Fort Lauderdale Personal Injury Guide | Know Your Rights

Introduction: Why Fort Lauderdale Residents Need a Focused Personal Injury Guide

Sunny beaches, bustling Port Everglades, and the constant flow of tourists along A1A make Fort Lauderdale uniquely vibrant—yet these same factors contribute to a steady number of accidents and injuries each year. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Broward County consistently ranks among the top three Florida counties for traffic crashes. Add boating incidents off the Intracoastal Waterway, slip-and-falls in busy Las Olas shops, and hurricane-related debris injuries, and it becomes clear that local residents and visitors alike face real risks. This comprehensive guide explains how Florida personal injury law applies in Fort Lauderdale, outlines victims’ rights, and details practical steps to preserve claims—always with a slight emphasis on protecting the injured party’s interests while remaining strictly factual.

Understanding Your Personal Injury Rights in Florida

What Counts as a Personal Injury?

In Florida, a personal injury is any physical, psychological, or financial harm caused by another person or entity’s negligence or intentional act. Whether you were rear-ended on I-95, injured by a defective product purchased at the Galleria Mall, or bitten by an unleashed dog on Fort Lauderdale Beach, you may have a compensable claim under Florida law.

Key Victim Rights Under Florida Statutes

• The Right to Seek Damages – Florida Statutes Chapter 768 allows victims to pursue compensatory damages for medical bills, lost wages, pain and suffering, and other losses.

• The Right to File Within the Limitations Period – Florida Statutes §95.11(3)(a) generally provides two years to file negligence actions (shortened from four years for incidents occurring on or after March 24, 2023). Wrongful death claims carry a separate two-year period under §95.11(4)(d).

• Comparative Negligence Protection – Under Florida Statutes §768.81(6), Florida follows a modified comparative negligence rule: a claimant more than 50% at fault may not recover, but claims at or below 50% fault are reduced by the claimant’s percentage of responsibility.

• Access to Courts – Article I, Section 21 of the Florida Constitution guarantees open courts for redress of injuries.

No-Fault Insurance and Threshold Injuries

Florida’s No-Fault system, codified at Florida Statutes §627.736, requires every motorist to carry Personal Injury Protection (PIP) coverage. PIP pays up to $10,000 of reasonable medical expenses and lost wages regardless of fault. However, to sue the at-fault driver for pain and suffering, you must meet the statutory “serious injury” threshold—significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant scarring/disfigurement, or death.

Common Types of Personal Injury Cases in Fort Lauderdale

1. Motor Vehicle Collisions

I-95, Florida’s Turnpike, and Sunrise Boulevard see high crash volumes. The FLHSMV 2023 Traffic Safety Facts show Broward County recorded over 41,000 crashes, many in Fort Lauderdale corridors. Common causes include distracted driving, tourists unfamiliar with one-way streets downtown, and rideshare congestion near Fort Lauderdale–Hollywood International Airport (FLL).

2. Cruise & Boating Accidents

With Port Everglades ranking among the world’s busiest cruise ports, maritime injuries—slip-and-falls aboard ship, shore-excursion mishaps, jet-ski collisions—are frequent. Although governed partly by federal admiralty law, many claims are litigated in Florida federal or state courts sitting in Broward County.

3. Premises Liability

From wet tile at Las Olas restaurants to unsafe stairwells in rental high-rises, property owners owe visitors a duty of reasonable care. Florida’s premises liability framework (rooted in §768.0755 for transitory foreign substances) requires proof the business had actual/constructive knowledge of a dangerous condition.

4. Medical Malpractice

Broward Health Medical Center and Holy Cross Hospital deliver excellent care, yet mistakes occur. Florida Statutes §766.106 mandates pre-suit notice and a medical expert affidavit, while §766.118 imposes caps on certain noneconomic damages in sovereign immunity scenarios.

5. Hurricane-Related Injuries

After storms like Hurricane Irma, poorly secured construction debris or downed power lines can injure residents. Property owners and contractors may share liability if they fail to follow building codes or post-storm safety protocols.

Florida Legal Protections & Injury Laws

Statute of Limitations Nuances

The general two-year window under §95.11(3)(a) is strictly enforced. Tolling may apply for minors or fraud, but victims should never assume they have extra time—courts routinely dismiss late filings. Wrongful death actions must be filed within two years (§95.11(4)(d)). Medical malpractice carries its own two-year period from discovery but no more than four years from the incident, per §95.11(4)(b).

Comparative Negligence Illustrated

Suppose a jury awards $100,000 for a scooter collision on Las Olas Boulevard but finds the plaintiff 30% at fault for riding without proper lighting. Under §768.81, the award is reduced to $70,000. However, if the plaintiff were 51% at fault, recovery would be barred.

Damage Categories Under Florida Law

• Economic Damages: past and future medical expenses, lost income, diminished earning capacity, property loss.

• Noneconomic Damages: pain and suffering, mental anguish, loss of enjoyment of life. Florida does not impose caps on noneconomic damages in ordinary negligence cases.

• Punitive Damages: permitted under §768.72 when the defendant’s conduct is intentional or grossly negligent, capped at three times compensatory damages or $500,000 (with higher tiers for specific misconduct).

Procedural Rules Every Victim Should Know

The Florida Rules of Civil Procedure govern pleadings, discovery, and trial. A lawsuit typically starts with a Complaint filed in the Seventeenth Judicial Circuit (Broward County) or federal court. The defendant must be served per Rule 1.070 within 120 days. Victims should anticipate interrogatories, requests for admission, depositions at Fort Lauderdale law offices, and court-ordered mediation under local rules.

Steps to Take After a Personal Injury in Florida

• Seek Immediate Medical Care – Call 911 or visit Broward Health Medical Center. PIP benefits under §627.736 require treatment within 14 days of a crash.

• Document the Scene – Photograph hazards, collect witness contact information, and request Fort Lauderdale Police crash reports.

• Notify Relevant Insurers – File PIP claims promptly; notify homeowners or commercial liability insurers if a premises accident.

• Preserve Evidence – Keep damaged personal property, medical bills, and repair invoices. Under Rule 1.380, courts may sanction parties who destroy evidence.

• Avoid Early Settlement Pitfalls – Insurers often extend low offers before full medical prognosis is known. Signing a release too early may waive future claims.

Victims benefit from maintaining a pain journal, following all doctor instructions, and refraining from posting injury details on social media—opposing counsel can subpoena posts.

When to Seek Legal Help in Florida

Indicators You Need a Fort Lauderdale Accident Attorney

• Serious injuries surpassing PIP limits

• Disputed liability or comparative negligence allegations

• Commercial defendants (e.g., trucking companies using I-595)

• Multiple injured parties or wrongful death

• Potential statute-of-limitations issues

Florida attorneys must be licensed by the Florida Bar and adhere to its ethical rules. You can verify licensure through the Florida Bar Lawyer Directory. Contingency fees in personal injury matters are regulated by Rule 4-1.5(f) of the Rules Regulating the Florida Bar and typically range between 33⅓% and 40% depending on case stage and recovery amount.

Litigation vs. Settlement

Roughly 95% of personal injury claims resolve before trial, often at mediation. Still, preparing a strong trial strategy places leverage on defendants. Fort Lauderdale juries have returned substantial verdicts in catastrophic injury cases, encouraging fair settlements.

Local Resources & Next Steps

• Broward County Courthouse – 201 S.E. 6th Street, Fort Lauderdale; venue for most civil injury suits.

• Broward Health Medical Center Level I Trauma Unit – 1600 S. Andrews Ave; primary trauma care for severe accidents.

• Fort Lauderdale Police Department Records Unit – Obtain crash reports within 10 days for a nominal fee.

• Florida Department of Health, Broward County – Data on injury prevention and rehabilitation services.

Before you contact any insurer, consider consulting an experienced personal injury lawyer Fort Lauderdale Florida residents trust. A qualified attorney can gather evidence, calculate Florida injury compensation, and negotiate with adjusters so you can focus on recovery.

Legal Disclaimer

This guide provides general information on Florida personal injury law and is not legal advice. Laws change, and each case is unique. Consult a licensed Florida attorney for advice regarding your specific situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.