Personal injury law in Florida
How long you have to file, how shared fault is treated, whether Florida is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 2 years Reduced from 4 years in 2023 (HB 837). |
|---|---|
| Negligence rule | Modified comparative — 50% bar HB 837 (2023) moved Florida from pure comparative to a 50%-bar modified system. |
| Auto no-fault | Yes Florida is a no-fault auto state. $10,000 PIP minimum; tort threshold applies for pain and suffering. |
| Damages caps | Medical malpractice non-economic caps were struck down in N. Medical malpractice non-economic caps were struck down in N. Broward Hosp. Dist. v. Kalitan (2017). |
What the filing deadline means in Florida
Personal injury claims in Florida must generally be filed within 2 years of the date of injury. Reduced from 4 years in 2023 (HB 837). If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under modified comparative — 50% bar
You can recover only if you are less than 50% at fault. At 50% or more, recovery is barred. HB 837 (2023) moved Florida from pure comparative to a 50%-bar modified system.
Practical effect: if a jury values your case at $200,000 and assigns you 30% of the fault, you recover $140,000 — but if your fault crosses the bar, you recover $0.
No-fault auto insurance in Florida
Florida is a no-fault auto state. Florida is a no-fault auto state. $10,000 PIP minimum; tort threshold applies for pain and suffering. That means after a crash, your own personal injury protection (PIP) pays first, regardless of who was at fault. You can step outside the no-fault system and sue the at-fault driver only when your injury meets the state's tort threshold.
Damages caps in Florida
Medical malpractice non-economic caps were struck down in N. Broward Hosp. Dist. v. Kalitan (2017).
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Settlement guides for Florida
Auto claim settlement ranges and the Florida statute, fault rule, and PIP posture.
Premises liability, notice, and the negligence elements that decide Florida claims.
FMCSA framing, multi-defendant stacks, and the 30-day evidence window in Florida.
Helmet law, rider bias, and how Florida's fault rule hits motorcycle recovery.
Statute of repose, damages caps, and the affidavit-of-merit gate for Florida med-mal claims.
Workers' comp benefits, third-party liability, and exclusive-remedy limits in Florida.
Strict liability, statute of repose, and punitive caps for Florida product cases.
Strict liability vs one-bite, homeowners coverage, and provocation defenses in Florida.
Who has standing, recoverable damages, and survival actions in Florida.
Active MDLs including Florida plaintiffs, discovery-rule deadlines, and bellwether settlement grids.
Case types in Florida
These case-type hubs explain how settlement value is built and how each type interacts with Florida's rules above.
Related reads
How Florida's no-fault and modified comparative — 50% bar rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and Florida's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.