Accidents

Auto collisions remain Jacksonville’s leading cause of accidental injury. To prevail, you must prove: (1) duty of care; (2) breach; (3) causation; (4) damages. Police reports, dash-cam footage, black-box data, and expert accident reconstruction help establish fault.

2. Slip-and-Fall or Trip-and-Fall

Florida’s premises liability law, §768.0755, requires a plaintiff to show the business had actual or constructive notice of a dangerous condition and failed to remedy it. Store surveillance videos, incident reports, and witness statements can be critical.

3. Boating Accidents

With the Intracoastal Waterway and Atlantic coast, Jacksonville sees frequent boating injuries. Operators must follow Chapter 327, Florida Statutes, governing vessel safety. Victims can sue for negligence, unseaworthiness, or product defect.

4. Workplace Injuries

Most employees are covered by workers’ compensation (Chapter 440). However, third-party claims against negligent contractors or defective equipment manufacturers may provide additional recovery beyond workers’ comp benefits.

5. Defective Products

Florida recognizes strict liability for manufacturing, design, and warning defects. The two-year statute applies. Preserve the product, manuals, and receipts.

6. Wrongful Death

Under §768.19, the personal representative of the estate may file suit on behalf of survivors. Damages include lost support, companionship, and mental pain and suffering.

Florida Legal Protections & Recent Court Rulings

Key Statutes Every Claimant Should Know

• §95.11 – Statute of limitations

• §627.736 – PIP benefits

• §768.81 – Comparative fault

• §768.72 – Pleading punitive damages

• §440 – Workers’ compensation exclusive remedy

Notable Florida Supreme Court Decisions

• Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014) – struck down certain medical-malpractice caps as unconstitutional.

• Sebastian Inlet v. North Beach, 118 So. 3d 876 (Fla. 2013) – clarified sovereign immunity and pre-suit notice requirements.

These rulings illustrate Florida’s evolving legal landscape—another reason to consult a seasoned personal injury lawyer Florida claimants trust.

Steps to Take Immediately After an Injury in Jacksonville

1. Seek Medical Attention Within 14 Days

PIP pays only if you treat within 14 days post-crash. Even if you feel “okay,” soft-tissue injuries may surface later. Medical records create the paper trail insurers require.

2. Report the Incident

• **Traffic crashes **—Call JSO or Florida Highway Patrol; file Form HSMV 90011S if police don’t investigate.

• **Slip-and-falls **—Notify store management; request a copy of the incident report.

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

3. Collect and Preserve Evidence

• Photograph the scene from multiple angles.

• Get contact information for witnesses.

• Save damaged products, torn clothing, and vehicle parts.

• Keep a pain diary documenting daily symptoms.

4. Notify Insurance Companies Carefully

Florida insurers often request recorded statements. Provide only basic facts until you have legal counsel. Anything you say can be used to allocate fault under the comparative negligence rule.

5. Calculate Your Damages

Tally medical bills, prescriptions, future surgeries, lost income, diminished earning capacity, and non-economic losses such as PTSD or disfigurement. A qualified Jacksonville accident attorney can obtain expert life-care planners and economists to substantiate high-value claims.

6. Mind the Deadlines

• **Two years **—General negligence and wrongful death

• **Four years **—Property damage

• **Notice requirements **—Six months pre-suit notice in medical malpractice; three-year sovereign immunity notice for government defendants

Missing any clock can erase your rights.

When to Seek Legal Help in Florida

While you may handle a minor PIP claim alone, call an attorney if:

• Your injuries exceed $10,000 or involve fractures, surgery, or permanent impairment.

• Liability is disputed or multiple parties are involved (e.g., multi-car pileups on I-95).

• An insurer delays, denies, or makes a lowball offer.

• You face comparative fault allegations above 50%.

• The at-fault party is a government agency requiring strict notice rules.

Louis Law Group leverages decades of Florida litigation experience, bilingual staff, and an extensive network of medical experts to maximize your recovery. Our no-fee-unless-we-win policy aligns our interests with yours.

Local Resources & Next Steps

Essential Jacksonville Contacts

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Crash reports and insurance compliance Florida Department of Financial Services (DFS) – Consumer insurance complaints

• Duval County Clerk of Courts – File civil lawsuits at 501 W. Adams St., Jacksonville, FL 32202

Jacksonville Area Legal Aid – Free or low-cost legal assistance for qualifying residents

Your Action Plan

• Get medical care and follow treatment plans strictly.

• Document every expense and symptom.

• Avoid discussing the accident on social media.

• Consult a skilled injury lawyer near me before the statute of limitations expires.

Ready to protect your rights? If you or a loved one has been hurt in the Jacksonville area, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. We fight to secure the maximum compensation Florida law allows—so you can focus on healing.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for advice on your specific situation.