Personal Injury Rights Guide – Marathon, Florida

Introduction to Personal Injury Claims in Marathon, Florida

Nestled halfway between Key Largo and Key West, the City of Marathon spans 13 tropical islands in Monroe County. U.S. 1 (the Overseas Highway) is the community’s main arterial road, carrying local traffic, tourists, and commercial vehicles across the historic Seven Mile Bridge. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) 2022 Traffic Crash Facts, Monroe County recorded more than 1,500 traffic crashes in a single year, a significant number given the county’s population.1 The concentration of visitors, boating activity around Boot Key Harbor, and seasonal hurricane risks increase the likelihood of accidents causing injuries ranging from fractures and burns to traumatic brain injuries (TBIs). When another party’s negligence harms you in Marathon, Florida law allows you to seek compensation for medical expenses, lost income, pain and suffering, and other losses. However, strict deadlines, no-fault insurance rules, and comparative fault defenses make the process complex. This comprehensive guide—grounded exclusively in verified statutes, court rules, and government data—explains what every injury victim in Marathon should know.

Understanding Your Personal Injury Rights in Florida

The Legal Duty of Care

Florida recognizes a duty of care that requires individuals and organizations to act reasonably to avoid causing foreseeable harm. A driver must obey speed limits on the Overseas Highway; a resort must maintain safe premises; a boat operator must follow U.S. Coast Guard navigation rules. When a party breaches this duty and causes injury, the victim may file a negligence claim seeking damages.

Comparative Negligence – Fla. Stat. § 768.81

Florida follows a modified comparative negligence standard (effective 2023). Under Fla. Stat. § 768.81, an injured plaintiff who is found less than 50% at fault may recover damages, but the award is reduced by the plaintiff’s percentage of fault. If a Marathon resident is 20% responsible for a scooter crash, recoverable damages drop by 20%. If the plaintiff is 50% or more at fault, recovery is barred.

Statute of Limitations – Fla. Stat. § 95.11(4)

Florida generally provides two years from the date of the accident to file a personal injury lawsuit (Fla. Stat. § 95.11(4), amended March 24, 2023). Wrongful death claims must be filed within two years of death (Fla. Stat. § 95.11(4)(d)). Missing the deadline almost always means your claim is permanently barred.

Florida’s No-Fault (PIP) Insurance – Fla. Stat. § 627.736

Florida is one of a few no-fault states. Under Fla. Stat. § 627.736, every private passenger vehicle owner must carry at least $10,000 in Personal Injury Protection (PIP). After a Marathon car crash, PIP pays 80% of reasonable medical expenses and 60% of lost wages—regardless of fault—up to policy limits. To step outside the no-fault system and sue the at-fault driver, you must sustain a “serious injury” as defined in Fla. Stat. § 627.737 (e.g., significant and permanent loss of bodily function or permanent injury).

Common Types of Personal Injury Cases in Marathon, Florida

1. Motor Vehicle Collisions on U.S. 1 and Local Roadways

FLHSMV data show that Monroe County’s narrow roads and heavy tourist traffic contribute to rear-end, head-on, and motorcycle crashes. Bicyclists and pedestrians—common on the Old Seven Mile Bridge recreational path—are especially vulnerable.

2. Boating and Jet Ski Accidents

The Florida Fish and Wildlife Conservation Commission (FWC) ranks Monroe County first statewide for recreational boating accidents. Collisions, propeller injuries, and falls overboard often implicate negligence such as operator inattention or intoxication.

3. Premises Liability at Resorts and Vacation Rentals

Florida courts recognize a landowner’s duty to maintain reasonably safe premises (see Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla. 2001)). Slip-and-falls around hotel pools, elevator malfunctions, and inadequate lighting in parking lots are frequent sources of claims.

4. Hurricane and Storm-Related Injuries

Hurricane Irma and Hurricane Ian underscored the risks of falling debris, electrocution, and carbon monoxide poisoning from portable generators. Property owners and contractors may be liable if they fail to secure job sites or adhere to building codes.

5. Medical Malpractice at Local Health Facilities

Fishermen’s Community Hospital in Marathon is a critical-access facility. Errors in emergency care, misdiagnosis, or surgical negligence can give rise to claims governed by Fla. Stat. §§ 766.101–766.118, which impose presuit notice and expert affidavit requirements.

6. Cruise and Ferry Injuries

Day-trip ferries and charter boats operate out of Marathon Marina. Maritime accidents may invoke federal admiralty law in addition to Florida negligence principles.

Florida Legal Protections & Injury Laws

Key Statutes Benefiting Victims

• Fla. Stat. § 768.72 – Allows punitive damages for intentional misconduct or gross negligence.

• Fla. Stat. § 627.4137 – Entitles a claimant to request liability insurance policy information from the defendant’s insurer within 30 days.

• Fla. Stat. § 57.105 – Authorizes courts to impose attorney’s fees for frivolous defenses, discouraging bad-faith tactics.

Important Procedural Rules

The Florida Rules of Civil Procedure govern litigation steps. For example, Rule 1.350 permits discovery of documents, while Rule 1.370 provides for requests for admission. A timely motion for summary judgment under Rule 1.510 can resolve liability without trial if no genuine dispute of material fact exists.

Wrongful Death Act – Fla. Stat. §§ 768.16–768.26

If negligence causes a fatality—such as a diver’s drowning at Sombrero Reef—the decedent’s personal representative may bring a wrongful death action on behalf of survivors. Damages include loss of support, services, companionship, and mental pain and suffering for close family members.

Dog Bite Liability – Fla. Stat. § 767.04

Florida imposes strict liability on dog owners for bites occurring in public or when the victim is lawfully on private property. Comparative negligence can still reduce recovery.

Steps to Take After a Personal Injury in Florida

Seek Medical Attention Within 14 Days To preserve PIP coverage, victims of motor vehicle crashes must receive initial medical treatment within 14 days (Fla. Stat. § 627.736(1)(a)). Trauma services are available at Fishermen’s Community Hospital and Baptist Health Mariners Hospital in Tavernier. Document the Scene Photograph vehicle positions on U.S. 1, unsafe dock conditions, or wet floors at a resort. Capture lighting, weather, and surveillance cameras if visible. File Required Reports Florida law (Fla. Stat. § 316.066) requires drivers to report crashes involving injury, death, or apparent property damage of $500 or more to the Monroe County Sheriff’s Office or the Florida Highway Patrol. Notify Your Insurance Carrier PIP and health insurance policies impose prompt notice provisions. Keep communications factual and avoid recorded statements to the adverse insurer without counsel. Track Expenses and Symptoms Retain medical bills, repair invoices, and wage-loss records. Maintain a daily pain journal noting headaches, sleep disruption, or mobility limitations. Stay Off Social Media Defense attorneys routinely monitor public posts for evidence contradicting injury claims. Consult a Licensed Florida Personal Injury Lawyer Complex statutes, short deadlines, and insurance adjusters aiming to minimize payouts make early legal advice critical.

When to Seek Legal Help in Florida

Indicators You Need a Marathon Accident Attorney

• Your injuries meet or may exceed the PIP “serious injury” threshold.

• The at-fault party blames you, invoking comparative negligence.

• You face high future medical costs (e.g., spinal fusion, prosthetics).

• An insurer offers a quick settlement before you finish treatment.

• Multiple defendants complicate liability (e.g., rental car company, bar serving an intoxicated boater).

Attorney Licensing and Fees

All Florida attorneys must be members in good standing of the Florida Bar. Personal injury lawyers typically work on a contingency-fee basis under Rule 4-1.5(f)(4)(B) of the Rules Regulating The Florida Bar. Fees are capped at specific percentages of the gross recovery—33⅓% up to $1 million if the claim is resolved before filing an answer or demand for arbitration.

Pre-Suit Settlement vs. Litigation

Florida law encourages early resolution through the Civil Remedy Notice (CRN) process for bad-faith insurance claims (Fla. Stat. § 624.155) and offers of judgment under Fla. Stat. § 768.79. Yet insurers sometimes undervalue serious injuries, making litigation the only path to just compensation. A qualified Marathon personal injury lawyer will explain the cost-benefit of each avenue.

Local Resources & Next Steps

Courts and Government Offices

Monroe County Courthouse – Marathon Branch 3117 Overseas Hwy, Marathon, FL 33050. Handles county civil cases up to $50,000. 16th Judicial Circuit Court – Plantation Key If damages exceed $50,000, your lawsuit is filed in circuit court. The Marathon Clerk’s office can forward pleadings.

Hospitals and Trauma Centers

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

• Baptist Health Mariners Hospital – 91500 Overseas Hwy, Tavernier.

• Jackson Memorial Ryder Trauma Center (Level I) – Miami. Airlift availability via Monroe County Fire Rescue.

Law Enforcement & Crash Reports

Crash reports are available online from the FLHSMV Crash Portal 10 days after submission. Monroe County Sheriff’s Office provides local incident reports.

Consumer Help

Florida Department of Financial Services Consumer Helpline – Insurance complaints. Florida Bar Consumer Pamphlets – Understanding legal rights.

Conclusion

Whether you were rear-ended near the Seven Mile Bridge, injured in a boating mishap off Sombrero Beach, or slipped at a local resort, Florida law provides a pathway to financial recovery. Yet statutes of limitation, PIP rules, and comparative fault defenses can erode your claim if you delay or go it alone. Gathering evidence quickly, seeking qualified medical care, and consulting a licensed Florida personal injury lawyer place you in the strongest possible position.

Legal Disclaimer: This guide provides general information based on Florida statutes, rules, and publicly available data. It is not legal advice. For advice on your specific situation, 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.