What a personal injury claim has to prove
“Personal injury” covers any claim where another party’s conduct caused you physical harm. The label spans car crashes, falls on unsafe property, dog attacks, defective products, and medical negligence. However different those look, a negligence claim rests on the same four elements:
- Duty — the other party owed you a duty of reasonable care
- Breach — their conduct fell below that standard
- Causation — that breach actually caused your injury
- Damages — you suffered losses the law can compensate
Most disputes are fought over the last two. Insurers rarely argue that a driver had no duty to stop at a red light; they argue that your back pain came from something else, or that the treatment you received was excessive.
The Florida filing deadline changed in 2023
This is the single most important date in your case. In March 2023 Florida shortened the deadline for most negligence claims from four years to two years from the date of injury. The older four-year period still governs many claims that arose before the change.
Other deadlines run on their own clocks:
- Wrongful death — two years from the date of death
- Medical malpractice — two years from when the injury was or should have been discovered, subject to a four-year outer limit
- Claims against a government entity — written pre-suit notice is required, and the timeline is shorter and stricter
Miss the deadline and the claim is normally gone regardless of how strong it was. If you are anywhere near the edge of one of these periods, that is the reason to speak with a lawyer this week rather than next month.
Being partly at fault does not end your claim
Florida applies modified comparative negligence. Your recovery is reduced by your percentage of fault — 20% at fault on a $100,000 case means $80,000. But there is a cliff: if you are found more than 50% responsible, you recover nothing. Medical negligence claims are excepted from that bar.
This is why insurers invest so heavily in shifting fault onto injured people, and why what you say in a recorded statement matters.
Car crashes work differently: PIP and the injury threshold
Florida is a no-fault state for auto collisions. Your own Personal Injury Protection coverage pays first, up to $10,000, regardless of who caused the crash — and two rules catch people out:
- The 14-day rule. You must obtain initial medical treatment within 14 days of the crash or PIP benefits can be denied outright.
- The emergency medical condition finding. Without a qualifying determination from an authorised provider, PIP may be limited to $2,500 instead of $10,000.
To claim pain and suffering from the at-fault driver in a typical auto case, Florida requires a threshold injury — permanent injury, significant and permanent scarring or disfigurement, or death. That determination usually turns on medical opinion, which is why gaps in treatment are so damaging to a claim.
What you can recover
Florida recognises economic damages, non-economic damages, and in narrow cases punitive damages:
- Past and future medical treatment
- Lost wages and lost future earning capacity
- Rehabilitation, assistive equipment, and long-term care
- Out-of-pocket costs caused by the injury
- Pain, suffering, and loss of enjoyment of life
- Punitive damages, where conduct was intentional or grossly negligent
On a serious claim the future numbers usually dwarf the bills already incurred. Valuing them properly means projecting a lifetime of care and earnings, then defending those projections against the other side’s experts.
Common questions
How long do I have to file? Two years from the injury for most Florida negligence claims arising on or after 24 March 2023. Earlier claims were generally subject to the previous four-year deadline. Wrongful death is two years; medical malpractice has its own rule.
Can I recover if I was partly at fault? Yes, reduced by your share — unless you are more than 50% at fault, in which case Florida bars recovery. Medical negligence claims are excepted.
What does a lawyer cost? These cases are normally taken on contingency: the fee is a percentage of the recovery and there is no fee if the case does not recover. Get the percentage and the treatment of case costs in writing before signing.
Will I have to go to court? Usually not. Most claims resolve with an insurer. Filing suit is sometimes needed to protect a deadline or to move an insurer that will not negotiate seriously.
Other Florida injury claims we handle
- Car Accidents
- Truck & Commercial Vehicle Accidents
- Motorcycle Accidents
- Wrongful Death
- Dog Bites
- Premises Liability
- Pedestrian & Bicycle Accidents
This page is general legal information about Florida law, not legal advice about your situation, and statutes change — the filing deadline discussed above was itself amended in 2023. Reading it does not create an attorney-client relationship. Speak with a Florida-licensed attorney about the rules that apply to your claim.
