Marathon, Florida Personal Injury Rights Guide

Introduction: Why This Guide Matters to Marathon Injury Victims

Marathon, Florida sits midway along the scenic Overseas Highway (U.S.-1). The same road that brings thousands of tourists to the Middle Keys each year is also a major corridor for commercial trucks, ride-share vehicles, and local traffic. According to the Florida Department of Highway Safety and Motor Vehicles Crash Facts, Monroe County reported more than 1,500 traffic crashes in 2022 alone. Add popular boating excursions, fishing charters, and hurricane-related cleanup work, and it becomes clear why accidental injuries are common in Marathon. This comprehensive guide—written with a slight bias toward protecting victims—explains your rights, duties, and practical steps under Florida personal injury law. We rely exclusively on authoritative sources such as the Florida Statutes, Florida Rules of Civil Procedure, Florida Bar regulations, and published Florida court opinions. Whether you were hurt in a car wreck near the Seven Mile Bridge, slipped on a wet dock at Boot Key Harbor, or suffered injuries while visiting Curry Hammock State Park, understanding the legal landscape will help you pursue fair compensation.

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Understanding Your Personal Injury Rights in Florida

Fault, Negligence, and Duty of Care

Florida recognizes negligence when a person or entity breaches a legal duty, causing damages to another. If a driver texts while traveling across the Vaca Cut Bridge and rear-ends your vehicle, that act likely breaches the duty to operate a motor vehicle with reasonable care. Victims may claim damages such as medical expenses, lost wages, and pain and suffering under Chapter 768, Florida Statutes.

Comparative Negligence Standard

As amended by House Bill 837 in 2023, Fla. Stat. § 768.81(6) adopts a modified comparative negligence rule. You may recover damages only if you are 50% or less at fault. For example, if a Key Colony Beach jury finds you 40% responsible for speeding but the defendant 60% liable for an unsafe lane change, your recovery is reduced by 40%. If your fault exceeds 50%, you collect nothing (medical malpractice claims are currently exempt).

Statute of Limitations

• General Negligence: Two years from the date of the incident for causes of action accruing on or after March 24, 2023 (Fla. Stat. § 95.11(4)(a)).

• Medical Malpractice: Two years from discovery but not more than four years after the act (Fla. Stat. § 95.11(4)(b)).

• Wrongful Death: Two years (Fla. Stat. § 95.11(4)(d)).

• Claims filed after the deadline are almost always dismissed, so act promptly.

Common Types of Personal Injury Cases in Marathon

1. Motor-Vehicle and Motorcycle Crashes

The Overseas Highway features narrow bridges and limited shoulders, increasing crash severity. Local traffic reports show a disproportionate number of motorcycle accidents due to scenic rides and high tourist traffic.

2. Boating and Jet-Ski Collisions

Monroe County historically records more boating accidents than any other Florida county, according to the Florida Fish and Wildlife Conservation Commission annual reports. Victims must often navigate federal Admiralty rules as well as Florida state negligence law.

3. Slip-and-Fall Incidents

Wet docks, resort pool decks, and grocery stores along Overseas Highway cause numerous falls. Liability is governed by Fla. Stat. § 768.0755 for transitory foreign substances in business establishments.

4. Hurricane-Related Injuries

Cleanup operations after tropical storms often lead to ladder falls, electrocutions, and debris-related injuries. Property owners and contractors may face premises liability or workplace safety claims.

5. Medical Malpractice

With Fishermen’s Community Hospital now fully rebuilt, local healthcare services are on the rise. Misdiagnosis, surgical errors, and birth injuries remain actionable under Chapters 766 and 768 of the Florida Statutes.

Florida Legal Protections & Injury Laws Every Victim Should Know

Personal Injury Protection (PIP) and No-Fault Insurance

All Florida drivers must carry at least $10,000 in Personal Injury Protection under Fla. Stat. § 627.736. PIP pays 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, if initial treatment occurs within 14 days.

Threshold for Suing Beyond PIP

To file a liability claim for pain and suffering after an auto crash, you must prove a “significant and permanent” injury under Fla. Stat. § 627.737(2).

Caps on Damages

Florida currently imposes no statutory cap on economic or non-economic damages in standard negligence actions. The Florida Supreme Court struck down medical malpractice non-economic damage caps in North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017).

Punitive Damages

Punitive awards are limited to the greater of three times compensatory damages or $500,000 under Fla. Stat. § 768.73, unless the defendant acted with specific intent or was under the influence.

Attorney Licensing Requirements

Any marathon accident attorney representing you in state court must be an active member of the Florida Bar and comply with the Rules Regulating the Florida Bar, including trust-account safeguards (Rule 5-1.2) and contingency-fee limitations (Rule 4-1.5(f)).

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Attention

Visit Fishermen’s Community Hospital, Mariners Hospital in Tavernier, or the nearest urgent care. Timely records protect your health and preserve evidence for a florida injury compensation claim.

2. Notify Law Enforcement or Property Owner

• Auto crashes: Call Monroe County Sheriff’s Office or Florida Highway Patrol (required when injuries occur under Fla. Stat. § 316.065).

• Premises accidents: Request an incident report from the resort or store manager.

3. Gather Evidence

• Photograph vehicle damage, potholes, wet floors, or defective products.

• Secure names of witnesses and their contact information.

• Save all medical bills, pharmacy receipts, and mileage logs.

4. Notify Insurance Carriers Promptly

Most auto policies require notice “as soon as practicable.” Failure to comply may trigger a coverage denial under policy language approved by the Florida Office of Insurance Regulation.

5. Avoid Recorded Statements Without Counsel

Insurance adjusters often request recorded statements shortly after an incident. Politely decline until you consult a personal injury lawyer marathon florida.

6. Track Time Limits

Mark the two-year statute of limitations on your calendar. If a government entity is involved (e.g., City of Marathon), you must also follow pre-suit notice requirements under Fla. Stat. § 768.28(6).

When to Seek Legal Help in Florida

Indicators You Need an Attorney

• Liability is disputed or both parties received citations.

• Medical bills exceed PIP coverage.

• You suffered permanent scarring, disability, or lost earning capacity.

• The at-fault driver carried minimal or no bodily-injury insurance.

• An insurer offers a quick settlement before you complete treatment.

Contingency-Fee Agreements Under Florida Bar Rules

Most personal injury lawyers work on contingency, capped at 33⅓% of the first $1 million if no lawsuit is filed (Rule 4-1.5(f)(4)(A)). All fee contracts must be in writing and include the client’s Statement of Client’s Rights.

Litigation Process Overview

• Pre-Suit Investigation: Gathering medical records and accident reconstructions.

Complaint: Filed in Monroe County Circuit Court for claims exceeding $50,000. Governed by the Florida Rules of Civil Procedure.

• Discovery: Interrogatories, depositions, independent medical exams (Rule 1.360).

• Mediation: Mandatory under Monroe County Administrative Order; most cases settle here.

• Trial: Jury decides fault and damages if mediation fails.

Local Resources & Next Steps for Marathon Residents

Medical Facilities

• Fishermen’s Community Hospital – 3301 Overseas Hwy, Marathon, FL 33050.

• Lower Keys Medical Center – 5900 College Rd, Key West, FL 33040.

• Monroe County Department of Health – 3333 Overseas Hwy, Marathon.

Government & Legal Offices

• Monroe County Clerk of Court – 3117 Overseas Hwy, Marathon (file civil cases & obtain records).

• Monroe County Sheriff’s Office – 3103 Overseas Hwy, Marathon (crash reports).

• Florida Bar Lawyer Referral Service – 800-342-8011.

Support Organizations

Florida Department of Health – Injury-prevention programs and trauma data.

• Trauma Star Helicopter Ambulance – Joint program by Monroe County Fire Rescue and Sheriff’s Office.

Your Next Move

After an injury, you have the right to pursue florida injury compensation. Because deadlines are strict and insurers are profit-driven, consulting a knowledgeable marathon accident attorney early can preserve evidence and maximize recovery.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws can change, and application of the law depends on specific facts. Consult a licensed Florida attorney regarding your individual situation.

Call to Action

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.