Personal Injury Guide for Victims | Fort Lauderdale, Florida

Introduction: Why a Fort Lauderdale-Focused Guide Matters

Fort Lauderdale’s bustling roadways such as Broward Boulevard, Federal Highway (U.S. 1), and the I-95 corridor see heavy commuter, tourist, and commercial traffic year-round. According to Florida Department of Highway Safety and Motor Vehicles (FLHSMV) crash statistics, Broward County consistently ranks among the top three Florida counties for annual traffic collisions. Add boating accidents on the Intracoastal Waterway, cruise-ship day excursions from Port Everglades, and the heavy biking and pedestrian activity along A1A, and it becomes clear why residents and visitors in Fort Lauderdale need a location-specific personal injury lawyer Fort Lauderdale Florida guide. The following information is designed to help injury victims understand their rights under Florida law, comply with critical filing deadlines, and make informed decisions about medical care and legal representation.

Understanding Your Personal Injury Rights in Florida

Negligence and the Right to Compensation

Florida follows the legal theory of negligence for most personal injury cases. An injured person (the plaintiff) must prove the defendant owed a duty of care, breached that duty, and caused damages. If successful, the plaintiff may recover compensatory damages, including economic losses (medical bills, lost wages) and noneconomic losses (pain and suffering).

Florida’s Pure Comparative Negligence Standard

Under Florida Statutes §768.81, the state adheres to pure comparative negligence. This means a plaintiff can recover damages even if partially at fault; however, the award is reduced by the plaintiff’s percentage of fault. For example, if you suffer $100,000 in losses but are found 30% at fault for a Fort Lauderdale motorcycle crash, you can still recover $70,000. Understanding this rule is crucial because insurance adjusters often attempt to inflate a claimant’s fault percentage to reduce payouts.

Statute of Limitations

Florida sets strict filing deadlines under Florida Statutes §95.11(3)(a) for general negligence (including most personal injury claims). Victims typically have two years from the date of the accident to file a lawsuit in civil court (reduced from four years for accidents occurring after March 24, 2023). Medical malpractice claims carry a two-year deadline from discovery, subject to a four-year statute of repose. Missing these deadlines almost always results in losing your right to compensation.

Common Types of Personal Injury Cases in Florida

Motor Vehicle Collisions

Car, truck, motorcycle, bicycle, and pedestrian accidents dominate Broward County court dockets. Florida’s No-Fault system, codified in Florida Statutes §627.736 (Personal Injury Protection, or PIP), requires each motorist to carry at least $10,000 in PIP coverage. PIP pays 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, up to the policy limit. However, you may pursue additional damages from an at-fault driver if you sustain a “serious injury” as defined in §627.737, including permanent injury, significant scarring, or death.

Premises Liability (Slip, Trip & Fall)

Fort Lauderdale’s hotels, restaurants, and beachfront properties create countless opportunities for slips and falls. Under Florida Statutes §768.0755, an injured person in a business establishment must prove the owner had actual or constructive knowledge of a dangerous condition and failed to correct it.

Boating & Maritime Accidents

The city’s nickname—“Venice of America”—comes with risks. Collisions on the New River, rental jet ski accidents, and harbor worker injuries at Port Everglades are common. Claims may involve a mix of state tort law, federal maritime statutes such as the Jones Act for seamen, and U.S. Coast Guard regulations.

Product Liability

Defective e-scooters, recalled auto parts, and unsafe household products can cause serious harm. Florida recognizes strict liability, negligence, and breach of warranty theories when a defective product causes injury.

Medical Malpractice

Facilities like Broward Health Medical Center, Holy Cross Health, and HCA Florida University Hospital serve thousands. If negligence—such as a surgical error or misdiagnosis—occurs, Florida Statutes Chapter 766 sets forth pre-suit notice, expert verifier affidavits, and a two-year statute of limitations.

Florida Legal Protections & Injury Laws

Key Statutes to Know

• Florida Statutes Chapter 768 (Civil Liability) – Governs negligence actions, immunity defenses, and damages caps for certain government entities.

• Florida Statutes §627.737 – Defines “serious injury” threshold for stepping outside the PIP no-fault system.

• Florida Statutes §768.28 – Sets sovereign immunity limits when suing state or local government entities (e.g., Broward County Transit bus accident claims).

• Florida Rules of Civil Procedure – Outline pleading requirements, discovery, and trial procedures in state courts, including the Seventeenth Judicial Circuit in and for Broward County.

Damages Available

• Economic damages: Past and future medical bills, rehabilitation, lost earnings, diminished earning capacity, and property damage.

• Noneconomic damages: Pain and suffering, mental anguish, loss of consortium.

• Punitive damages: Available under §768.72 when defendant’s conduct is intentional or grossly negligent; capped at three times compensatory damages or $500,000 in most cases.

Insurance Bad Faith Protections

Florida recognizes first-party and third-party bad faith, allowing victims to sue insurers that fail to settle claims in good faith (Florida Statutes §624.155). This is critical after high-value Fort Lauderdale accidents where policy limits may be exhausted quickly.

Steps to Take After a Personal Injury in Florida

Seek Immediate Medical Attention Delays undermine both health and legal claims. Broward Health Medical Center and Holy Cross Health offer 24/7 emergency care. Under PIP rules, crash victims must obtain treatment within 14 days to preserve benefits. Document Everything Photograph the scene, property damage, and injuries. Collect witness names, obtain the police crash report (Form HSMV 90010S), and keep medical receipts. Notify Insurance Most auto policies require prompt notice. Provide factual information only; avoid recorded statements before consulting counsel. Track Expenses and Symptoms Maintain a journal of pain levels, missed work, and daily limitations to support noneconomic damage claims. Consult a Qualified Attorney Early legal guidance ensures preservation of evidence, compliance with statutory deadlines, and negotiation leverage.

When to Seek Legal Help in Florida

Red Flags That Demand Counsel

• Severe or permanent injuries exceeding PIP limits.

• Disputed liability or comparative fault issues.

• Insurance company delays, lowball offers, or policy rescissions.

• Injuries on public property triggering sovereign immunity complexities.

• Accidents involving commercial vehicles or maritime rules.

Attorney Qualifications and Licensing

Under Chapter 4, Rules Regulating the Florida Bar, only lawyers in good standing with the Florida Bar may represent clients in state courts. Always verify a Fort Lauderdale accident attorney’s status via the Bar’s public online database.

Fee Arrangements

Most Florida personal injury attorneys operate on contingency (typically 33 1/3% to 40% of recovery) as regulated by Rule 4-1.5(f) of the Florida Bar. A written agreement is required.

Local Resources & Next Steps

Broward County Courts and Agencies

• Seventeenth Judicial Circuit Court – Main courthouse: 201 S.E. 6th Street, Fort Lauderdale, FL 33301.

• Broward County Clerk of Courts – Online access to civil dockets and e-filing for self-represented litigants.

• Fort Lauderdale Police Department Records Unit – Obtain crash and incident reports.

Medical & Rehabilitation Facilities

• Broward Health Medical Center – Level I trauma center.

• Holy Cross Health – Renowned orthopedic and neurological rehab.

• Florida Spine Specialists and Broward Rehabilitation Institute – Outpatient therapy for soft-tissue and spinal injuries.

Support Organizations

• Florida Department of Health – Injury prevention programs and public health data.

• United Way of Broward County – Financial assistance and counseling resources.

• Victim Services Unit, Broward Sheriff’s Office – Crisis counseling and compensation aid.

Authoritative References

Florida Statutes §768.81 – Comparative Fault Florida Statutes §95.11 – Limitations of Actions FLHSMV Crash Data & Reports Florida Bar – Lawyer Directory

Legal Disclaimer

This material is for informational purposes only and does not constitute legal advice. Laws change frequently, and application varies by facts. Consult a licensed Florida attorney for advice regarding your specific 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.