Personal Injury Guide for Marathon, Florida Victims

Introduction: Why This Guide Matters to Marathon Residents

Nestled halfway between Key Largo and Key West, Marathon, Florida is known for its fishing charters, the Dolphin Research Center, and the iconic Seven Mile Bridge that carries U.S. 1 through the Florida Keys. The same picturesque setting, however, also presents unique personal injury risks—from high-speed crashes on narrow causeways to boating accidents in crowded channels. Because medical facilities are limited to Fishermen’s Community Hospital and transfer by air or ground can be delayed by weather, injury victims in Marathon face special logistical and legal challenges. This evidence-based guide explains your rights under Florida personal injury law, outlines the legal procedures that apply statewide, and highlights local resources to help you protect your health and your claim. While the information slightly favors injury victims, it remains strictly factual and supported by authoritative sources.

Understanding Your Personal Injury Rights in Florida

Florida’s Definition of a Personal Injury Claim

Under Florida law, a personal injury claim arises when someone suffers bodily harm because another party breached a legal duty of care. Whether the harm results from an auto collision on Overseas Highway, a slip and fall at a Marathon resort, or negligent boat operation in Boot Key Harbor, the injured party (plaintiff) may pursue compensation for medical bills, lost wages, and pain and suffering.

Statute of Limitations

Florida Statutes section 95.11(3)(a) generally provides a four-year statute of limitations for negligence-based personal injury suits. If your claim involves medical malpractice, the period is two years under §95.11(4)(b), and wrongful death claims must be filed within two years under §95.11(4)(d). Missing these deadlines almost always bars recovery, so prompt action is essential.

Comparative Negligence

Florida applies a modified comparative negligence system codified in Florida Statutes §768.81 (amended 2023). If the plaintiff is found to be more than 50% at fault, recovery is barred; otherwise, damages are reduced by the plaintiff’s percentage of fault. For example, if you are deemed 30% responsible for a crash on the Seven Mile Bridge and your damages total $100,000, you can still recover $70,000.

No-Fault Auto Insurance Basics

Florida’s No-Fault Insurance Law (Florida Statutes §627.736) requires drivers to carry Personal Injury Protection (PIP) coverage of at least $10,000. After a Marathon car accident, your own PIP insurer must pay up to 80% of reasonable medical expenses and 60% of lost wages regardless of fault, but only if you seek treatment within 14 days (Florida Statutes §627.736(1)(a)). You can exit the no-fault system and sue the at-fault driver in tort if you meet the “serious injury” threshold outlined in §627.737, such as significant and permanent loss of an important bodily function.

Common Types of Personal Injury Cases in Marathon and Statewide

Motor Vehicle Collisions on U.S. 1

The Overseas Highway is the only roadway connecting the Middle Keys to the mainland, and it becomes heavily congested during tourist season. According to the Florida Department of Highway Safety and Motor Vehicles 2023 crash dashboard, Monroe County reported more than 1,300 traffic crashes, many occurring near Marathon. Limited shoulders and frequent passing zones heighten the risk of head-on collisions.

Boating and Watercraft Injuries

With marinas lining the Gulf of Mexico and Atlantic Ocean sides, boating mishaps are common. Victims may sue boat operators for violating navigational rules or Florida Fish and Wildlife Conservation Commission regulations when negligence causes capsizing, propeller injuries, or collisions.

Premises Liability at Resorts and Vacation Rentals

Slip and falls around hotel pools, deck collapses at rental homes, and negligent security incidents can all support premises liability actions. Property owners owe a duty to maintain reasonably safe conditions and warn of hidden dangers under Florida case law such as Wood v. Camp, 284 So.2d 691 (Fla. 1973).

Bicycle and Pedestrian Accidents

The Florida Keys Overseas Heritage Trail attracts cyclists and pedestrians, but narrow shoulders and distracted drivers create hazards. Victims may pursue claims against motorists and, in some cases, local entities if roadway maintenance contributed to the crash, subject to sovereign immunity caps in §768.28.

Hurricane-Related Negligence

After storms like Hurricane Irma, property owners and contractors are responsible for safe debris removal and repairs. Failure to follow building codes or secure construction sites can lead to injury claims.

Florida Legal Protections & Injury Laws

Duty of Care and Negligence Elements

To succeed in a Florida negligence claim, the plaintiff must prove:

• Duty – Defendant owed a legal duty (e.g., drivers must obey traffic laws).

• Breach – Defendant violated that duty.

• Causation – The breach caused the injury (both cause-in-fact and proximate cause).

• Damages – Plaintiff suffered legally compensable harm.

Damages Available

• Economic damages – Medical bills, future treatment, lost earnings, property damage.

• Non-economic damages – Pain, suffering, loss of enjoyment of life.

• Punitive damages – Allowed under §768.72 when misconduct is intentional or grossly negligent, capped at the greater of three times compensatory damages or $500,000 (with some exceptions).

Insurance Bad Faith

If an insurer unreasonably delays or denies payment, Florida Statutes §624.155 allows policyholders to bring a first-party bad-faith claim after a civil remedy notice. Marathon residents relying on PIP or homeowners’ coverage after an injury should track all insurer communications.

Attorney Fees and Contingent Representation

Under Florida Rule of Professional Conduct 4-1.5(f), personal injury lawyers typically charge contingency fees capped at one-third (33⅓%) of recoveries up to $1 million before filing suit, and 40% after filing. Written fee agreements are required.

Steps to Take After a Personal Injury in Florida

1. Seek Medical Attention Immediately

Visit Fishermen’s Community Hospital (123 00 Overseas Hwy) or call 911 for EMS transport. Prompt documentation satisfies PIP’s 14-day treatment requirement and serves as crucial evidence.

2. Preserve Evidence

Use your phone to photograph the accident scene, weather conditions, and any hazardous defects. For vehicle crashes, obtain the Florida Traffic Crash Report from the Monroe County Sheriff’s Office.

3. Report the Incident

• Car accidents – Notify the Florida Highway Patrol or local police per §316.065.

• Boating accidents – Report to the U.S. Coast Guard or Florida Fish and Wildlife Conservation Commission if injuries exceed $2,000 or someone disappears.

• Premises injuries – File an incident report with the property manager.

4. Avoid Recorded Statements Without Counsel

Insurance adjusters may request a recorded statement within 24 hours. You are not legally obligated to provide one absent a policy requirement, and you have the right to consult counsel first.

5. Comply with Medical Treatment Plans

Gaping in treatment allows insurers to argue that your injuries healed or were minor. Follow up with specialists at mainland facilities such as Baptist Health South Florida if referrals are made.

6. Track Expenses and Lost Wages

Maintain copies of medical bills, pharmacy receipts, out-of-pocket travel costs (tolls on Card Sound Road or fuel for rides to Miami trauma centers), and employer verification of missed work.

7. Consult a Qualified Personal Injury Lawyer

Florida Bar-licensed attorneys can explain statutes, negotiate with insurers, and, if necessary, file suit in the Sixteenth Judicial Circuit Court in Marathon (3117 Overseas Hwy, Marathon, FL 33050).

When to Seek Legal Help in Florida

Severity of Injuries

If you have fractures, traumatic brain injury, or permanent scarring, the financial stakes escalate. An experienced personal injury lawyer marathon florida can accurately value future medical needs by consulting life-care planners and economists.

Disputed Liability

Comparative negligence arguments often arise in rear-end collisions where the defendant claims a sudden stop or in multi-boat accidents in Vaca Cut. Legal counsel can secure surveillance footage, witness statements, and expert accident reconstruction.

Insurance Coverage Issues

Florida’s minimum bodily injury limits ($0) mean many tourists driving rental cars are underinsured. An attorney can pursue uninsured/underinsured motorist (UM/UIM) benefits or identify additional defendants such as rental agencies under the federal Graves Amendment exceptions.

Government Entities

If your injury involved a Monroe County bus or unsafe roadway design, Florida Statutes §768.28 requires pre-suit notices and caps damages at $200,000 per person ($300,000 per incident). Legal assistance is vital to navigate these procedural hurdles.

Local Resources & Next Steps

Medical Facilities

• Fishermen’s Community Hospital (affiliated with Baptist Health) – 305-434-1000

• Air ambulance services – TraumaStar Monroe County Sheriff’s Office

• Lower Keys Medical Center (Stock Island) – for specialized care

Court and Government Offices

• Monroe County Clerk of Court – 3117 Overseas Hwy, Marathon

• Florida Highway Patrol Troop E – Crash reports and citations

• Florida Fish and Wildlife Conservation Commission – Boating accident records

Consumer Information

Florida Department of Financial Services Consumer Helpline Florida Bar: Hiring a Lawyer FLHSMV Traffic Crash Reports

Checklist Before Calling a Lawyer

• Confirm date, time, and location of incident.

• Gather medical records and bills.

• Photocopy insurance policies (auto, health, homeowners, marine).

• List witness contact information.

• Prepare a timeline of events and ongoing symptoms.

Legal Disclaimer

This guide provides general information about Florida personal injury law and is not legal advice. Laws change, and every case is different. Always consult a licensed Florida attorney about your specific circumstances.

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.