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Florida Injury Claim Rules

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.

Calculators with these rules built in

Florida personal injury settlementAny injury someone else caused, valued under your state’s fault rule.Florida car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.Florida truck accident settlementCommercial policies carry far higher limits. See what that changes.Florida motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.Florida pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.Florida bicycle accident settlementCyclist claims under your state’s fault rule.Florida rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.Florida slip and fall settlementPremises claims, where proving the owner knew is half the case.Florida dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.Florida wrongful death settlementLost support, household services and companionship, valued today.Florida pain and sufferingCompare the multiplier and per-diem methods side by side.Florida settlement offer checkerPlace an insurer’s offer inside your state’s range.Florida demand letterA ready-to-edit demand letter for the insurance adjuster.Florida filing deadlineYour last day to file an injury lawsuit, by state and claim type.Florida comparative faultHow your share of fault changes the award under your state’s rule.Florida policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.Florida no-fault and pipPIP benefits in the 12 no-fault states, and when you can sue.

This page collects the rules that decide what an injury claim is worth in Florida: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Florida is a no-fault state, so car crash claims start with your own PIP coverage. 51% bar decides how fault affects everything else.

Florida injury claim rules

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.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Cut from four years to two for negligence claims that arose after March 24, 2023. Claims against a government agency need written notice much sooner.

Car insurance. Florida is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $10,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need a permanent injury, significant and permanent scarring or disfigurement, or death.

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

Dog bites. Owners are strictly liable for bites in public places or on private property where the victim was lawfully present. A “Bad Dog” sign can limit liability, except for children under six.

Florida injury claim questions

Can I still get a settlement 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.

How long do I have to file a personal injury lawsuit in Florida?

two years from the injury in most cases. Cut from four years to two for negligence claims that arose after March 24, 2023.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

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.