You most likely have a personal injury case in Florida If you were injured, someones else was at fault, or you suffered real losses, depending on the details and circumstances of the accident.
What Makes a Personal Injury Case in Florida?
To bring a valid personal injury claim in Florida, a few key conditions need to be met:
1. You Were Injured
This seems obvious, but people often second-guess themselves. You don’t need to be in critical condition to file an injury claim. Even injuries like whiplash, herniated discs, or emotional trauma can be enough if they’ve affected your life, required treatment, or caused you to miss work.
Under Florida law, you must seek medical care within 14 days of the accident to qualify for Personal Injury Protection (PIP) benefits through your auto insurance (Florida Statute 627.736). That clock starts ticking the day of the accident.
2. Someone Else Was at Fault
Florida uses a “comparative fault” system (as revised by House Bill 837 in 2023). This means that you can still recover damages even if you were partially at fault, as long as you were less than 50% responsible for the accident. But your compensation is reduced by your percentage of fault.
So if a distracted driver hit you, or a business failed to clean up a spill, and you were injured as a result, that could be the foundation for a claim.
3. You Suffered Real Losses
Physical pain isn’t the only thing that counts. If your injuries caused you to miss work, undergo surgery, pay out-of-pocket for care, or deal with emotional distress, those damages can be part of your case. In Florida, damages can include:
1. You Were Injured
This seems obvious, but people often second-guess themselves. You don’t need to be in critical condition to file an injury claim. Even injuries like whiplash, herniated discs, or emotional trauma can be enough if they’ve affected your life, required treatment, or caused you to miss work.
Under Florida law, you must seek medical care within 14 days of the accident to qualify for Personal Injury Protection (PIP) benefits through your auto insurance (Florida Statute 627.736). That clock starts ticking the day of the accident.
2. Someone Else Was at Fault
Florida uses a “comparative fault” system (as revised by House Bill 837 in 2023). This means that you can still recover damages even if you were partially at fault, as long as you were less than 50% responsible for the accident. But your compensation is reduced by your percentage of fault.
So if a distracted driver hit you, or a business failed to clean up a spill, and you were injured as a result, that could be the foundation for a claim.
3. You Suffered Real Losses
Physical pain isn’t the only thing that counts. If your injuries caused you to miss work, undergo surgery, pay out-of-pocket for care, or deal with emotional distress, those damages can be part of your case. In Florida, damages can include:
- Medical bills and future treatment
- Lost wages or diminished earning capacity
- Pain and suffering
- Property damage
- Disfigurement or permanent impairment
Florida’s Statute of Limitations = 2 Years
As of 2023, Florida now gives you two years (not four) to file a personal injury lawsuit after most accidents (Florida Statute 95.11). If you miss that deadline, your case may be permanently barred, regardless of how strong it is.
This change came as part of the broader tort reform package signed by Governor Ron DeSantis in March 2023. The reforms were described as a way to "rebalance the scales of justice in Florida" by reducing frivolous lawsuits. But for injury victims, it also means there’s far less time to act.
This change came as part of the broader tort reform package signed by Governor Ron DeSantis in March 2023. The reforms were described as a way to "rebalance the scales of justice in Florida" by reducing frivolous lawsuits. But for injury victims, it also means there’s far less time to act.
When to Call a Florida Personal Injury Lawyer
We would recommend that you call a personal injury lawyer even before you call your insurance company. There are situations where legal help makes a real difference. You should absolutely call a personal injury lawyer if:
- Your injuries are serious or long-term
- You’re missing work or struggling with bills
- You’re being pressured to settle quickly
- You’re unsure who caused the accident
- Your insurance claim was denied or delayed
Wilkes & Mee is a personal injury law firm in Jacksonville, Florida helping injured victims of car accidents, railroad accidents, and slip & fall accidents, as well as wrongful death claims.