St. Petersburg Guide to Florida Personal Injury Law

12 min read

Introduction: Why This Guide Matters for St. Petersburg Injury Victims

Whether you were rear-ended on I-275, slipped on a sidewalk along Central Avenue, or suffered a boating mishap on Tampa Bay, understanding Florida personal injury law in St. Petersburg is essential to protecting your health and your finances. Pinellas County recorded 17,875 traffic crashes in 2022 alone, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Add thousands of annual fall injuries, workplace accidents, and product-related harms, and it becomes clear why so many local residents search for a “St. Petersburg accident attorney.” This guide breaks down Florida’s unique legal rules, deadlines, and insurance requirements from the injured person’s perspective. You will find:

• Statutes of limitations and the new 2023 modified comparative negligence rule

• Actionable steps to build a strong claim

• Key Florida agencies, courts, and local resources

• When and why to contact an experienced lawyer

If you have questions after reading, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Florida Personal Injury Law

1. Statute of Limitations: Two-Year Clock for Negligence

The 2023 tort reform bill (HB 837) shortened most negligence deadlines. Under Florida Statutes § 95.11(4), you now have two years from the date of injury to file a lawsuit (medical malpractice retains two years from discovery with a four-year cap). Missing the statute of limitations generally bars recovery entirely.

2. Modified Comparative Negligence

For negligence actions filed after March 24, 2023, Florida moved from a pure to a modified comparative negligence system (§ 768.81). If you are found more than 50 percent at fault, you cannot recover damages. Otherwise, damages are reduced by your percentage of fault. Medical malpractice cases remain under the prior pure comparative rule.

3. Mandatory No-Fault (PIP) Auto Insurance

Every owner of a motor vehicle registered in Florida must carry $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability. PIP pays 80 percent of reasonable medical bills and 60 percent of lost wages up to policy limits, regardless of fault (§ 627.736). To step outside the no-fault system and sue the at-fault driver, victims must meet the serious injury threshold (significant and permanent loss of a bodily function, permanent injury, significant scarring, or death).

4. Damages Available

• Economic: Medical bills, rehabilitation, prescription costs, lost wages, loss of future earning capacity, out-of-pocket expenses.

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

• Punitive: Available when the defendant’s conduct was intentional or grossly negligent, capped at the greater of $500,000 or three times compensatory damages in most cases (§ 768.73).

Common Types of Personal Injury Cases in Florida

1. Auto and Motorcycle Accidents

Car, truck, and motorcycle crashes are governed by Florida’s no-fault law, PIP requirements, and fault principles noted above. Plaintiffs must prove duty, breach, causation, and damages. Motorcyclists are exempt from PIP, so they typically pursue bodily injury claims directly against the at-fault driver’s liability policy.

2. Slip, Trip, and Fall Incidents

Premises liability claims require showing the property owner had actual or constructive knowledge of a dangerous condition and failed to remedy it. For businesses like supermarkets, § 768.0755 places the burden on plaintiffs to prove knowledge, often with incident reports, surveillance footage, or prior complaints.

3. Boating and Watercraft Accidents

With Tampa Bay and the Gulf of Mexico nearby, boating is a popular pastime. Claims usually invoke federal maritime law or Florida negligence standards. Operators owe a duty of reasonable care, including adherence to navigation rules and speed limits. Alcohol-related boating crashes may trigger punitive damages.

4. Workplace Injuries

Employees normally recover through the Florida Workers’ Compensation system, administered by the Florida Department of Financial Services – Division of Workers' Compensation. However, third-party claims (e.g., against a negligent subcontractor or product manufacturer) can supplement benefits.

5. Defective Products

Florida recognizes strict liability, negligence, and breach-of-warranty theories. Plaintiffs must prove the product was unreasonably dangerous and caused injury while used as intended or in a reasonably foreseeable manner.

6. Wrongful Death

Florida’s Wrongful Death Act (§ 768.16-768.26) allows the personal representative of the decedent’s estate to recover damages for survivors, including lost support and companionship, funeral expenses, and medical bills. The filing deadline is two years from death.

Florida Legal Protections & Regulations

1. Medical Malpractice Caps and Pre-Suit Requirements

Florida caps non-economic damages in med-mal cases involving practitioners at $500,000 per claimant and $1 million for death or vegetative state (§ 766.118). Plaintiffs must follow a stringent pre-suit investigation and notice process (§ 766.106), including an expert affidavit.

2. Sovereign Immunity Limits

Actions against state and local governments (including the City of St. Petersburg) are limited to $200,000 per person and $300,000 per incident under § 768.28, unless the legislature passes a claims bill.

3. Recent Court Decisions Affecting Claims

• Wilson v. State Farm (Fla. 2022) affirmed that bad-faith insurance claims may proceed after an excess verdict even if the insurer tendered policy limits before judgment.

• Lewis v. City of St. Petersburg (2d DCA 2021) clarified notice requirements for sidewalk defect claims against municipalities.

4. Attorney Licensing & Fees

Florida personal injury lawyers must be members in good standing of The Florida Bar. Contingency fee agreements are governed by Rule 4-1.5(f), capping fees (e.g., 33⅓ percent of pre-suit recovery up to $1 million). Written, client-signed contracts are mandatory.

Steps to Take After an Injury

Seek Immediate Medical Attention

Your health comes first and prompt care documents causation. Under PIP, you must obtain initial treatment within 14 days of a crash to access benefits.

Report the Incident

• Motor vehicle accidents: Call 911; officers will file a Florida Traffic Crash Report (required if injuries or property damage exceed $500).

• Slip-and-fall: Notify store or property management and request an incident report copy.

• Boating accident: Report to the Florida Fish and Wildlife Conservation Commission if injury, death, or $2,000 in damage occurs.

Document Everything

Use your phone to photograph hazards, vehicle positions, weather, and visible injuries. Collect witness names and contact information.

Preserve Evidence

Save medical records, invoices, pay stubs, damaged products, and any correspondence with insurers. Keep a daily pain journal describing symptoms and limitations.

Notify Insurers Promptly but Cautiously

Most auto policies require notice within 24-48 hours. Provide basic facts; do not give recorded statements or sign releases without legal advice.

Consult a Qualified Personal Injury Lawyer

Early legal counsel helps avoid mistakes, preserves evidence, and maximizes leverage during negotiations.

When to Seek Legal Help in Florida

While minor fender-benders may resolve through PIP, you should speak with an attorney if:

• You sustained severe or permanent injuries.

• Your medical bills exceed PIP limits.

• Fault is disputed or you may share liability.

• An insurance company delays, denies, or undervalues your claim.

• You suffered a workplace injury but believe a third party is responsible.

Louis Law Group has recovered millions for Florida injury victims and offers:

• Free, no-obligation consultations

• 24/7 availability by phone, text, or email

• No fees unless we win (contingency)

• Bilingual staff serving English and Spanish speakers

Call 833-657-4812 now to discuss your options with a dedicated personal injury lawyer Florida residents trust.

Local Resources & Next Steps

1. Government Agencies

Pinellas County Clerk of the Circuit Court & Comptroller – file civil actions and access court records. FLHSMV Crash Report Portal – obtain your accident report online. Division of Workers' Compensation – claim forms and benefit information.

2. Legal Aid & Bar Associations

• Community Law Program (St. Petersburg): (727) 582-7480

• St. Petersburg Bar Association Lawyer Referral Service: (727) 823-7474

3. Taking Action Today

Time limits move quickly, and evidence can disappear within days. Preserve your rights by:

• Scheduling follow-up medical appointments and following doctor orders.

• Keeping all receipts and mileage logs for case-related travel.

• Contacting an attorney before speaking with opposing insurers.

If you’ve been injured in Florida, call Louis Law Group at 833-657-4812 for a free case evaluation today.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Always consult a licensed Florida attorney regarding your specific circumstances.