Personal Injury Guide for Victims in Key West, Florida

Introduction: Personal Injury in Key West, Florida

Sun-washed streets, legendary Duval Street nightlife, and year-round tourism make Key West a uniquely vibrant corner of Florida. Those same qualities, however, also create circumstances where residents, seasonal workers, and visitors are injured every year in traffic crashes on U.S. 1, bicycle collisions on Whitehead Street, boating mishaps around the Florida Straits, and slip-and-fall incidents in local resorts. According to the latest Florida Department of Highway Safety & Motor Vehicles crash facts, Monroe County recorded more than 1,200 traffic collisions in a recent year—an outsized number for a county of roughly 82,000 residents. When injuries happen, victims often search online for a “personal injury lawyer Key West Florida” to understand their rights, medical options, and potential compensation. This comprehensive guide draws exclusively from authoritative Florida legal sources to explain what you must know after an accident in the Southern-most city of the continental United States.

Understanding Your Personal Injury Rights in Florida

Fault, Insurance, and the Statute of Limitations

Florida follows a pure comparative negligence model codified at Florida Statutes § 768.81. This means that an injured person’s damages are reduced only by their percentage of fault—no threshold bars recovery. Even if you were 80 % at fault in a scooter crash on Truman Avenue, you could still recover 20 % of your losses from the other responsible party.

The general statute of limitations for negligence-based personal injury lawsuits is two years from the date of injury under Florida Statutes § 95.11(4)(a) (reduced from four years for accidents occurring on or after March 24, 2023). Missing this deadline usually ends the claim, so calendaring becomes critical.

No-Fault (PIP) Basics

Auto collisions trigger Florida’s No-Fault Insurance Law, Florida Statutes §§ 627.730–627.7405. Every owner of a motor vehicle registered in Florida must carry $10,000 in Personal Injury Protection (PIP). PIP pays 80 % of reasonable medical expenses and 60 % of lost wages, regardless of fault, provided you receive initial treatment within 14 days.

Right to Sue Beyond PIP

You may pursue the at-fault driver if you suffer a “significant and permanent” injury, permanent disfigurement, or death (see § 627.737). These threshold injuries frequently arise in motorcycle crashes on the Overseas Highway and in pedestrian knock-downs near Mallory Square.

Common Types of Personal Injury Cases in Key West

Motor-Vehicle Crashes

• Car accidents. Peak tourist seasons see congested US-1 chokepoints. Alcohol-related crashes remain a local threat.

• Motorcycle and scooter collisions. Rental scooters are ubiquitous; lack of local road familiarity often contributes to side-swipes on Roosevelt Blvd.

• Bicycle and pedestrian injuries. Duval Street’s heavy foot traffic increases right-of-way conflicts.

Maritime & Boating Injuries

Key West’s charter fishing trips, parasailing excursions, and cruise-ship tenders produce Jones Act and general maritime law claims. Federal maritime jurisdiction may overlap with state negligence law, complicating venue and procedure.

Premises Liability

Trip-and-fall incidents in conch houses, resorts, and bars often involve unsafe flooring, broken handrails, or wet surfaces after tropical downpours.

Hurricane-Related Injuries

Post-storm cleanup can expose residents to electrocution, falling debris, and mold. Contractors must follow OSHA and Florida Building Code safety rules; breaches can create negligence liability.

Florida Legal Protections & Injury Laws

Comparative Negligence in Practice

Under § 768.81, a jury in Monroe County Circuit Court will assign each party—including non-parties— a percentage of fault. Suppose your damages from a golf-cart accident total $100,000 and you are found 25 % responsible for speeding. You would still receive $75,000.

Caps on Damages

Florida imposes no statutory cap on economic damages (medical bills, lost earnings). The Florida Supreme Court struck down caps on noneconomic damages in medical malpractice cases (North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017)).

Pre-Suit Requirements

• Medical Malpractice: Chapter 766 requires an expert affidavit and a 90-day presuit investigation period.

• Government Tort Claims: § 768.28(6) mandates a written notice to the state agency within three years (two years for wrongful death) before filing suit, with a 180-day investigation window.

Rules of Civil Procedure Highlights

• Rule 1.350: Discovery of documents.

• Rule 1.442: Proposals for settlement that shift attorney’s fee liability if the offeree fails to obtain a better result at trial.

Steps to Take After a Personal Injury in Florida

• Seek Immediate Medical Attention. Lower Keys Medical Center at 5900 College Road is the only hospital on the island; prompt treatment creates a medical record vital for PIP and liability claims.

• Report the Incident. For traffic crashes, call the Key West Police Department or Florida Highway Patrol (required under § 316.065 when injury occurs).

• Document Everything. Photograph the scene, injuries, and contributing factors (e.g., broken pavement outside a Duval Street restaurant).

• Collect Witness Information. Tourists often leave town quickly—get their contact details on the spot.

• Notify Your Insurance Carrier. Most policies require “prompt” notice; failure can void coverage.

• Track Expenses. Keep receipts for medical co-pays, hotel re-booking fees, and mileage to appointments. These become reimbursable damages.

• Consult an Attorney. Early legal advice can preserve evidence and avoid recorded-statement pitfalls.

When to Seek Legal Help in Florida

While minor bruises may not require a lawyer, you should consult a Key West accident attorney if:

• Your injuries involve fractures, surgery, or more than $10,000 in medical bills.

• The insurance company denies or delays payment.

• You suspect multiple parties share fault (e.g., drunk driver and a roadway construction contractor).

• A governmental entity (City of Key West, Monroe County School District) is involved—special notice rules apply.

Florida Bar rules allow contingency fees, typically 33⅓ % to 40 % plus costs (Florida Bar Rule 4-1.5). Always demand a written fee agreement.

Local Resources & Next Steps

Key West Municipal Code — helpful for premises safety regulations. Florida Bar Consumer Guide on Personal Injury — outlines claim basics. Florida Agency for Health Care Administration Facility Search — verify treating providers.

Small-Claims vs. Circuit Court: Claims under $8,000 (exclusive of costs) may be filed in Monroe County Small Claims Court, but PIP and bodily injury cases with complex discovery generally belong in Circuit Court.

Bodily Injury Settlement Timeline: Serious injury cases in Florida average 12–18 months from accident to resolution when litigation is filed, though every case is fact-specific.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and the facts of every case differ. You should consult a licensed Florida attorney for advice concerning your individual 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.