Florida Personal Injury Law Jacksonville Guide to Your Rights

Estimated reading time shown at the end • Last updated June 2024 • This guide is for informational purposes only and does not create an attorney-client relationship.

Introduction: Why Jacksonville Victims Need to Understand Florida Personal Injury Law

Jacksonville’s fast-growing population, busy port, and extensive highway network (I-95, I-10, and the Arlington Expressway, to name a few) unfortunately translate into thousands of preventable injuries every year. Whether you were rear-ended on the Buckman Bridge, slipped on a wet supermarket floor in Arlington, or suffered a catastrophic boating accident on the St. Johns River, knowing your legal rights under Florida personal injury law determines whether you receive fair compensation or shoulder expenses alone. This comprehensive guide—written for injured individuals in Jacksonville—breaks down Florida statutes, key court decisions, and practical steps so you can move forward with confidence.

Personal injury claims in Florida commonly arise from:

• Auto and truck collisions

• Slip, trip, and fall incidents

• Boating and maritime accidents

• Workplace injuries

• Defective or dangerous products

• Wrongful death caused by another’s negligence or misconduct

Because the law changed significantly in March 2023—shortening the statute of limitations for negligence cases to two years and shifting to a modified comparative negligence rule—delay can permanently bar your claim. Read on for the details every Jacksonville claimant should know before speaking with insurers or accepting a quick settlement.

Understanding Florida Personal Injury Law

1. Statute of Limitations

Under Florida Statute §95.11, most negligence-based personal injury actions must be filed within two years of the date of injury if the incident occurred on or after 24 March 2023 (four years still applies to older events). Wrongful death actions remain at two years, while medical malpractice still has its own two-year discovery rule and four-year statute of repose. Missing these deadlines generally eliminates your right to sue.

2. Florida’s Modified Comparative Negligence Rule

House Bill 837 replaced the state’s former pure comparative negligence system. Now, if you are more than 50 percent at fault for the accident, you cannot recover damages (except in medical malpractice cases, which still follow pure comparative negligence). If you are 50 percent or less at fault, your award is reduced by your percentage of fault.

3. Mandatory Personal Injury Protection (PIP)

Florida is a “no-fault” auto insurance state. Every owner of a registered vehicle must carry at least $10,000 in PIP coverage. After a crash you turn first to your own PIP, which pays 80 percent of reasonable medical expenses and 60 percent of lost wages up to the limit, regardless of who caused the collision. You may sue the at-fault driver only if you suffered a permanent injury or incurred expenses/lost income beyond PIP limits, as allowed by Fla. Stat. §627.737.

4. Damages in Florida Personal Injury Cases

• Economic damages: medical bills, future treatment, lost wages, diminished earning capacity, property damage.

• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life. Florida has no caps on non-economic damages in standard negligence cases (the Supreme Court struck down former med-mal caps in North Broward Hosp. Dist. v. Kalitan, 2017).

• Punitive damages: awarded only for intentional misconduct or gross negligence. Capped at three times compensatory damages or $500,000 under Fla. Stat. §768.73, unless special exceptions apply.

Common Types of Personal Injury Cases in Jacksonville, Florida

Auto and Truck Accidents

Duval County regularly reports more than 24,000 motor-vehicle crashes yearly, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). To prevail, you must prove the defendant owed a duty (drive safely), breached that duty (speeding, distracted driving), and caused your injuries and damages. Gathering traffic-camera footage from JTA intersections, black-box data from commercial trucks on I-295, and medical records from UF Health Jacksonville strengthens your claim.

Slip, Trip, and Fall

Property owners and businesses owe lawful visitors a duty to maintain premises in reasonably safe condition. Fla. Stat. §768.0755 places the burden on plaintiffs to show the business had actual or constructive knowledge of a dangerous condition (e.g., a puddle at the River City Marketplace food court) and failed to correct it.

Boating Accidents

With the St. Johns River, Intracoastal Waterway, and Atlantic Ocean access, Jacksonville sees heavy recreational boating. Claims may fall under state negligence law or federal maritime law. Key evidence includes Coast Guard reports, marine charts, and eyewitness statements. The statute of limitations for maritime injury can be as short as three years, so prompt action is vital.

Workplace Injuries

Most employees are covered by Florida’s no-fault workers’ compensation system. However, when a third party (e.g., negligent subcontractor at JaxPort) causes injury, you may pursue both workers’ comp and a civil personal injury claim.

Defective Products

Florida recognizes strict liability for design defects, manufacturing defects, and inadequate warnings. Plaintiffs must show the product was unreasonably dangerous and used as intended. The two-year statute of limitations applies, starting on the date of injury.

Wrongful Death

When negligence results in death, the personal representative of the estate may file a wrongful death action within two years under Fla. Stat. §768.19. Damages can include loss of support, companionship, mental pain and suffering for survivors, and funeral costs.

Florida Legal Protections & Regulations Affecting Injury Claims

Insurance Bad Faith

If an insurer unreasonably delays or denies benefits, Florida’s bad-faith laws (Fla. Stat. §624.155) allow claimants to recover extra-contractual damages, including excess judgments and attorney fees.

Pre-Suit Requirements

• Medical malpractice: Must serve a notice of intent and complete a 90-day investigative period (Fla. Stat. §766.106).

• Nursing home negligence: Requires a pre-suit notice with detailed medical records summary (Fla. Stat. §400.0233).

Sovereign Immunity Caps

When suing a state or local government entity—such as Jacksonville Transportation Authority—damages are capped at $200,000 per person and $300,000 per incident unless the legislature passes a claims bill.

Recent Court Decisions

• Florida Highway Patrol v. Jackson (2023): Clarified that a state trooper’s dash-cam footage is discoverable in civil suits.

• Harrell v. Perry (2022): Confirmed that social media posts are admissible if relevancy is shown and privacy settings do not bar discovery.

Staying updated on new appellate rulings can significantly impact claim valuation and litigation strategy.

Step-by-Step Guide: What to Do Immediately After an Injury in Jacksonville

1. Seek Medical Attention

Your health—and your claim—depend on prompt treatment. Under PIP rules you must receive initial care within 14 days of an auto accident to access benefits. Visit an emergency room (e.g., UF Health), urgent care, or licensed physician; document every symptom.

2. Report the Incident

• Auto crash: Call 911. Florida law mandates a police report if injuries, death, intoxication, or property damage over $500 is involved.

• Slip and fall: Notify the property manager and obtain a written incident report.

• Workplace injury: Inform your employer within 30 days to preserve workers’ compensation rights.

• Boating accident: Report to the Florida Fish and Wildlife Conservation Commission for damages over $2,000 or any injuries.

3. Preserve Evidence

• Use your phone to photograph the scene: skid marks on the Dames Point Bridge, torn carpet at a Downtown hotel, or broken ladder at a construction site.

• Collect witness names and contact information.

• Keep damaged property (helmet, shoes, vehicle) in its post-accident condition.

• Maintain a pain diary detailing daily limitations, medication, and emotional impact.

4. Notify Relevant Insurers

Provide basic facts only—date, time, location. Do not provide recorded statements or sign medical releases without legal advice. Adjusters are trained to minimize payouts; an experienced Jacksonville accident attorney levels the playing field.

5. Follow All Medical Recommendations

Gaps in treatment allow insurers to argue your injuries are minor. Attend physical therapy, specialist appointments, and follow-up imaging.

6. Calculate Deadlines

Mark the two-year filing deadline on your calendar. Additional deadlines apply for governmental notices (within three years) and med-mal presuit investigations.

When to Seek Legal Help in Florida

You are not legally required to hire an attorney, but statistics show represented claimants typically recover more. Consider hiring counsel when:

• You suffered permanent injuries, scarring, or disability.

• Liability is disputed or multiple parties are involved (e.g., multi-vehicle pileup on I-95).

• The insurance company offers a quick, low settlement or denies your claim.

• Expert testimony (accident reconstruction, vocational rehab) is needed.

• The defendant is a government entity, major corporation, or out-of-state defendant.

Louis Law Group fights exclusively for injured Floridians. Our Jacksonville team:

• Conducts free, no-obligation case evaluations—in person, by phone, or Zoom.

• Advances all litigation costs and works on a contingency fee: no fees unless we recover.

• Negotiates aggressively with insurers and tries cases before Duval County juries when necessary.

Local Resources & Practical Next Steps

Florida Department of Financial Services – File consumer complaints against insurers.

• Duval County Courthouse – 501 W. Adams St., Jacksonville, FL 32202 (Circuit Civil Clerk: 904-255-2000).

The Florida Bar Consumer Resources – Attorney licensing verification and fee arbitration.

• Jacksonville Area Legal Aid – Free or low-cost legal assistance for qualifying residents.

• City of Jacksonville Accident & Crime Maps – Monitor crash hotspots to aid investigation.

If you were injured anywhere in Northeast Florida, acting quickly protects your claim and your future. Evidence fades, witnesses relocate, and strict statutes of limitation apply.

Ready to Protect Your Rights?

If you or a loved one has been harmed because of someone else’s negligence in Jacksonville, call 833-657-4812 to speak with Louis Law Group today. The consultation is free, and you pay no fees unless we secure compensation on your behalf.

Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Laws change frequently, and the facts of every case are unique. Consult a licensed Florida personal injury lawyer for advice regarding your situation.

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