Personal Injury Rights Guide – Fort Lauderdale, Florida

Introduction: Why Fort Lauderdale Residents Need a Clear Personal Injury Roadmap

Fort Lauderdale’s year-round sunshine, bustling tourism, and rapidly growing population make Broward County’s seat a vibrant place to live and visit—but they also create unique safety risks. In 2023, the Florida Department of Highway Safety and Motor Vehicles recorded more than 41,000 traffic crashes in Broward County alone, a figure that includes thousands of incidents on I-95, Sunrise Boulevard, and the Andrews Avenue corridor. Fort Lauderdale’s busy Port Everglades cruise terminal, its water-taxi routes, and seasonal hurricane threats add layers of complexity to injury claims stemming from automobile collisions, boating accidents, slip-and-falls, and storm-related property hazards.

If you have been hurt in Fort Lauderdale, knowing how Florida personal injury law works is critical. This comprehensive guide—grounded exclusively in verified sources such as the Florida Statutes, Florida Rules of Civil Procedure, Florida Bar guidelines, and published appellate decisions—explains your rights, outlines the legal process, and identifies local resources. While it slightly favors protecting the injury victim’s perspective, every section remains fact-based and professionally neutral.

Understanding Your Personal Injury Rights in Florida

The Legal Definition of a Personal Injury Claim

A personal injury claim seeks compensation for losses caused by another party’s negligence, intentional act, or strict liability. Florida recognizes economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) under Florida Statutes § 768.28 and related provisions in Chapter 768 (Negligence).

Florida’s Four Elements of Negligence

• Duty: The defendant owed you a legal duty of care (e.g., drivers must obey traffic laws).

• Breach: The defendant violated that duty by acting or failing to act.

• Causation: The breach directly caused your injury (proximate cause).

• Damages: You sustained actual losses measurable in dollars.

All four elements must be proven by a preponderance of the evidence in a Florida civil court.

Comparative Negligence Rule (Modified 2023)

Effective March 24, 2023, Florida Statutes § 768.81 adopted a modified comparative negligence standard. If you are found more than 50% at fault, you cannot recover damages. If you are 50% or less at fault, your award is reduced proportionally. For example, a $100,000 verdict becomes $70,000 if you are found 30% liable.

Statute of Limitations in Florida

• General negligence (auto, slip & fall): Two years from the date of injury (reduced from four years by 2023 tort reform, § 95.11(4)).

• Medical malpractice: Two years from discovery but no later than four years from the incident (§ 95.11(4)(b)).

• Claims against government entities: Pre-suit notice within three years; lawsuit after 180-day investigatory period (§ 768.28(6)).

Missing the deadline usually bars recovery, so act quickly.

Common Types of Personal Injury Cases in Fort Lauderdale

1. Motor Vehicle Collisions

I-95, Florida’s Turnpike, and congested east-west arteries such as Oakland Park Boulevard are frequent crash sites. Florida’s No-Fault Insurance Law (Florida Statutes § 627.736) requires drivers to carry Personal Injury Protection (PIP) providing up to $10,000 in medical and disability benefits regardless of fault. However, to pursue pain and suffering damages, you must meet the serious injury threshold under § 627.737.

2. Cruise Ship and Boating Accidents

Port Everglades is among the world’s busiest cruise ports, and the Intracoastal Waterway hosts thousands of private vessels. Although maritime law often governs offshore injuries, negligence that occurs dockside or on Florida’s navigable waters may proceed in state court under Chapter 768.

3. Premises Liability (Slip, Trip & Fall)

Hotels along A1A, Las Olas Boulevard restaurants, and shopping centers such as The Galleria owe invitees a duty to maintain reasonably safe premises under Florida Statutes § 768.0755. Victims must prove the business had actual or constructive knowledge of the dangerous condition.

4. Medical Malpractice

Major medical facilities in Fort Lauderdale include Broward Health Medical Center and Holy Cross Hospital. Claims against healthcare providers must follow pre-suit screening under Florida Statutes § 766.106 and often require expert affidavits.

5. Hurricane and Storm-Related Injuries

Fort Lauderdale’s coastal location exposes residents to hurricane-force winds and flooding. Property owners who fail to secure loose objects or repair damaged structures after a storm may face liability under general negligence principles.

Florida Legal Protections & Injury Laws

No-Fault Insurance: How PIP Works

Under § 627.736, PIP covers:

• 80% of reasonable medical expenses (if treatment begins within 14 days).

• 60% of lost income, subject to policy limits.

• $5,000 death benefit.

Tip: Seek prompt medical attention at facilities like Broward Health North or urgent-care clinics to preserve your PIP claim.

Serious Injury Threshold

You may pursue a liability claim outside PIP for non-economic damages if you suffer:

• Significant and permanent loss of an important bodily function.

• Permanent injury within a reasonable degree of medical probability.

• Significant and permanent scarring or disfigurement.

• Death.

Caps on Damages

Florida generally does not cap economic or non-economic damages in negligence cases after North Broward Hospital District v. Kalitan, 219 So.3d 49 (Fla. 2017), which struck down statutory caps in medical malpractice wrongful death cases as unconstitutional.

Collateral Source Rule

Under § 768.76, juries may not consider payments from health insurance or other sources when calculating damages; post-verdict adjustments occur instead.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Use emergency rooms such as Broward Health Medical Center (1314 E. Las Olas Blvd.) or call 911. A timely diagnosis documents causation and satisfies the PIP 14-day rule.

2. Preserve Evidence

• Photograph the accident scene, property damage, and visible injuries.

• Obtain witness names and contact information.

• Save police crash reports from the Fort Lauderdale Police Department or Florida Highway Patrol.

3. Notify Insurance Carriers

Florida policies often require prompt notice—sometimes within 24 hours—after a crash. Failure to notify can jeopardize coverage.

4. Document Economic Losses

• Keep all medical bills, pharmacy receipts, and mileage logs.

• Track missed workdays with employer pay stubs.

5. Avoid Early Settlement Pitches

Insurance adjusters may offer quick payouts that undervalue future treatment costs. Consult legal counsel before signing releases.

6. Understand Pre-Suit Requirements

Medical malpractice and some government claims require statutory pre-suit notices. A qualified Florida attorney can help comply with these strict rules.

When to Seek Legal Help in Florida

Complexity of Comparative Negligence

If fault is disputed or multiple parties (driver, employer, city) share liability, an attorney can identify all responsible entities and preserve vicarious liability claims.

Severe or Catastrophic Injuries

Cases involving traumatic brain injury, spinal cord damage, or permanent disability often exceed PIP limits quickly. Legal counsel can coordinate expert testimony from neurologists or life-care planners.

Statute of Limitations Approaching

An attorney can file a complaint in Broward County Circuit Court to toll the limitations period while settlement talks continue.

Insurance Bad Faith

If an insurer unreasonably denies or delays benefits, § 624.155 authorizes a civil remedy notice. Counsel is critical for these statutory time lines.

Local Resources & Next Steps

Court System

Broward County Clerk of Courts – file civil complaints, retrieve dockets.

• Seventeenth Judicial Circuit – civil divisions handle personal injury trials.

Medical Facilities

• Broward Health Medical Center – Level I Trauma Center.

• Holy Cross Health – recognized orthopedic and neurology programs.

Rehabilitation Services

• Memorial Rehabilitation Institute: inpatient and outpatient physical therapy.

• Florida Department of Health—Broward County: public health resources.

Finding a Licensed Attorney

Verify credentials through the Florida Bar Lawyer Directory before retaining counsel.

Filing an Insurance Claim

Retrieve crash records via the Florida Crash Portal to support your insurance submission.

Legal Disclaimer

This guide provides general information for Fort Lauderdale, Florida residents. It is not legal advice. Laws change, and every case is unique. Consult a licensed Florida personal injury lawyer regarding your specific 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.