Personal Injury Guide — St. Augustine, Florida

Introduction: Why Personal Injury Law Matters in St. Augustine

Historic St. Augustine is known for its cobblestone streets, vibrant tourism economy, and proximity to busy routes such as I-95, U.S. 1, and State Road A1A. With millions of visitors each year, traffic congestion, construction projects, and seasonal hurricane activity can raise the risk of auto collisions, slip-and-falls, boating accidents, and other injuries. According to the Florida Department of Highway Safety and Motor Vehicles, St. Johns County recorded more than 3,000 traffic crashes in the most recent annual report—many occurring in and around St. Augustine’s city limits. If you are hurt because someone else acted carelessly, Florida personal injury law gives you the right to pursue compensation for medical bills, lost wages, and pain and suffering. This guide explains how those rights work under Florida statutes, court procedures, and local resources, with a focus on helping injury victims in St. Augustine protect their claims.

Understanding Your Personal Injury Rights in Florida

Fault and Negligence

In most personal injury cases, you must prove that the defendant’s negligence caused your injury. Under Florida Statutes § 768.81, Florida follows a pure comparative negligence rule, meaning your recovery is reduced by your own percentage of fault, but you can still recover damages even if you were mostly at fault.

No-Fault (PIP) Requirements

For motor-vehicle crashes, Florida Statutes § 627.736 requires every driver to carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP pays 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, if you seek treatment within 14 days. However, serious injuries that meet the threshold (permanent injury, significant scarring, or >$10,000 in medical costs) allow you to step outside the no-fault system and bring a negligence claim against the at-fault driver.

Statute of Limitations

Under Florida Statutes § 95.11(3)(a), you generally have four years from the date of the accident to file a negligence lawsuit. 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 the deadline almost always bars your claim, so calendar it immediately.

Damages You May Recover

• Economic damages: medical bills, rehabilitation, lost income, future earning capacity.

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

• Property damage: repair or replacement of your vehicle or personal property.

• Punitive damages: available in rare cases of intentional misconduct or gross negligence under § 768.72.

Common Types of Personal Injury Cases in St. Augustine and Statewide

1. Motor-Vehicle Collisions

I-95, U.S. 1, and the narrow downtown streets see regular fender-benders and high-speed crashes. Tourists unfamiliar with local traffic patterns and frequent construction zones near the Bridge of Lions increase risk.

2. Slip, Trip & Fall Incidents

Visitors walk along brick walkways in the Historic District and around popular attractions such as Castillo de San Marcos. Property owners have a duty under Florida premises liability law (Chapter 768) to maintain safe conditions and warn of hazards.

3. Boating & Watercraft Injuries

The Matanzas River and Intracoastal Waterway attract recreational boaters. Collisions or negligent operation can lead to claims governed by both Florida law and federal maritime rules.

4. Bicycle and Pedestrian Accidents

St. Augustine promotes walking and cycling, but inadequate bike lanes on A1A and Anastasia Boulevard lead to serious injuries.

5. Dog Bites

Florida’s strict liability statute, § 767.04, holds dog owners responsible if their animal bites someone in a public place or lawfully on private property.

6. Hurricane-Related Injuries

Storm debris, downed power lines, and unsafe property conditions following hurricanes can create premises liability or negligence actions.

Florida Legal Protections & Injury Laws You Should Know

Comparative Negligence Explained

As mentioned, § 768.81 reduces damages by your share of fault. If you are awarded $100,000 but found 30% responsible, you receive $70,000. Documenting evidence early helps minimize any unwarranted blame.

Damage Caps

Florida currently has no overall cap on economic or non-economic damages in ordinary negligence actions. Caps that once applied to medical malpractice non-economic damages were struck down by the Florida Supreme Court (Estate of McCall v. United States, 134 So. 3d 894, Fla. 2014).

Pre-Suit Requirements

• Medical Malpractice: Chapter 766 mandates pre-suit notices and expert affidavits.

• Government Claims: Under § 768.28, notice must be given to the appropriate agency within three years (two for wrongful death), and sovereign immunity caps damages at $200,000 per person/$300,000 per incident unless the legislature authorizes more.

Rules of Civil Procedure

Once a lawsuit is filed, the Florida Rules of Civil Procedure govern discovery, motions, and trial practice. Key rules include:

• Rule 1.280: Scope of Discovery—allows broad discovery of any matter relevant to the claims or defenses.

• Rule 1.350: Requests for Production—used to obtain medical records, photographs, and maintenance logs.

• Rule 1.510: Summary Judgment—permits early dismissal of claims if no genuine dispute of material fact exists.

Steps to Take After a Personal Injury in Florida

Seek Immediate Medical Attention

Visiting an ER such as [Flagler Hospital (Flagler Health+)](https://www.flaglerhealth.org/) not only protects your health but also creates contemporaneous records crucial for insurance and litigation. Under PIP rules, you must receive care within 14 days to access benefits.

Document the Scene

Take photos of hazards, vehicle positions, weather conditions, and injuries. Collect names and phone numbers of witnesses in St. Augustine or St. Johns County.

Report the Incident

File a police report for vehicle accidents or an incident report for premises injuries. The St. Augustine Police Department or St. Johns County Sheriff’s Office documentation strengthens your claim.

Notify Your Insurance Company

Provide basic facts without giving a recorded statement until you consult counsel. Insurance deadlines for PIP and UM/UIM coverage are often short.

Track Expenses and Losses

Keep receipts, mileage logs, pay stubs, and out-of-pocket costs. These records support economic damages.

Avoid Social Media Pitfalls

Defense attorneys scour public profiles for posts that undermine injury claims. Adjust privacy settings and think before you post.

Consult a Qualified Attorney

A licensed *personal injury lawyer in St. Augustine, Florida* can evaluate liability, calculate damages, and handle negotiations so you can focus on recovery.

When to Seek Legal Help in Florida

Serious or Catastrophic Injuries

If you suffered traumatic brain injury, spinal cord damage, or permanent disability, potential lifetime costs exceed policy limits. A seasoned attorney can pursue additional defendants or excess carriers.

Disputed Liability

When the defense blames you or another party, legal counsel will gather crash-reconstruction experts, surveillance footage, and witness affidavits to shift fault where it belongs.

Low Settlement Offers

Insurers often make “take-it-or-leave-it” offers soon after the accident hoping you are unaware of full damages. An attorney can calculate present and future losses, then negotiate or litigate for fair value.

Complex Insurance Questions

Stacked vs. non-stacked UM coverage, rideshare policies, or maritime jurisdiction require specialized knowledge.

Statute of Limitations Approaching

If months have elapsed without resolution, legal counsel can file suit to preserve your claim before the deadline expires.

Local Resources & Next Steps for St. Augustine Residents

Medical Facilities

• Flagler Hospital – 400 Health Park Blvd, St. Augustine, FL 32086

• UF Health Urgent Care – 70 Turin Terrace, St. Augustine, FL 32092

Law Enforcement & Reports

• St. Augustine Police Department Crash Reports: 151 King St., St. Augustine, FL 32084

• Florida Highway Patrol Troop G (covers St. Johns County)

Court Information

• Seventh Judicial Circuit Court – St. Johns County Courthouse, 4010 Lewis Speedway, St. Augustine, FL 32084

Small Claims (

Finding a Lawyer

Use the Florida Bar Lawyer Directory to confirm any attorney’s license and disciplinary history. Look for attorneys who dedicate a substantial portion of their practice to personal injury law, have trial experience in St. Johns County, and offer contingency-fee arrangements (per Florida Bar Rule 4-1.5(f)).

Additional Information

Visit the Florida Crash Portal to purchase accident reports, or review state crash statistics for context.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws change, and the application of law depends on specific facts. You should consult a licensed Florida attorney for guidance regarding your individual 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.