Personal Injury Guide: Your Rights in DeLand, Florida

Introduction: Why DeLand Residents Need to Understand Florida Personal Injury Law

DeLand, Florida—nestled between Orlando and Daytona Beach—sees a steady flow of student traffic from Stetson University, tourists driving to nearby beaches, and residents commuting along U.S. Highway 17-92 and Interstate 4. With this activity comes a higher risk of auto collisions, slip-and-falls in crowded downtown businesses, and construction mishaps as Volusia County continues to grow. According to the Florida Department of Highway Safety and Motor Vehicles’ 2022 Traffic Crash Facts, Volusia County recorded more than 9,600 crashes in a single year. Injured victims in DeLand often face mounting medical bills at facilities such as AdventHealth DeLand or Halifax Health in Daytona Beach while trying to understand complex insurance rules. This guide explains how Florida personal injury law protects you, the deadlines you cannot miss, and the local steps you should take to maximize the compensation you may be entitled to under the law.

Understanding Your Personal Injury Rights in Florida

Negligence as the Basis of Most Claims

Most personal injury cases in Florida arise from negligence—one party’s failure to exercise reasonable care, leading to someone else’s injury. Florida codifies negligence principles in Florida Statutes §768.81. To win, an injured person (the plaintiff) must prove four elements:

• Duty: The defendant owed a legal duty of care.

• Breach: The defendant breached that duty through action or inaction.

• Causation: The breach caused the plaintiff’s injuries.

• Damages: The plaintiff suffered actual losses—medical expenses, lost wages, pain, and suffering.

Florida’s Modified Comparative Negligence Rule

In March 2023, the Florida Legislature amended §768.81 to a modified comparative negligence system. If you are more than 50% at fault, you cannot recover damages. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. For example, an award of $100,000 is reduced to $60,000 if you are deemed 40% responsible.

Statute of Limitations

Florida’s statute of limitations for negligence actions is generally two years from the date of injury, per Florida Statutes §95.11(4). Certain cases—such as medical malpractice—have additional notice requirements under §766.106. Missing these deadlines usually bars your claim entirely, so swift action is critical.

Common Types of Personal Injury Cases in Florida

1. Motor Vehicle Collisions

DeLand traffic funnels onto State Road 44 and the I-4 corridor, where distracted and impaired driving frequently lead to crashes. Florida is a no-fault state under Florida Statutes §627.736, meaning each driver’s Personal Injury Protection (PIP) insurance covers up to $10,000 of medical bills and lost wages regardless of fault. However, victims may step outside the no-fault system and sue the at-fault driver if they suffer a “serious injury” as defined by §627.737—significant or permanent loss of function, disfigurement, or death.

2. Slip, Trip, and Fall Incidents

Florida premises liability law requires property owners and business operators in DeLand’s historic downtown to maintain reasonably safe conditions. Under §768.0755, a plaintiff must show that the owner had actual or constructive knowledge of a dangerous condition and failed to correct it.

3. Medical Malpractice

Hospitals such as AdventHealth DeLand must meet recognized standards of care. Claims require extensive pre-suit investigation and an affidavit from a medical expert, as detailed in §766.203-206.

4. Dog Bites and Animal Attacks

Florida imposes strict liability on dog owners for bites occurring in public or lawful private settings under §767.04. Comparative negligence may still reduce damages if the victim provoked the animal.

5. Product Liability

Defective products ranging from dangerous children’s toys to faulty auto parts sold in Volusia County can expose manufacturers, distributors, and retailers to liability under negligence, strict liability, or breach-of-warranty theories.

Florida Legal Protections & Injury Laws

Key Statutes that Protect Victims

• Florida Statutes Chapter 768 – Governs negligence actions, including limits on punitive damages (§768.73) and wrongful death (§768.16-26).

• Florida Statutes §627.7407 – Sets mandatory pre-suit mediation for certain auto claims, offering a faster route to resolution.

• Florida Rules of Civil Procedure – Rule 1.650 outlines pre-suit screening for medical negligence cases.

Punitive Damages

Under Florida Statutes §768.72, punitive damages are allowed if clear and convincing evidence shows intentional misconduct or gross negligence. They are capped at the greater of three times compensatory damages or $500,000, except in specific circumstances.

Sovereign Immunity and Claims Against Government Entities

Suing the City of DeLand or Volusia County for unsafe road conditions requires compliance with §768.28. Plaintiffs must provide written notice to the appropriate agency and the Department of Financial Services within three years (two years in wrongful death) and must wait 180 days before filing suit unless the claim is denied sooner.

Steps to Take After a Personal Injury in Florida

Step 1: Seek Immediate Medical Attention

Prompt treatment at AdventHealth DeLand or another licensed facility not only safeguards your health but also creates crucial medical records. Under §627.736, PIP benefits are limited to expenses incurred within 14 days of the accident.

Step 2: Report the Incident

• Auto Accidents: Florida Statutes §316.066 requires drivers to report crashes involving injury, death, or property damage over $500.

• Premises Incidents: Notify the store manager or property owner and obtain a written incident report.

• Dog Bites: Inform Volusia County Animal Services to create an official record.

Step 3: Document Evidence

Use your phone to photograph vehicle positions, hazards like wet floors, weather conditions, and visible injuries. Collect names and contact information of witnesses. Save receipts and medical bills.

Step 4: Avoid Premature Statements

Insurance adjusters may request recorded statements. You are not required to provide one to the other party’s insurer without counsel. Statements can be used to attribute fault or minimize damages.

Step 5: Consult a Licensed Florida Personal Injury Attorney

The Florida Bar regulates attorney licensing under Chapter 4 of the Rules Regulating The Florida Bar. An attorney concentrating on personal injury will evaluate liability, gather expert testimony, and negotiate with insurers that routinely undervalue claims.

When to Seek Legal Help in Florida

Indicators You Need a "Personal Injury Lawyer DeLand Florida"

• Liability is disputed, and you may be assessed more than 50% at fault under the modified comparative negligence rule.

• Your injuries meet the statutory threshold to sue outside PIP.

• The insurer delays or denies legitimate claims—or offers lowball settlements.

• You face complicated defendants such as rideshare companies or government entities.

An attorney can file suit in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County following the Florida Rules of Civil Procedure, conduct discovery, attend mediations, and, if necessary, present your case to a jury drawn from the DeLand community.

Local Resources & Next Steps

Medical Facilities Serving DeLand

• AdventHealth DeLand – 701 W Plymouth Ave, DeLand, FL 32720

• Halifax Health Medical Center – 303 N Clyde Morris Blvd, Daytona Beach, FL 32114

Traffic & Crash Reports

Obtain official crash reports online via the Florida Highway Safety and Motor Vehicles (FLHSMV) portal. Reports become available within 10 days of the incident.

Courthouses

• Volusia County Courthouse – 101 N Alabama Ave, DeLand, FL 32724

Consumer Legal Information

The Florida Bar offers free brochures on hiring lawyers and understanding contingency fees at Florida Bar: Hiring a Lawyer.

Frequently Asked Questions

How long will my case take?

Simple PIP claims may resolve in months, while litigated negligence suits in Volusia County can take 12–24 months, depending on discovery, expert availability, and court calendars.

How is pain and suffering calculated?

Florida allows recovery for noneconomic damages, but there is no formula. Factors include injury severity, permanence, and impact on daily life.

Can I still recover if I was not wearing a seat belt?

Yes, but your damages may be reduced under the «seat belt defense» outlined in Ridley v. Safety Kleen Corp., 693 So. 2d 934 (Fla. 1996).

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws change, and each case is unique. Consult a licensed Florida attorney before acting on any information contained herein.

Next Steps

If you believe another person’s negligence caused your injuries, taking prompt, informed action is vital. The longer you wait, the harder it becomes to gather evidence and meet Florida’s strict statutory deadlines.

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.