Florida injury claims

From Miami, Orlando and Tampa to the rural counties in between, people in Florida are hurt in car crashes, falls, workplace accidents and more. This page covers the Florida-specific rules that frame those claims and how to get a free review from an independent attorney licensed in the state.

Where people get hurt in Florida: cities, roads and industries

Population in Florida centers on Miami, Orlando, Tampa, Jacksonville and Tallahassee, and each of those areas has its own mix of commuter roads, busy shopping districts and older buildings where people get hurt.

The main corridors, I-95, I-4, I-75 and Florida's Turnpike, connect those cities and carry a heavy share of freight and commuter traffic. Work zones, merges and interchanges along these routes are where many multi-vehicle crashes happen.

Industries such as tourism and theme parks, construction, agriculture and healthcare employ a large share of Florida's workforce, and each brings its own injury risks that can lead to workers' comp and third-party claims.

Common injury claims in Florida

Florida's fault rule in plain words

Florida uses modified comparative fault with a 51% bar. In plain words, an injured person can recover as long as their share of the blame is 50% or less, and the recovery is reduced by that share. At 51% or more, recovery is barred. Florida moved to this rule in 2023 through HB 837, replacing its earlier pure comparative system.

Insurers in Florida know this rule well, and on a disputed claim from Orlando or a chain-reaction wreck on I-4 they may argue for a higher share of fault for the injured person.

Filing time frames in Florida (general information)

The general limitations statute for personal injury in Florida is F.S. § 95.11(4)(a) (HB 837). Our sources describe its general period this way: 2 yrs (accruing after 3/24/2023); 4 yrs before. Changes and special rules apply, so treat this only as a starting point.

Wrongful death claims have their own listed period: 2 yrs (F.S. § 95.11(4)(e)).

These are general rules, not a deadline for any one person. Discovery rules, the age of the injured person, claims against government bodies and other exceptions can make the real time frame shorter or longer, and evidence fades long before any legal cutoff. Only a licensed attorney can say what applies to a specific claim.

Claims against a government agency in Florida

When the party at fault is a public body, such as a Florida agency, a city bus system or a county road department, different rules apply.

We have not confirmed Florida's specific notice rules for government claims, so we don't list them here. Many states require written notice within a short window, sometimes months rather than years.

These rules apply to everything from a county truck on I-95 to a fall at a public building in Tampa, and missing a notice step can end a claim.

Car insurance in Florida: minimums and PIP

Florida's minimum auto insurance requirement is listed as 0/0/10 + PIP.

Florida lists personal injury protection (PIP) among its required coverages. Under a no-fault approach, a person's own PIP coverage usually pays first for medical bills and some lost income, and suing the other driver may require meeting a threshold.

Animal bite liability in Florida

Florida is a statutory state for animal bite claims (§ 767.04). Rather than the common-law one-bite approach, owner responsibility generally turns on the statute's terms, with exceptions for things like provocation or a person who was not lawfully on the property.

Whatever the rule, save photos of the injury, the owner's name and address, vaccination information and any animal-control report. Read more on our animal bite claims page.

Workers' compensation in Florida

Workers' compensation is a no-fault system: injured employees receive benefits for medical care and lost wages without proving their employer was careless, and in exchange the employer is generally protected from being sued. That is often called the exclusive remedy rule.

Comp claims can be disputed when a worker is classified as an independent contractor, when the injury happened outside the course of work, or when notice to the employer was late. For workers in tourism and theme parks or agriculture, reporting an injury to a supervisor promptly, in writing, is a good habit.

When someone other than the employer caused the injury, such as an equipment maker or another contractor on a job site in Orlando, a separate third-party claim may be possible.

What to do after an injury in Florida

1. See a doctor promptly and keep every record. Gaps in treatment are a common reason claims get disputed.
2. Make sure there is an official record, whether a police report, a store incident report or written notice to your employer.
3. Save photos, video, receipts, wage records and the other side's insurance details in one place.
4. Don't guess about fault when talking to insurers; stick to the facts you know.
5. File a free claim or call (833) 822-7800 to have an independent attorney licensed in Florida review it.