Personal Injury Guide for Victims in Marathon, Florida

Introduction: Why a Personal Injury Guide Matters in Marathon, Florida

Marathon, Florida—located midway along the scenic Overseas Highway in the Florida Keys—is known for its coral reefs, fishing charters, and seasonal influx of tourists. While the island city’s laid-back lifestyle attracts visitors year-round, the convergence of drivers unfamiliar with local roadways, heavy boating traffic, and frequent construction on U.S. 1 unfortunately produces a measurable number of accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Monroe County reported more than 1,200 traffic crashes in 2023 alone. Many of those collisions occurred on the narrow, two-lane stretches connecting Marathon to neighboring Keys, where limited shoulders leave little room for driver error. If you or a loved one suffered injuries in Marathon—as a driver, cyclist, pedestrian, angler, or tourist—you may have questions about Florida personal injury law, insurance requirements, and what steps to take next. This comprehensive guide explains your rights under Florida statutes, filing deadlines, and local resources so you can make informed decisions. Although the information slightly favors injured victims, it remains strictly factual and based on authoritative Florida legal sources.

Understanding Your Personal Injury Rights in Florida

1. Negligence and Duty of Care

Most personal injury cases arise under the theory of negligence. To win compensation, the injured party (the plaintiff) must prove the defendant owed a duty of care, breached that duty, and caused damages. Florida follows comparative negligence, codified in Fla. Stat. § 768.81. As amended in 2023, a plaintiff’s recovery is reduced by their percentage of fault. However, if a plaintiff is found more than 50% at fault, they are barred from recovering damages in ordinary negligence actions. This rule underscores the importance of gathering credible evidence promptly.

2. Statute of Limitations

Florida recently shortened the time window to file negligence lawsuits. Effective March 24, 2023, most negligence actions—such as car, truck, or slip-and-fall cases—must be filed within two years of the incident, pursuant to Fla. Stat. § 95.11(4)(a). Claims that accrued before that date generally still follow the four-year limit. Other deadlines include:

• Medical malpractice: Two years from discovery but no more than four years from the act (Fla. Stat. § 95.11(4)(b)).

• Wrongful death: Two years from the date of death (Fla. Stat. § 95.11(4)(d)).

• Claims against government entities: Pre-suit notice within three years as required by Fla. Stat. § 768.28(6), followed by a two-year filing window after denial.

3. No-Fault Automobile Insurance

Florida is one of a handful of no-fault states. Under Fla. Stat. § 627.736, every owner of a motor vehicle registered in Florida must carry Personal Injury Protection (PIP) coverage of at least $10,000. PIP pays 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, provided treatment occurs within 14 days of the crash. However, if injuries meet the serious injury threshold outlined in Fla. Stat. § 627.737, victims may pursue additional damages from the at-fault party.

4. Damage Categories

Florida allows recovery for economic damages (medical bills, lost earnings), noneconomic damages (pain and suffering, emotional distress), and, in limited circumstances, punitive damages (Fla. Stat. § 768.72). Punitive awards are capped at three times compensatory damages or $500,000, whichever is greater, unless the defendant acted with specific intent to harm.

Common Types of Personal Injury Cases in Florida

Motor Vehicle Collisions on U.S. 1

U.S. 1 is Marathon’s main artery. Limited passing lanes, sudden storm squalls, and distracted vacationers increase crash risk. Rear-end and head-on collisions frequently involve rental vehicles, complicating insurance layers. Victims should collect rental agreements, the driver’s home-state insurance details, and photos of the crash scene—particularly important given how quickly roadside debris is removed in the Keys.

Boating and Jet-Ski Accidents

From Boot Key Harbor to Sombrero Reef, watercraft mishaps are common. The Florida Fish and Wildlife Conservation Commission (FWC) recorded 735 reportable boating accidents statewide in 2022. Injuries often involve propeller strikes, collisions with channel markers, or intoxicated operation. Maritime law may intersect with Florida negligence principles, so prompt legal guidance is essential.

Slip, Trip, and Fall Injuries

Slippery docks, sandy hotel lobbies, and wet grocery aisles can cause severe falls. Under Fla. Stat. § 768.0755, a claimant injured by a transitory foreign substance in a business establishment must prove the owner had actual or constructive knowledge of the hazard and failed to act. Surveillance footage and incident reports become critical evidence.

Hurricane-Related Property Hazards

Though Marathon escaped the worst of recent storms, Hurricane Irma in 2017 left lingering structural defects. Loose roof tiles or unstable scaffolding can injure passersby. Property owners must keep premises reasonably safe and warn of hidden dangers, per Florida common law and Fla. Stat. § 553.84 (building code violations).

Medical Malpractice

Fishermen’s Community Hospital and urgent care clinics in Marathon treat both residents and tourists. Errors in diagnosis, medication, or surgery may give rise to malpractice claims governed by Florida’s stringent pre-suit screening requirements (Fla. Stat. §§ 766.106–766.1065).

Florida Legal Protections & Injury Laws

Comparative Negligence Explained

In 2023, Florida shifted from pure to modified comparative negligence. If you are 50% or less at fault, you can still recover damages, but your award is reduced proportionally (Fla. Stat. § 768.81(6)). If you are 51% or more at fault, you recover nothing. Example: A jury awards $100,000 but finds you 20% responsible; you receive $80,000.

Damage Caps and Immunities

• Sovereign immunity: Claims against the State of Florida or Monroe County are capped at $200,000 per person and $300,000 per incident, absent legislative claims bills (Fla. Stat. § 768.28(5)).

• Medical malpractice noneconomic cap: The Florida Supreme Court struck down previous caps as unconstitutional in North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017).

• Punitive damages: Limited by Fla. Stat. § 768.73 unless intentional misconduct.

Pre-Suit Requirements

Some injury categories carry additional hurdles:

• Medical malpractice: Expert affidavit, 90-day investigation period (Fla. Stat. § 766.106).

• Nursing home negligence: Notice to facility, mediation per Fla. Stat. § 400.0233.

• Government claims: Written notice to the appropriate agency and the Department of Financial Services under Fla. Stat. § 768.28(6).

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Attention

Whether you visit Fishermen’s Community Hospital on Overseas Highway or call Monroe County EMS, document all injuries. PIP benefits require treatment within 14 days of a motor-vehicle crash (Fla. Stat. § 627.736(1)(a)).

2. Report the Incident

• Traffic accidents: Contact the Monroe County Sheriff’s Office or Florida Highway Patrol. For crashes causing injury, a formal police report is mandatory (Fla. Stat. § 316.066).

• Boating accidents: Notify FWC or U.S. Coast Guard if injuries exceed $2,000 in property damage or someone requires medical care (Fla. Stat. § 327.30).

• Premises injuries: Ask the business manager to create an incident report and obtain a copy.

3. Preserve Evidence

Take photographs of the scene, hazards, and injuries. Collect contact information for witnesses. Save damaged clothing or personal items. In a boating crash, retain your rental agreement and GPS coordinates if available.

4. Notify Your Insurer

Policy terms often require prompt notice. In auto cases, open a PIP claim. In homeowner or commercial claims, notify liability carriers. Provide basic facts only; avoid recorded statements without legal advice.

5. Track Expenses and Symptoms

Maintain a journal of pain levels, missed work, and treatment milestones. Keep receipts for medical bills, prescriptions, and travel to out-of-county specialists such as those in Miami-Dade.

When to Seek Legal Help in Florida

Indicators You Need a Marathon Accident Attorney

• The insurer denies or undervalues your PIP or liability claim.

• Your injuries meet the serious injury threshold (fracture, significant scarring, permanent impairment).

• Multiple parties or corporate defendants are involved (e.g., rental car company, road construction contractor).

• You suspect comparative negligence will be alleged against you.

• The two-year statute of limitations is approaching.

Choosing a Licensed Florida Personal Injury Lawyer

Attorneys must be in good standing with the Florida Bar. Verify disciplinary history and malpractice insurance. Because Monroe County court proceedings may require travel to Key West’s Freeman Justice Center, ensure your counsel can appear locally or via remote technology as allowed by Fla. R. Jud. Admin. 2.530.

Contingency Fees and Costs

Under Florida Bar Rule 4-1.5(f), contingency fees in personal injury matters generally may not exceed 33⅓% of the first $1 million if the case settles before defendants file an answer, or 40% thereafter. Fee contracts must be in writing and signed by the client. Costs (expert witnesses, depositions) are typically the client’s responsibility but often advanced by counsel.

Local Resources & Next Steps

Hospitals and Medical Facilities Serving Marathon

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

• Mariners Hospital (Tavernier) – Level III trauma center option one hour northeast.

• Lower Keys Medical Center (Key West) – For higher-acuity care.

Courthouse Information

Marathon cases exceeding $50,000 are typically filed in the Sixteenth Judicial Circuit, Monroe County, located at 302 Fleming St., Key West. Small claims (≤$8,000) and county civil (≤$50,000) may be heard at the Marathon Branch Courthouse, 3117 Overseas Hwy.

Victim Support Organizations

Florida Department of Health – Injury Prevention Florida Crime Victim Compensation Program

Practical Next Steps

• Schedule follow-up medical appointments and adhere to treatment plans.

• Organize all correspondence, bills, and insurance communications in a single folder or digital drive.

• Consult a personal injury lawyer Marathon Florida residents trust—preferably before providing recorded statements or signing releases.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws may change, and application depends on specific facts. 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.