The Florida Personal Injury Guide
Quick Answer
A Florida injury claim requires proving another party's negligence caused your harm. Most claims must be filed within two years, recovery is reduced by your share of fault and barred above 50%, and damages include medical costs, lost income, and pain and suffering.
Key Takeaways
- Two-year deadline for most negligence claims arising on or after March 24, 2023.
- Modified comparative negligence bars recovery above 50% fault.
- Insurance limits, not just injury severity, determine realistic recovery.
Step One: Medical Care and Documentation
Treatment protects both your health and your claim. Gaps in care are the most common argument used to devalue an otherwise strong case, and in auto claims Florida's 14-day rule can forfeit PIP benefits entirely.
Step Two: Liability Investigation
Reports, photographs, video, witness statements, and physical evidence are collected while they still exist. Preservation letters go out early when video or electronic data is involved.
Step Three: Valuation and Demand
Once treatment stabilizes or permanence is established, a documented demand package is presented to every available carrier, supported by records, billing, wage loss proof, and expert opinion where needed.
Step Four: Litigation If Necessary
If the evaluation is unreasonable, suit is filed and discovery begins. Most cases still resolve at mediation, but only a trial-ready file produces a fair settlement number.