What is the statute of limitations for wrongful death in Florida?

Wrongful death claims must be filed within two years from the date of death.

What is Florida’s comparative negligence rule?

Florida follows modified comparative negligence. You can recover damages only if you are 50 percent or less at fault.

Can I recover damages if I am partially at fault in Florida?

Yes. Your compensation is reduced by your percentage of fault as long as you are not more than 50 percent responsible.

What happens if I am more than 50 percent at fault in Florida?

You cannot recover damages in a negligence claim if you are more than 50 percent at fault.

Is Florida a no-fault state?

Yes. Florida requires drivers to carry Personal Injury Protection coverage for motor vehicle accidents.

How much PIP coverage is required in Florida?

Florida requires at least 10,000 dollars in Personal Injury Protection coverage.

What does PIP cover in Florida?

PIP covers 80 percent of medical bills and 60 percent of lost wages up to the policy limit.

How soon must I seek treatment to use PIP in Florida?

You must seek medical treatment within 14 days of the accident.

When can I sue after a Florida car accident?

You can file a liability claim if you suffer a serious injury such as permanent impairment, significant scarring, or loss of bodily function.

What damages can I recover in a Florida personal injury case?

You may recover medical expenses, lost wages, loss of earning capacity, pain and suffering, and future care costs.

What are economic damages?

Economic damages include medical bills, lost income, and other measurable financial losses.

What are non-economic damages?

Non-economic damages include pain and suffering, mental anguish, and loss of enjoyment of life.

Can I recover future medical expenses?

Yes. Florida law allows recovery of reasonably certain future medical costs.

What are punitive damages in Florida?

Punitive damages are awarded for intentional misconduct or gross negligence under Florida Statutes section 768.73.

Are punitive damages capped in Florida?

They are generally limited to three times compensatory damages or 500000 dollars.

How do medical bills work after HB 837?

Juries may see the amount actually paid for treatment and insurance reimbursement rates.

What is a letter of protection in Florida?

It is an agreement where medical providers treat a patient and are paid from the settlement or verdict.

Are letters of protection disclosed in court?

Yes. Florida law now allows disclosure of letters of protection.

How long do medical malpractice cases take in Florida?

They often take longer because of pre-suit investigation and expert requirements.

Is there a cap on medical malpractice pain and suffering?

No. Florida courts have ruled caps on non-economic damages unconstitutional.

What is the statute of repose for medical malpractice in Florida?

Four years from the date of the incident in most cases.

Can I sue the government in Florida for an injury?

Yes, but you must follow the notice requirements under Florida Statutes section 768.28.

Are there damage caps for government claims in Florida?

Yes. The limit is 200000 dollars per person and 300000 dollars per incident unless a claims bill is passed.

Do I have to give notice before suing the government?

Yes. Pre-suit written notice and an investigation period are required.

What evidence is important in a Florida injury case?

Medical records, accident reports, witness statements, photos, and expert testimony are critical.

How does surveillance affect Florida injury cases?

Insurance companies often use surveillance to argue comparative fault or dispute injuries.

Why is early investigation important?

Evidence can be lost quickly and the statute of limitations is only two years.

What types of cases fall under Florida personal injury law?

Car accidents, truck accidents, slip and falls, negligent security, product liability, medical malpractice, and wrongful death.

What must be proven in a negligence case?

Duty of care, breach, causation, and damages.

What is duty of care?

A legal obligation to act reasonably to avoid causing harm to others.

What is causation in a Florida injury claim?

It means the defendant’s actions directly caused the injury.

Can I recover lost earning capacity?

Yes. Florida allows recovery for reduced ability to earn income in the future.

Can I recover for mental anguish?

Yes. Mental anguish is part of non-economic damages.

Can family members recover damages?

In wrongful death cases, certain family members may recover under Florida law.

Do I have to go to court to get compensation?

Not always. Many Florida injury cases settle, but trial may be necessary to obtain full value.

How are settlements calculated?

They are based on liability, damages, medical evidence, and comparative fault.

What role do expert witnesses play?

Experts help prove medical necessity, future costs, and causation.

How do insurance companies evaluate claims in Florida?

They review medical records, liability evidence, and comparative fault exposure.

Can social media affect my injury case?

Yes. Posts can be used to challenge the severity of injuries or fault.

Should I give a recorded statement to the insurer?

You should consult an attorney before giving any recorded statement.

What if the at-fault driver has no insurance?

You may still recover through uninsured motorist coverage if available.

What is loss of enjoyment of life?

It is compensation for the inability to participate in normal activities after an injury.

Can I recover for permanent disability?

Yes. Permanent impairment can increase the value of a Florida injury claim.

Do I pay attorney fees upfront?

Most Florida personal injury attorneys work on a contingency fee basis.

What does contingency fee mean?

You pay no fees unless compensation is recovered.

How long does a Florida injury case take?

It depends on the severity of injuries, liability disputes, and whether the case goes to trial.

Why should I hire a Florida personal injury attorney?

An attorney can protect your rights, gather evidence, handle insurers, and maximize compensation under Florida law.

Florida Personal Injury Attorney (2026) – 2-Year Deadline, No Fee Unless We Win

Florida Personal Injury Attorney

Florida Injury Law, Deadlines, and Your Right to Compensation

If you were injured because of someone else’s negligence in Florida, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Florida law changed significantly in 2023, and these changes continue to affect injury claims in 2024–2026.

Under current Florida law, most injury victims now have only two years to file a claim. Insurance companies begin building defenses immediately, which is why early legal action is critical.

Testimonials

Injured in Florida? You Have Only 2 Years to File

✔ Free consultation
✔ No fees unless we win
✔ We handle the insurance companies
✔ We prepare every case for trial

Call now or contact us online to protect your rights under Florida law.

What Is the Florida Personal Injury Statute of Limitations?

Q: How long do I have to file a personal injury claim in Florida?

Most negligence claims must be filed within two years under Florida Statutes section 95.11.

Under Florida Statutes § 95.11
Most negligence claims must be filed within two years of the date of injury.

This applies to:

Car accidents
Slip and fall injuries
Negligent security
General personal injury

Wrongful death claims also carry a two-year deadline.

Medical malpractice:

2 years from discovery
4-year statute of repose

Courts across Florida are strictly enforcing these deadlines in 2025–2026.

Florida’s Modified Comparative Negligence Rule

Florida follows a modified comparative negligence system under Fla. Stat. § 768.81

You may recover damages only if you are 50% or less at fault.

Your compensation is reduced by your percentage of fault.

If you are more than 50% at fault, you cannot recover damages.

In 2026, insurers aggressively use this rule to reduce payouts, making early evidence collection essential.

Florida No-Fault Law and PIP Requirements

Florida is a no-fault state for motor vehicle accidents.

Drivers must carry:

$10,000 Personal Injury Protection (PIP)

PIP covers:

80% of medical bills
60% of lost wages
Treatment must begin within 14 days

You may step outside the no-fault system if you suffer a serious injury, including:

Permanent injury
Significant scarring
Loss of bodily function

➡️ Florida car accident lawyer

Medical Billing Evidence Under HB 837

House Bill 837 changed how medical damages are presented in Florida courts.

Juries may now see:

The amount actually paid for treatment
Insurance reimbursement rates
Letters of protection

These rules directly affect:

Case value
Settlement negotiations
Trial strategy

Proper medical documentation is now essential.

What Compensation Can You Recover in Florida?

Florida law allows recovery of:

Economic Damages

Medical expenses
Future medical care
Lost wages
Loss of earning capacity

Non-Economic Damages

Pain and suffering
Mental anguish
Loss of enjoyment of life

Florida does not cap compensatory damages in standard personal injury cases.

Get Help Calculating the Full Value of Your Case

Many Florida injury victims underestimate:

Future medical costs
Lost earning capacity
Pain and suffering

We work with medical and economic experts to document the true value of your claim.

Request your free Florida injury case review today.

Punitive Damages in Florida

Punitive damages are governed by Fla. Stat. § 768.73

They require proof of:

Intentional misconduct, or
Gross negligence

They are generally limited to:

Three times compensatory damages, or
$500,000

A separate evidentiary showing is required before punitive damages can be pursued.

Medical Malpractice in Florida

Medical malpractice claims require:

Pre-suit investigation
Verified medical expert opinion
Statutory notice procedures

Florida courts have ruled that caps on non-economic damages in medical malpractice cases are unconstitutional, so there is no current cap on pain and suffering.

➡️ Florida medical malpractice attorney

Claims Against Government Entities in Florida

Claims against government agencies are governed by Fla. Stat. § 768.28

Requirements include:

Pre-suit written notice
Investigation period before filing
Damage caps of
- $200,000 per person
- $300,000 per incident

Courts strictly enforce these procedural rules.

Types of Florida Personal Injury Cases We Handle

Florida personal injury law applies to:

Car accidents
Truck accidents
Slip and fall injuries
Negligent security
Product liability
Medical malpractice
Wrongful death

➡️ Florida truck accident attorney

➡️ Florida slip and fall lawyer

Every case requires proof of:

Duty of care
Breach
Causation
Damages

Why Acting Quickly Matters in Florida

Because of the two-year statute and new evidence rules:

Surveillance footage can be erased within days
Vehicles may be repaired or destroyed
Witness memories fade
Insurance companies begin building defenses immediately

Early legal representation helps preserve evidence and protect your claim.

A Human Approach to Florida Injury Law

Personal injury cases are about real people facing:

Lost income
Medical treatment
Long-term recovery

Florida juries respond to credible medical evidence, clear documentation, and real human impact.

Building a strong case means telling the full story of how an injury affects your life.

Why Choose Perkins Law Offices for Your Florida Injury Case

Focused on Florida personal injury law
Extensive experience with serious injury claims
Trial-ready litigation strategy
Direct attorney access
Contingency fee representation

Speak With a Florida Personal Injury Attorney Today

The two-year deadline is already running.
Evidence can disappear in days.

Let us:

Investigate your case
Preserve critical evidence
Handle the insurance companies
Fight for maximum compensation

An experienced Florida personal injury attorney can:

Investigate your claim immediately
Protect you under the 50% fault rule
Document medical damages under HB 837
Negotiate with insurance companies
Take your case to trial if necessary

If you were injured in Florida, you may be entitled to compensation under current Florida law. Free consultation. No fee unless we recover compensation for you.

Florida Personal Injury FAQs

How long do I have to file a personal injury claim in Florida?
Two years in most negligence cases.

Can I recover damages if I am partially at fault?
Yes, if you are 50% or less at fault.

Do I have to use PIP first after a car accident?
Yes, PIP is primary coverage.

Are pain and suffering damages capped?
No, not in standard personal injury cases.

Do medical bills have to show what was actually paid?
Yes, under current Florida evidence rules.

By pedro prince|2026-02-19T12:47:18+00:00February 14th, 2026|Florida Personal Injury Attorney|Comments Off