Personal Injury Guide for St. Augustine, Florida

Introduction: Why St. Augustine Residents Need a Local Personal Injury Guide

St. Augustine is America’s oldest continuously inhabited city, welcoming more than six million visitors a year to its historic district, Atlantic beaches, and major roadways such as U.S. 1, State Road A1A, and Interstate 95. While tourism fuels the local economy, it also increases crash risk on congested corridors like the Bridge of Lions and the narrow, pedestrian-heavy streets around St. George Street. Add seasonal hurricanes and a growing population in St. Johns County, and the chances of sustaining a personal injury—whether from a traffic collision, slip and fall, or boating accident—rise considerably.

If you were hurt in or near St. Augustine, understanding Florida’s personal injury framework is essential. This guide explains your rights, crucial statutes such as Florida Statutes §95.11 (statute of limitations) and Chapter 768 (negligence, damages, and sovereign immunity), and the steps you should take to protect your claim. Although we slightly emphasize the injury victim’s perspective, every statement is grounded in authoritative sources, including Florida law, published court opinions, and rules of procedure.

Understanding Your Personal Injury Rights in Florida

Florida’s Statute of Limitations

Under Florida Statutes §95.11(3)(a), most negligence-based personal injury claims must be filed within two (2) years of the date of injury (the Legislature shortened the deadline from four years in 2023). Filing after this period generally bars recovery, although limited exceptions (such as the discovery rule in medical malpractice, §95.11(4)(b)) may apply.

Comparative Negligence Standard

Florida follows a modified comparative negligence framework (§768.81). If you, the plaintiff, are found to be more than 50% at fault, you cannot recover damages. If you are 50% or less at fault, your damages are reduced proportionally. Example: A St. Augustine jury awards $100,000 but finds you 30% responsible for running a stop sign on U.S. 1; your net award becomes $70,000.

No-Fault Insurance versus Liability Claims

Florida requires every motorist to carry at least $10,000 in Personal Injury Protection (PIP) under Florida Statutes §627.736. PIP pays 80% of medical bills and 60% of lost wages up to the limit, regardless of fault, but only if treatment begins within 14 days. Severe injuries that meet the statutory “serious injury threshold” (§627.737)—significant and permanent loss of an important bodily function, permanent injury, significant scarring, or death—allow victims to sue the at-fault driver for pain and suffering beyond PIP.

Right to Jury Trial and Damages

The Florida Constitution (Art. I, §22) guarantees a civil jury trial. Available damages can include:

• Economic damages: medical expenses, rehabilitation, lost wages, household services.

• Non-economic damages: pain, suffering, mental anguish, loss of enjoyment of life.

• Punitive damages (§768.72): awarded only on clear and convincing evidence of intentional misconduct or gross negligence and generally capped at three times compensatory damages or $500,000, whichever is greater.

Common Types of Personal Injury Cases in St. Augustine and Florida

Motor Vehicle Collisions

Florida Highway Safety and Motor Vehicles (FLHSMV) recorded 2,051 crashes in St. Johns County in 2023, including 26 fatalities. Key local risk factors include heavy tourist traffic on State Road A1A and frequent rear-end collisions at the intersection of King Street and U.S. 1.

Slip, Trip, and Fall Incidents

Historic coquina sidewalks and uneven pavers around Castillo de San Marcos pose hazards. Under §768.0755, a business owner is liable for a transitory foreign substance if it had actual or constructive knowledge and should have taken action.

Boating and Watercraft Accidents

The Matanzas River and Intracoastal Waterway are popular recreation spots. The Florida Fish and Wildlife Conservation Commission reports that Florida leads the nation in boating accidents. Operators owe a duty of care similar to motorists; violations of navigation rules can establish negligence per se.

Premises Liability & Negligent Security

Hotels on Anastasia Island and retail centers like St. Augustine Premium Outlets must implement reasonable security measures. When criminal assaults are foreseeable, property owners may be liable for resulting injuries (McCain v. Florida Power Corp., 593 So. 2d 500, Fla. 1992).

Dog Bites

Florida imposes strict liability for dog bites under §767.04, regardless of the animal’s prior viciousness. Comparative negligence (provocation, trespass) can reduce recovery.

Florida Legal Protections & Injury Laws

Key Florida Statutes That Safeguard Victims

• §768.28: Waives sovereign immunity for negligent acts of state or local government up to $200,000 per person/$300,000 per incident unless the Legislature authorizes more.

• §768.20: Wrongful death actions may be brought by the personal representative for the benefit of survivors and the estate.

• §90.401–§90.804: Florida Evidence Code governs admissibility of medical bills, lost wage documentation, and expert testimony.

Florida Rules of Civil Procedure

Personal injury lawsuits are governed by the Florida Rules of Civil Procedure. Notable provisions include:

• Rule 1.260: Substitution of parties in the event of death.

• Rule 1.280: Discovery scope; proportionality and limitations protect victims from overbroad defense requests.

• Rule 1.510: Summary judgment standard, aligned with federal practice in 2021 (In re Amendments to Rule 1.510, 317 So. 3d 72).

Medical Lien and Subrogation Laws

Hospitals such as UF Health Flagler Hospital may assert liens for treatment but must comply with St. Johns County lien ordinances and notice requirements. Medicaid and health insurers may seek subrogation, but Engle Settlement principles and §409.910 limit reimbursement to the net recovery portion attributable to medical expenses.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Visit an emergency department or urgent care within 14 days to preserve PIP benefits (§627.736(1)(a)). UF Health Flagler Hospital (400 Health Park Blvd.) and CareFast + clinics in St. Johns County provide trauma services.

2. Document the Scene

• Photograph vehicle positions on SR-A1A or sidewalk defects near St. George Street.

• Collect witness names, phone numbers, and driver exchange forms (HSMV 90011S).

• For boating injuries, file a Florida Boating Accident Report with FWC within 48 hours.

3. Preserve Evidence

Florida courts recognize spoliation claims (Golden Yachts, Inc. v. Hall, 920 So. 2d 777). Maintain damaged property, dash cam footage, and medical records.

4. Notify Insurers but Limit Recorded Statements

PIP requires notice “as soon as practicable,” yet insurers frequently mine recorded statements for admissions. Provide only essential facts until you consult counsel.

5. Calculate Damages Methodically

Track all treatment at facilities like St. Augustine Orthopedics, mileage to appointments, employer wage records, and out-of-pocket costs. Florida courts permit graph or chart summaries under §90.956.

6. Stay Off Social Media

Posts depicting physical activity can be discoverable (Nucci v. Target Corp., 162 So. 3d 146, Fla. 4th DCA 2015>), undermining pain and suffering claims.

When to Seek Legal Help in Florida

Severity of Injury

Catastrophic injuries—spinal cord damage, traumatic brain injury—often exceed PIP limits and lifetime health coverage. An experienced personal injury lawyer St. Augustine Florida can coordinate life-care planners and economists.

Liability Disputes

If the at-fault driver accuses you of texting on King Street, timely retention of cell-tower data and expert accident reconstruction becomes vital.

Complex Insurance Issues

Stacked versus unstacked uninsured motorist (UM) policies, health insurance ERISA liens, and sovereign liability caps warrant professional guidance.

Florida attorneys must be licensed by the Florida Bar, adhere to the Rules Regulating the Florida Bar, and maintain trust accounts under Rule 5-1.1.

Local Resources & Next Steps

FLHSMV Crash Report Portal – order certified crash reports. UF Health Flagler Hospital – main trauma-capable facility in St. Augustine. St. Johns County Clerk of Courts – file civil actions exceeding $8,000 in the Seventh Judicial Circuit.

Most reputable St. Augustine accident attorney firms operate on contingency fees regulated by Rule 4-1.5(f)(4)(B) (33⅓% pre-suit up to $1 million).

Legal Disclaimer

This content is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Consult a licensed Florida attorney for advice regarding your situation.

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.