Guide to Personal Injury Rights in Hollywood, Florida

Introduction: Why Hollywood, Florida Residents Need to Understand Personal Injury Law

From the bustle of Hollywood Boulevard to the scenic A1A along Hollywood Beach, life in Hollywood, Florida can change in seconds when an accident occurs. According to the Florida Department of Highway Safety and Motor Vehicles, Broward County recorded more than 34,000 traffic crashes in 2022 alone. With tourist traffic from Fort Lauderdale–Hollywood International Airport, seasonal visitors to the Hard Rock Hotel & Casino, and year-round hurricane threats, injury risks are higher than many residents realize. If you suffer harm because someone else acted carelessly, Florida law gives you the right to seek compensation—but strict deadlines, complex insurance rules, and a recent overhaul of the state’s negligence statutes make it essential to understand the process. This guide explains how personal injury lawyer Hollywood Florida professionals evaluate claims, what Florida statutes say about deadlines and damages, and the exact steps you can take today to protect your health and legal rights.

Understanding Your Personal Injury Rights in Florida

The Legal Definition of Negligence

Under Florida common law and Restatement (Second) of Torts § 282, negligence means failing to use reasonable care under the circumstances. To recover damages, an injured plaintiff must prove four elements:

• Duty: The defendant owed a legal duty of care.

• Breach: The duty was breached by action or omission.

• Causation: The breach caused the injury (actual and proximate cause).

• Damages: The plaintiff suffered measurable losses.

Florida courts apply these elements whether the case involves a car crash on I-95, a slip-and-fall in Young Circle, or dog-bite injuries in a Hollywood Hills neighborhood.

Modified Comparative Negligence in Florida

Effective March 24, 2023, Florida Statutes § 768.81(6) adopted a modified comparative negligence standard. You can recover damages only if you are found 50 percent or less at fault. If you are 51 percent or more responsible, you are barred from any recovery. This change replaced the former pure comparative model, making early evidence preservation and skilled legal advocacy more critical for injury victims.

No-Fault Personal Injury Protection (PIP)

Florida remains one of a handful of states with no-fault insurance. Under Florida Statutes § 627.736, every owner of a motor vehicle registered in Florida must carry $10,000 in Personal Injury Protection (PIP) benefits. Important details include:

• 14-Day Rule: You must seek medical care within 14 days of a crash to unlock PIP benefits.

• 80/60 Rule: PIP pays up to 80 percent of reasonable medical expenses and 60 percent of lost wages, subject to the $10,000 cap.

• EMC Threshold: Without an emergency medical condition (EMC) diagnosis, benefits may be capped at $2,500.

Because PIP seldom covers the full cost of serious injuries, many Hollywood crash victims pursue a liability claim against the at-fault party once they meet one of Florida’s tort thresholds (significant and permanent loss of bodily function, permanent injury, significant scarring or disfigurement, or death).

Common Types of Personal Injury Cases in Hollywood, Florida

1. Motor Vehicle Collisions

High-traffic corridors such as U.S. 1, State Road 7, and the Sheridan Street entrance to I-95 see frequent crashes. Rideshare vehicles ferrying cruise passengers to Port Everglades further complicate liability analyses.

2. Pedestrian and Bicycle Injuries

The popular Hollywood Beach Broadwalk and downtown arts district attract walkers and cyclists. Florida consistently ranks among the nation’s deadliest states for pedestrians, according to the Governors Highway Safety Association.

3. Premises Liability (Slip, Trip, and Fall)

Under Florida Statutes § 768.0755, business owners are responsible for transitory foreign substances if they had actual or constructive knowledge and failed to act. This often applies to grocery stores on Hollywood Boulevard or hotel lobbies on A1A.

4. Medical Malpractice

Claims against Memorial Regional Hospital, Joe DiMaggio Children’s Hospital, or local surgical centers must follow the pre-suit notice requirements in Chapter 766, Florida Statutes, including an expert affidavit.

5. Nursing Home Abuse

Facilities in Hollywood fall under the protections of Florida Statutes Chapter 400, Part II. Residents or their families can sue for violations of the Nursing Home Resident’s Bill of Rights.

6. Hurricane-Related Claims

Storm debris, unsafe post-hurricane construction zones, and improper property maintenance can lead to injury liability. Although often framed as premises cases, they carry unique causation challenges under Florida law.

Florida Legal Protections & Injury Laws

Statute of Limitations

Timeliness is critical. Under Florida Statutes § 95.11(4)(a) (medical malpractice) and § 95.11(3)(a) as amended in 2023 (general negligence), you now have two years from the date of injury or discovery to file most personal injury lawsuits. Wrongful death claims remain at two years (§ 95.11(4)(d)). Missing these deadlines almost always ends your right to compensation.

Damage Categories Recognized by Florida Courts

• Economic Damages: Medical expenses, future treatment costs, lost wages, and loss of earning capacity.

• Non-Economic Damages: Pain and suffering, mental anguish, loss of enjoyment of life.

• Punitive Damages: Allowed under § 768.72 only when the defendant’s conduct was intentional or grossly negligent.

Caps on Damages

Florida no longer caps non-economic damages in medical malpractice cases after Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014). However, punitive damages are generally capped at three times compensatory damages or $500,000, unless specific exceptions apply (§ 768.73).

Pre-Suit Requirements

Certain claims require you to meet procedural hurdles before filing suit:

• Medical Malpractice: Notice of intent, presuit investigation, and a 90-day waiting period (§ 766.106).

• Claims Against Government Entities: Written notice within three years and a 180-day investigatory period under § 768.28.

Steps to Take After a Personal Injury in Florida

Dial 911 and File an Official Report Whether the Hollywood Police Department responds on Hollywood Boulevard or Florida Highway Patrol arrives on I-95, an official report establishes liability facts. Seek Medical Attention Within 14 Days Visit Memorial Regional Hospital, an urgent care, or your primary physician. Prompt care documents causation and satisfies the PIP 14-day rule. Preserve Evidence Take photographs, save damaged property, and collect witness contact information. Surveillance footage from local businesses around Young Circle can disappear within days. Notify All Insurance Carriers Florida insurance policies often require “prompt” notice. Non-compliance can void coverage. Track Expenses and Keep a Pain Journal Retain medical bills, out-of-pocket receipts, and daily notes on pain level and emotional impact. Consult a Qualified Attorney A Hollywood accident attorney can evaluate liability under modified comparative negligence, negotiate with insurers, and file suit before the two-year deadline.

When to Seek Legal Help in Florida

You should strongly consider hiring counsel when:

• The injury is serious or permanent (e.g., traumatic brain injury, spinal cord damage).

• Liability is disputed or multiple parties are involved—common in multi-vehicle pile-ups on I-95.

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

• You are nearing the two-year statute of limitations.

• Evidence (such as dash-cam footage) may be destroyed without a preservation letter.

Florida attorneys are licensed through The Florida Bar and must meet the ethical standards in the Rules Regulating The Florida Bar. Before hiring, verify an attorney’s disciplinary history on the Bar’s website.

Local Resources & Next Steps for Hollywood Residents

• Broward County Clerk of Courts – 201 S.E. 6th Street, Fort Lauderdale, FL 33301. Filings for Circuit Civil Division where most injury lawsuits exceeding $50,000 are heard.

• Hollywood Police Department Records Unit – 3250 Hollywood Boulevard, Hollywood, FL 33021. Obtain crash or incident reports.

• Memorial Regional Hospital – 3501 Johnson Street, Hollywood, FL 33021. Level I trauma center serving southern Broward County.

• Florida Department of Highway Safety & Motor Vehicles Crash Portal – Access statewide crash statistics vital for proving accident trends.

Authoritative External References

Florida Statutes Chapter 768 – Negligence Florida Statute § 95.11 – Limitations of Actions Florida Bar Consumer Guide to PIP Insurance FLHSMV 2022 Crash Facts Florida Department of Health Injury Data

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws change, and every case is unique. Consult a licensed Florida attorney 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.