Personal Injury Guide – Fort Lauderdale, Florida

Introduction: Protecting Fort Lauderdale Injury Victims

Fort Lauderdale – the yachting capital of the world – welcomes nearly 13 million visitors every year through Port Everglades, Fort Lauderdale–Hollywood International Airport, and the city’s beaches and marinas. With Interstate 95 slicing through Broward County, the Florida Turnpike to the west, and State Road A1A hugging the shoreline, traffic volume remains high year-round. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Broward County recorded more than 41,000 reported crashes in 2022, resulting in thousands of injuries. Tourists, commuters, and residents are also vulnerable to slip-and-falls in hotels, boating collisions on the Intracoastal Waterway, and hurricane-related hazards. When an accident happens, victims often feel overwhelmed—especially with Florida’s unique no-fault insurance rules and strict filing deadlines. This comprehensive guide distills authoritative Florida law so you can better protect your health, finances, and legal rights.

Understanding Your Personal Injury Rights in Florida

The Fault vs. No-Fault Framework

Florida is one of the few states that maintains a “no-fault” system for most motor vehicle crashes. Under Florida Statutes § 627.736, every owner of a vehicle registered in the state must carry at least $10,000 in Personal Injury Protection (PIP) coverage. After a crash:

• Your own PIP insurer pays up to 80% of reasonable medical expenses and 60% of lost wages, regardless of who caused the collision.

• You must obtain medical treatment within 14 days or benefits may be denied. The initial provider may be a licensed physician, dentist, chiropractor, or hospital facility.

• If injuries meet the serious injury threshold (e.g., significant and permanent loss of a bodily function, permanent injury, significant scarring, or death), you may pursue a liability claim against the at-fault driver for full damages.

Comparative Negligence Rules

Outside of the PIP context—or after crossing the serious injury threshold—Florida applies a modified comparative negligence standard codified at Florida Statutes § 768.81 (updated 2023). Each party’s percentage of fault reduces his or her damages. However, if you are found to be more than 50% responsible, you cannot recover economic or non-economic damages from another party. Strategic evidence gathering is therefore critical for victims hoping to maximize compensation.

Statute of Limitations

The deadline to file suit is set by Florida Statutes § 95.11:

• Personal injury due to negligence: two years from the date of the accident (for incidents on or after 3/24/2023; prior incidents enjoy four years).

• Wrongful death: two years from the date of death.

• Claims against state or local government: written notice within three years and suit no earlier than 180 days thereafter (§ 768.28).

Missing these deadlines almost always results in dismissal, so calendar them immediately.

Common Types of Personal Injury Cases in Fort Lauderdale

Motor Vehicle Collisions

Interstate 95, I-595, and US 1 are frequent sites of rear-end crashes, rideshare accidents, and multi-vehicle pile-ups. Florida Highway Patrol dash-cam videos and Broward County Traffic Engineering camera footage can help establish liability.

Pedestrian & Bicycle Accidents

Las Olas Boulevard, Fort Lauderdale Beach, and the Downtown Riverwalk see heavy foot and bike traffic. Under Florida Statutes § 316.130, drivers must yield to pedestrians in crosswalks. Nevertheless, FLHSMV data shows over 900 pedestrian crashes in Broward County during 2022.

Boating & Cruise Port Injuries

With 165 miles of waterways, Fort Lauderdale’s boating culture increases collision risks. The U.S. Coast Guard and Florida Fish and Wildlife Conservation Commission (FWC) investigate maritime accidents; their reports often become crucial evidence.

Premises Liability

Slip-and-falls occur in hotels on Sunrise Boulevard, grocery stores like Publix, and shopping centers such as the Galleria Mall. Property owners owe invitees a duty to maintain reasonably safe conditions (Owens v. Publix Supermarkets, Inc., 802 So. 2d 315, Fla. 2001).

Hurricane-Related Hazards

Hurricanes and tropical storms produce debris, flooded walkways, and downed power lines. Although homeowners’ insurers often handle property damage, personal injuries (e.g., falling tree limbs) may give rise to negligence or premises claims.

Florida Legal Protections & Key Injury Laws

Damages Available

• Economic Damages: medical bills, rehabilitation, lost income, and out-of-pocket expenses.

• Non-Economic Damages: pain, suffering, mental anguish, inconvenience, and loss of enjoyment of life.

• Punitive Damages: awarded under § 768.72 when the defendant’s conduct was intentional or grossly negligent. Florida caps punitive damages at the greater of three times compensatory damages or $500,000 in most cases.

• Sovereign Immunity Caps: When suing the State, counties, or cities, damages are limited to $200,000 per person and $300,000 per incident (§ 768.28(5)).

Evidentiary Requirements

Florida follows the Frye standard (Delisle v. Crane Co., 258 So. 3d 1219, Fla. 2018) for expert testimony offered in state courts, though most personal injury suits filed after 2019 proceed in federal court under Daubert due to diversity jurisdiction.

Attorney Fees and Contingency Agreements

Florida Bar Rule 4-1.5(f) permits contingency fees, but they must be in writing and signed by client and attorney. Standard percentages are 33-40% of the gross recovery before filing suit, increasing if litigation ensues.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Attention

Your health is paramount, and timely treatment documents causation. Nearby trauma facilities include Broward Health Medical Center (Level I) and Holy Cross Health (Level II). Present your PIP card at intake.

2. Report the Incident

• Traffic crashes: Dial 911. Fort Lauderdale Police Department (FLPD) or Florida Highway Patrol will generate a long-form crash report for injuries or property damage above $500.

• Slip-and-falls: Notify the manager and obtain a written incident report.

• Boating accidents: File a Boating Accident Report (BAR) with FWC if injuries exceed $2,000 in property damage or involve death/disappearance.

3. Preserve Evidence

• Photograph vehicles, hazards, and visible injuries from multiple angles.

• Collect names, phone numbers, and statements of witnesses.

• Store damaged clothing, helmets, or footwear in a safe place—do not wash or repair.

• Request surveillance footage from nearby businesses as soon as possible.

4. Notify Insurance Carriers

Under most auto policies, you must provide “prompt notice.” Keep the conversation factual; do not speculate or concede fault.

5. Track Expenses and Symptoms

Maintain a journal of pain levels, missed workdays, and emotional impacts. Save invoices, diagnostic imaging, and prescription receipts.

When to Seek Legal Help in Florida

Indicators That You Need a Lawyer

• Serious or permanent injuries exceeding PIP limits.

• Liability disputes or comparative negligence allegations.

• Multiple defendants—such as rideshare companies, commercial carriers, or governmental entities.

• Lowball settlement offers that fail to cover future medical needs.

Choosing a Fort Lauderdale Personal Injury Lawyer

Verify the attorney’s standing through the Florida Bar’s public member search. Experience with Broward County juries, familiarity with local experts, and a proven trial record enhance bargaining power.

The Litigation Timeline (Simplified)

• Pre-Suit Investigation: Medical record review, scene inspection, expert consultations.

• Suit Filing & Service: Complaint filed in the 17th Judicial Circuit (if damages ≥ $50,000) or Broward County Court (≤ $50,000).

• Discovery: Interrogatories, document requests, depositions. Governed by Florida Rules of Civil Procedure 1.280-1.370.

• Mandatory Mediation: Broward County Civil Division requires mediation before trial (Fla. R. Civ. P. 1.700).

• Trial: Jury selection, opening statements, witness testimony, verdict.

• Post-Trial & Appeals: Motions for new trial or remittitur; appeals to the Fourth District Court of Appeal in West Palm Beach.

Local Resources & Next Steps

Broward County Clerk of Courts – file searches, docket viewing, and e-filing portals. Florida Statutes Chapter 768 – Negligence – official text of key personal injury laws. FLHSMV Crash Facts & Reports – download certified crash reports and county statistics.

• Broward Health Victim Services: 954-765-4133 – counseling and compensation claim assistance.

• Fort Lauderdale Police Department Records Unit: 1300 W. Broward Blvd., 954-828-5465 – obtain traffic crash records.

Legal Disclaimer: This guide provides general information on Florida personal injury law and is not legal advice. Laws change, and every case is unique. For tailored advice, consult a licensed Florida attorney.

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.