Personal Injury Rights Guide – Plantation, Florida

Introduction: Why This Guide Matters to Plantation Residents

Traffic along University Drive, Broward Boulevard, and Interstate 595 makes Plantation, Florida a vibrant but accident-prone suburb in central Broward County. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) 2022 Crash Facts Report, Broward County recorded more than 41,000 crashes in a single year—thousands of which occurred in and around Plantation. Whether your injury stemmed from a rear-end collision near the Westfield Broward Mall, a slip-and-fall at a local grocery store, or a cycling crash on the Plantation Preserve Trail, Florida law gives you clear—yet time-sensitive—rights to pursue compensation. This guide explains those rights, the relevant statutes, and the local resources that can help you protect your well-being and your claim.

We rely exclusively on authoritative sources such as the Florida Statutes, the Florida Rules of Civil Procedure, official FLHSMV data, published opinions of Florida appellate courts, and guidance from the Florida Bar. Every fact presented below can be verified in those materials; if a point lacks support, it has been omitted. Our focus is factual, slightly tilted toward protecting injury victims without exaggeration.

Understanding Your Personal Injury Rights in Florida

Florida’s Fault and Comparative Negligence Standards

Florida follows a modified comparative negligence model codified at Fla. Stat. §768.81. If you were 50 percent or less at fault, you may recover damages reduced by your percentage of fault; if you were more than 50 percent at fault you cannot recover. Example: A Plantation cyclist found 20 percent responsible for failing to use lighting can still recover 80 percent of proven damages from a motorist who was 80 percent at fault.

Statute of Limitations

• General Negligence: Two years from the date of injury (Fla. Stat. §95.11(4)(a), amended 2023).

• Medical Malpractice: Two years from when the incident was discovered or should have been discovered, but no more than four years from the act (Fla. Stat. §95.11(4)(b)).

• Wrongful Death: Two years (Fla. Stat. §95.11(4)(d)).

Failing to file suit within these deadlines almost always bars recovery—courts strictly enforce them.

No-Fault (PIP) Requirements for Motor Vehicle Crashes

Under Florida’s no-fault insurance scheme (Fla. Stat. §627.736), every owner of a motor vehicle registered in Florida must carry at least $10,000 in Personal Injury Protection (PIP). After a Plantation auto collision, your own PIP coverage pays up to 80 percent of reasonable medical expenses and 60 percent of lost wages regardless of fault, but only if you seek treatment within 14 days. Serious injuries that meet the “threshold injury” definition—significant and permanent loss of bodily function, permanent injury, significant scarring, or death—permit you to step outside the no-fault system and sue the at-fault driver.

Common Types of Personal Injury Cases in Plantation and Statewide

Motor Vehicle Accidents

With the convergence of I-595, Florida’s Turnpike, and University Drive, vehicle collisions make up the bulk of Plantation personal injury claims. According to FLHSMV, Broward County recorded 268 traffic fatalities in 2022. Common causes include distracted driving, speeding during South Florida’s frequent rainstorms, and intersection crashes at Pine Island Road.

Premises Liability (Slip, Trip & Fall)

Florida property owners owe invitees a duty to maintain reasonably safe premises (Fla. Stat. §768.0755). If you slipped on a wet floor at a Plantation supermarket or tripped over uneven pavement outside a local café, you may claim damages by proving the owner knew—or should have known—about the hazard and failed to correct it.

Medical Malpractice

Plantation residents often seek care at HCA Florida Westside Hospital or Broward Health Medical Center. Alleged negligence—surgical errors, misdiagnosis, or medication mistakes—triggers pre-suit screening under Fla. Stat. §766.106. You must provide the health-care provider with a verified written medical opinion before filing suit.

Product Liability

Under Florida’s strict liability doctrine, manufacturers may be liable for unreasonably dangerous products distributed in Plantation, whether faulty bicycle components sold by a local retailer or defective household appliances that cause burns.

Negligent Security

Apartment complexes and shopping centers in Plantation must take reasonable steps—adequate lighting, functioning locks, security patrols—to protect patrons from foreseeable criminal acts. When they fail, victims of assault or robbery may sue the property owner for negligent security.

Florida Legal Protections & Injury Laws

Damages Available

• Economic: Medical bills, rehabilitation costs, lost wages, diminished earning capacity.

• Non-Economic: Pain and suffering, emotional distress, loss of enjoyment of life.

• Punitive: Awarded only when defendant’s conduct was intentional or grossly negligent (Fla. Stat. §768.72), and capped at three times compensatory damages or $500,000 in most cases.

Collateral Source Rule

Under Fla. Stat. §768.76, a defendant may have verdicts reduced by amounts already paid to the plaintiff from collateral sources, such as insurance—except for rights of subrogation.

Attorney’s Fees & Contingent Representation

Florida lawyers may charge contingency fees for personal injury matters but must comply with Rule 4-1.5(f) of the Rules Regulating the Florida Bar. Typical fee caps: 33⅓ percent before filing suit on recoveries up to $1 million; higher after filing or if defense answers complaint.

Court Procedures

Personal injury lawsuits in Plantation are filed in the Broward County Circuit Court. Cases with damages not exceeding $50,000 may be filed in County Court. Florida follows the Florida Rules of Civil Procedure, which mandate pre-trial discovery, mediation, and—if unresolved—trial by jury.

Steps to Take After a Personal Injury in Florida

• Seek Immediate Medical Attention. Under PIP, treatment within 14 days is required. Broward Health or a licensed urgent-care clinic satisfies this requirement.

• Report the Incident. Call police for motor-vehicle crashes (Fla. Stat. §316.066 requires a crash report if damage exceeds $500 or injuries occur). For premises injuries, notify the property manager in writing.

• Document Evidence. Smartphones allow you to photograph hazards on Peters Road, skid marks on State Road 84, or bruising from a dog bite. Preserve torn clothing and defective products.

• Collect Witness Information. Obtain names, phone numbers, and statements while memories are fresh.

• Inform Your Insurer. Most auto policies require prompt notice; delay can jeopardize coverage.

• Keep Comprehensive Records. Maintain medical bills, pharmacy receipts, therapy logs, and missed-work documentation. Florida law permits recovery of proven past and future expenses.

• Consult a Licensed Florida Attorney. Early legal counsel preserves evidence and prevents mistakes in recorded statements to insurers.

When to Seek Legal Help in Florida

While minor fender-benders sometimes settle through PIP alone, Plantation victims should consult counsel if they experience:

• Serious or Permanent Injuries. Threshold injuries justify stepping outside Florida’s no-fault system.

• Disputed Liability. Comparative fault arguments can sharply reduce recovery.

• Lowball Insurance Offers. Insurers may undervalue pain, suffering, or future treatment cost.

• Complex Medical Evidence. Malpractice and traumatic brain injury cases often hinge on expert testimony and strict pre-suit procedures.

• Approaching Statute of Limitations. Waiting too close to the deadline risks dismissal.

An experienced personal injury lawyer Plantation Florida residents trust can evaluate your case, negotiate with insurers, and, when necessary, file suit in the Broward County courthouse on S.E. 6th Street.

Local Resources & Next Steps

Hospitals & Treatment Centers

• HCA Florida Westside Hospital – 8201 W. Broward Blvd., Plantation

• Broward Health Medical Center – 1600 S. Andrews Ave., Fort Lauderdale (approx. 6 miles east)

• Plantation Urgent Care – Multiple walk-in clinics along University Drive

Government Agencies

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Obtain crash reports. Florida Department of Financial Services Consumer Services – Insurance complaints. The Florida Bar – Verify attorney licensing and discipline.

Courthouse Information

Personal injury suits arising in Plantation are typically filed at the Seventeenth Judicial Circuit Court, Broward County, 201 S.E. 6th Street, Fort Lauderdale, FL 33301.

Next Steps

Gather all relevant documentation, observe the two-year statute of limitations, and contact a qualified Plantation accident attorney before providing recorded statements or signing releases. A seasoned lawyer will calculate damages, negotiate liens, and, if necessary, litigate aggressively.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney 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.