Personal Injury Guide | Fort Lauderdale, Florida Victims

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

Fort Lauderdale’s mix of year-round tourism, bustling cruise ports, and heavily traveled roadways on I-95 and U.S. 1 means accidents are unfortunately common. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Broward County recorded more than 34,000 crashes in 2022 alone, many occurring within Fort Lauderdale city limits. Add boating incidents off the Intracoastal Waterway, slip-and-fall injuries in popular Las Olas restaurants, and hurricane-related hazards, and it becomes clear why understanding Florida personal injury law matters. This guide is written for injury victims who live, work, or vacation in Fort Lauderdale and want to protect their rights under Florida law while pursuing the compensation they deserve.

Understanding Your Personal Injury Rights in Florida

Negligence and Duty of Care

Florida follows traditional negligence principles: every person or entity owes a duty of reasonable care to avoid foreseeable harm. When that duty is breached and causes injury, the responsible party may be held liable. Florida courts have codified aspects of negligence in Chapter 768, Florida Statutes. For example, §768.81 establishes the state’s comparative negligence system, discussed below.

Comparative Negligence – §768.81, Fla. Stat.

Florida uses a pure comparative negligence model. This means you can recover damages even if you were partly at fault, but your award is reduced by your percentage of fault. For instance, if a jury finds you 20% responsible for a car collision, your total damages are reduced by 20%.

Statute of Limitations – §95.11(3)(a), Fla. Stat.

Most personal injury claims in Florida must be filed within four years from the date of the accident. Medical malpractice claims have a two-year deadline (§95.11(4)(b)), and wrongful death actions must be filed within two years (§95.11(4)(d)). Missing these deadlines generally bars recovery.

No-Fault Auto Insurance – §627.736, Fla. Stat.

Florida is a no-fault state for automobile accidents. All motorists must carry Personal Injury Protection (PIP) coverage. PIP pays up to 80% of medical bills and 60% of lost wages up to $10,000, regardless of who caused the crash. You may exit the no-fault system and sue the at-fault driver if you suffer a "significant and permanent" injury as defined by §627.737(2).

Common Types of Personal Injury Cases in Fort Lauderdale

Motor Vehicle Collisions High-speed traffic on I-95, congested downtown streets, and frequent rideshare vehicles lead to car, truck, motorcycle, and pedestrian crashes. Broward Health Medical Center’s Level I trauma unit treats many of these victims. Boating and Cruise Ship Injuries Port Everglades is one of the world’s busiest cruise ports. Injuries on boats, jet skis, or cruise vessels may be governed by federal maritime law intertwined with Florida negligence rules. Premises Liability (Slip-and-Fall) Shopping centers like The Galleria or beachfront hotels owe duties to maintain safe premises. Failure to mop wet floors or fix broken handrails can trigger liability under §768.0755 for transitory foreign substances. Medical Malpractice Hospitals such as Holy Cross Health and Broward Health face malpractice claims when providers deviate from accepted standards of care, governed by Chapter 766, Florida Statutes. Product Liability Dangerous consumer products, from defective e-scooters to recalled auto parts, fall under strict liability principles recognized by Florida courts. Hurricane & Storm-Related Injuries Fort Lauderdale’s hurricane exposure leads to claims involving falling debris, negligent building maintenance, and unsafe post-storm cleanup practices.

Florida Legal Protections & Injury Laws

Comparative Fault Procedures

Under Rule 1.110(d) of the Florida Rules of Civil Procedure, defendants may plead comparative negligence as an affirmative defense. The jury subsequently assigns fault percentages on the verdict form per Florida Standard Jury Instructions (Civil) 501.1.

Sovereign Immunity – §768.28

Lawsuits against the State of Florida or Broward County follow special notice and damages caps ($200,000 per individual, $300,000 per occurrence). Claims must be presented in writing to the agency and the Department of Financial Services before filing suit.

Damage Categories Recognized in Florida

• Economic: medical expenses, lost wages, loss of earning capacity.

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

• Punitive: permitted under §768.72 when clear and convincing evidence shows intentional misconduct or gross negligence (capped at the greater of three times compensatory damages or $500,000 in most cases).

Medical Bills & Liens

Hospitals may file statutory liens under Broward County Code §35-261. A knowledgeable personal injury lawyer Fort Lauderdale Florida can negotiate reductions to maximize your net recovery.

Steps to Take After a Personal Injury in Florida

Seek Immediate Medical Care Visit a qualified provider within 14 days after a motor vehicle crash to preserve PIP benefits under §627.736(1)(a). Report the Incident Call Fort Lauderdale Police Department for urban crashes or the Broward Sheriff’s Office for unincorporated areas. Obtain the traffic crash report from FLHSMV’s portal. Document Evidence Photograph injuries, property damage, and hazards. Collect witness names and contact information. Notify Your Insurer Most auto policies require prompt notice. Failure could jeopardize coverage. Avoid Recorded Statements Politely decline to give recorded statements to the at-fault insurer until you consult counsel. Track Expenses Save receipts for prescriptions, mileage to doctor appointments, and assistive devices. Consult a Fort Lauderdale Accident Attorney Early legal representation helps preserve evidence and comply with pre-suit requirements (e.g., malpractice presuit screening under §766.106).

When to Seek Legal Help in Florida

While minor fender-benders may be resolved through PIP, serious injuries—fractures, herniated discs, traumatic brain injuries—often justify hiring an attorney. Under Rule 4-1.5(f)(4)(B) of the Florida Rules of Professional Conduct, contingent fees in personal injury cases are capped (e.g., 33⅓% up to $1 million if settled before suit). A seasoned Fort Lauderdale accident attorney can:

• Investigate liability using accident reconstructionists.

• Navigate Florida’s complex insurance system, including uninsured/underinsured motorist claims.

• File and litigate the lawsuit in Broward County’s 17th Judicial Circuit Court or federal court if diversity jurisdiction applies.

• Negotiate with hospital lienholders.

• Prepare the case for trial if fair settlement offers are not presented.

Local Resources & Next Steps

Hospitals & Trauma Centers

• Broward Health Medical Center – Level I Trauma, 1600 S. Andrews Ave.

• Holy Cross Health – 4725 N. Federal Hwy.

• Cleveland Clinic Florida – 3100 Weston Rd.

Court Locations

• Seventeenth Judicial Circuit Court (Broward County Courthouse), 201 SE 6th St., Fort Lauderdale, FL 33301.

• U.S. District Court for the Southern District of Florida, 299 E. Broward Blvd.

Important Government Links

Florida Statutes Chapter 768 – Negligence FLHSMV Crash Report Portal Florida Bar – Consumer Guide on Contingency Fees Florida Department of Health – Trauma Centers

Legal Disclaimer

This guide provides general information and is not legal advice. Laws change, and every case is unique. Consult a licensed Florida attorney before acting on any information herein.

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.