Personal Injury Lawyer Guide – St. Augustine, Florida

Introduction: Why St. Augustine Injury Victims Need Local Guidance

Historic St. Augustine draws millions of visitors each year to its beaches, cobblestone streets, and Spanish colonial landmarks. While tourism fuels the local economy, it also increases traffic congestion on U.S. 1, State Road A1A, and the busy intersection of State Road 312 and U.S. 1. According to the Florida Department of Highway Safety and Motor Vehicles 2022 Crash Facts, Florida recorded 381,156 motor-vehicle crashes statewide in 2022. A portion of those occurred in St. Johns County, home to St. Augustine. Add slip-and-fall accidents in crowded attractions, boating incidents on the Matanzas River, and hurricane-related injuries, and it becomes clear why residents and visitors alike need reliable information on personal injury law. This guide explains how Florida law protects injury victims and outlines concrete steps to pursue fair compensation. It slightly favors the rights of the injured—without overstating claims—and cites only authoritative sources such as the Florida Statutes, Florida Rules of Civil Procedure, and official government publications. Whether you were rear-ended on King Street or suffered a fall at Castillo de San Marcos, the information below will help you understand your legal options in St. Augustine.

Understanding Your Personal Injury Rights in Florida

Negligence and Duty of Care

Most Florida personal injury claims arise from negligence—the failure to exercise reasonable care under the circumstances. To succeed, a plaintiff generally must prove four elements:

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

• Breach: The defendant breached that duty.

• Causation: The breach caused the injury (both actual and proximate cause).

• Damages: The plaintiff sustained legally compensable losses.

Florida follows the common-law negligence framework but supplements it with statutory rules, most prominently found in Chapter 768, Florida Statutes.

Comparative Negligence

Under section 768.81, Florida applies a pure comparative negligence standard. Your damages are reduced by the percentage of fault attributed to you, but you can still recover even if you are 99% responsible. For example, if a jury awards $100,000 in damages and finds you 30% at fault, your recovery would be $70,000.

No-Fault Rules for Auto Accidents

For most car accidents, Florida’s No-Fault Insurance Law (§§ 627.730–627.7407, Florida Statutes) requires drivers to seek initial medical and wage loss benefits through their own Personal Injury Protection (PIP) coverage—regardless of who caused the crash—up to $10,000. Serious injuries that meet the statutory “injury threshold” (e.g., significant and permanent loss of an important bodily function) allow an injured party to pursue additional damages from an at-fault driver.

Statute of Limitations

Florida law imposes strict filing deadlines. For negligence-based personal injury actions, § 95.11(3)(a), Florida Statutes, generally allows four years from the date of the incident. Medical malpractice claims carry a two-year period, while wrongful-death claims must be brought within two years (§ 95.11(4)). Missing these deadlines usually bars recovery.

Common Types of Personal Injury Cases in Florida

Motor-Vehicle Collisions

Interstate 95 and the busy stretch of State Road A1A see significant traffic, especially during peak tourist seasons and hurricane evacuations. Common crash scenarios include:

• Rear-end collisions at the San Marco Avenue drawbridge backup

• Side-swipes in merging lanes near the Vilano Beach causeway

• Drunk-driving incidents leaving downtown nightlife spots

Besides PIP, seriously injured victims may seek damages for medical bills, lost wages, pain and suffering, and property damage.

Premises Liability (Slip, Trip, and Fall)

Florida property owners owe varying duties of care to invited guests. Wet floors in restaurants on St. George Street or uneven walkways at Anastasia State Park can trigger liability if the property owner knew—or should have known—about the hazard and failed to remedy it (§ 768.0755).

Boating and Maritime Injuries

With Matanzas Bay and the Intracoastal Waterway at its doorstep, St. Augustine experiences frequent boating traffic. Inattentive operation, excessive speed, and alcohol use can lead to collisions and man-overboard incidents. Depending on where the accident occurs, federal maritime law or Florida negligence standards may apply.

Dog Bites

Florida imposes strict liability for dog owners under § 767.04, meaning the owner is liable for damages even if the dog had never bitten before, provided the victim was lawfully on the premises or in a public place.

Hurricane-Related Injuries

St. Augustine’s coastal location exposes it to hurricanes and tropical storms. Injuries can result from collapsing structures, flying debris, or negligent cleanup operations. Contractors and property owners may face liability if they fail to follow building codes or safety protocols.

Florida Legal Protections & Injury Laws

Key Statutes Every Victim Should Know

• Chapter 768, Florida Statutes: Governs negligence, wrongful death, and comparative fault.

• § 95.11: Establishes the statute of limitations for civil actions.

• §§ 627.730–627.7407: Florida Motor Vehicle No-Fault (PIP) Law.

• Florida Rules of Civil Procedure 1.010–1.650: Dictate how lawsuits are filed, served, and tried.

Damages Available in Florida Personal Injury Cases

Depending on the facts, a successful plaintiff may recover:

• Economic Damages: Medical bills, rehabilitation, lost wages, future earning capacity, property loss.

• Non-Economic Damages: Pain, suffering, mental anguish, loss of enjoyment of life (§ 768.21 for wrongful death).

• Punitive Damages: Reserved for intentional misconduct or gross negligence under § 768.72, capped at three times compensatory damages or $500,000 in most cases.

How Comparative Fault May Reduce Your Award

If you contributed to the accident—such as texting while walking or failing to wear a seatbelt—your compensation is reduced proportionally, but not eliminated, thanks to Florida’s pure comparative fault model.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Under § 627.736, PIP benefits cover up to $10,000 only if an injured driver seeks treatment within 14 days. Nearby medical facilities include Flagler Health+ (St. Augustine) and UF Health St. Johns. Keep all records and receipts.

2. Report the Incident

• Motor-Vehicle Crashes: Call 911. Florida law requires crashes with injury or $500+ in property damage to be reported to law enforcement (§ 316.066).

• Premises Injuries: Notify the property manager and obtain a written incident report.

• Boating Accidents: Report to the Florida Fish and Wildlife Conservation Commission if injuries require medical treatment beyond first aid (§ 327.30).

3. Preserve Evidence

Photograph the scene, gather witness contact information, and secure video footage (e.g., from storefront security cameras on Hypolita Street). Physical evidence can degrade quickly in humid coastal conditions, so act promptly.

4. Notify Your Insurance Carrier

Most policies require prompt notice. Give facts only; avoid speculative statements. Recorded statements may later be used against you.

5. Track All Expenses and Symptoms

Maintain a journal documenting pain levels, medical appointments, and lost work days. Organize bills, prescriptions, and mileage receipts to substantiate damages.

6. Consult a Licensed Florida Attorney

Florida Bar rules allow only attorneys admitted to practice in the state to give legal advice on Florida law. Verify licensure in the Florida Bar Member Directory.

When to Seek Legal Help in Florida

Indicators That You May Need Representation

• The insurance company denies liability or offers a low settlement.

• Your injuries are permanent or involve significant scarring.

• Multiple parties (e.g., rideshare driver, road contractor) share fault.

• You are approaching the statute-of-limitations deadline.

Contingency Fees Explained

Most Florida personal injury lawyers work on a contingency fee, typically 33⅓%–40% of the recovery, regulated by Florida Bar Rule 4-1.5(f). No attorney’s fees are owed unless you recover compensation.

Litigation Process Snapshot

• Pre-Suit Investigation: Gathering medical records, accident reports, expert opinions.

• Pleadings: Filing a Complaint and serving the defendant under Fla. R. Civ. P. 1.070.

• Discovery: Interrogatories, depositions, and document requests (Rules 1.280–1.370).

• Mediation: Mandatory in many Florida circuits, including the Seventh Judicial Circuit serving St. Johns County.

• Trial: Jury determines liability and damages; judgment entered.

• Appeal: Parties may appeal to the Fifth District Court of Appeal in Daytona Beach.

Local Resources & Next Steps

Hospitals & Urgent Care

• Flagler Health+ St. Augustine, 400 Health Park Blvd.

• UF Health St. Johns Urgent Care, 1850 State Road 207.

Always confirm treatment providers accept your PIP, health, or MedPay coverage before incurring significant costs.

Court Locations

• St. Johns County Courthouse: 4010 Lewis Speedway, where most civil personal injury actions are filed.

• Seventh Judicial Circuit Mediation Services: Offers court-ordered and voluntary mediation.

Government & Non-Profit Aid

FLHSMV Crash Report Portal – Obtain official accident reports.

• St. Johns County Victim Services – Crime-related compensation assistance.

Checklist to Get Started

• Calendar the statute-of-limitations deadline (usually four years).

• Gather medical, employment, and insurance documents.

• Compile evidence (photos, statements, receipts).

• Contact a local personal injury lawyer to evaluate liability, damages, and comparative fault exposure.

Legal Disclaimer: This guide provides general information for educational purposes only and does not constitute legal advice. Laws change, and every case is unique. Consult a licensed Florida attorney for advice specific to 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.