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Florida Slip and Fall Settlement Calculator

Rules cited to Florida’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Fla. Stat. § 768.81
Filing deadline2 yearsFrom the date of the injury.Fla. Stat. § 95.11
Minimum insurancePIP + $10,000 PDNo bodily injury liability required. Florida is a no-fault state.Fla. Stat. §§ 627.736, 324.022
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Your numbers

Example figures shown. Replace them with yours.
How serious is the injury?

Fracture or months of treatment, with some lasting effect.

10%
Attorney fee for the take-home figure
Your estimateFlorida · Slip and fall
Your estimate…
The math
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This calculator estimates what a slip and fall injury claim could be worth under Florida law. It applies Florida’s 51% bar rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.

Move the fault slider to 51% and the estimate drops to $0, which is what Florida’s rule does in court.

Florida rules behind this estimate

Fault. Florida uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up. Florida switched from pure comparative fault for claims filed after March 24, 2023. Medical malpractice claims still use pure comparative fault.

Deadline. You have two years from the fall to file a lawsuit in Florida. Cut from four years to two for negligence claims that arose after March 24, 2023. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.

Insurance. Slip and fall claims are paid by the property owner’s liability insurance: a homeowner’s policy for a house, or a commercial general liability policy for a store, restaurant or apartment complex. Business policies often carry $1 million or more.

Proof. You must show the owner knew or should have known about the hazard and did not fix it or warn you. Photos of the hazard, the incident report, store video and witness names carry the most weight.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Florida slip and fall questions

Can I still claim for a slip and fall in Florida if I was partly at fault?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

What do I need to prove in a Florida slip and fall case?

That the owner knew or should have known about the hazard, did not fix it or warn you, and that the hazard caused your injury. Photos, the incident report, video and witnesses matter most.

How long do I have to file a slip and fall claim in Florida?

two years from the fall. Claims against a government property owner usually need written notice much sooner.

Does Florida cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.