Personal Injury in Florida
Florida personal injury law changed significantly with the March 2023 tort reform (HB 837). Three rules now shape most cases: a two-year deadline to file most negligence claims, modified comparative negligence that bars recovery if you're more than 50% at fault, and — for car crashes — a no-fault PIP system where you generally must meet a 'serious injury' threshold before you can sue for pain and suffering. This hub explains those, then links guides for specific accident types.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Florida deadlines are short and the 2023 reforms are still being interpreted by courts — talk to a Florida attorney about your specific situation promptly.
If you’ve been injured by someone’s negligence in Florida, you generally have two years from the date of injury to file a personal-injury lawsuit (Fla. Stat. § 95.11(4)(a), shortened from 4 years by 2023’s HB 837 for claims accruing on or after March 24, 2023). Florida uses modified comparative negligence with a 51% bar (Fla. Stat. § 768.81), and — for car crashes — is a no-fault PIP state where suing for pain and suffering requires meeting the serious-injury threshold (Fla. Stat. § 627.737).
How long do I have to file in Florida?
Florida’s 2023 tort reform (HB 837) shortened the deadline to file most negligence lawsuits from four years to two years (Fla. Stat. § 95.11(4)(a)). This applies to claims that accrued on or after March 24, 2023; claims that accrued before then may still have the old four-year window. Because which deadline applies turns on your accrual date, confirm yours with a lawyer — missing it ends the claim.
| Claim type | Deadline | Statute |
|---|---|---|
| Personal injury (accrued on/after 3/24/2023) | 2 years | Fla. Stat. § 95.11(4)(a) |
| Personal injury (accrued before 3/24/2023) | 4 years (old rule) | Fla. Stat. § 95.11(3) (pre-reform) |
| Property damage | 4 years | Fla. Stat. § 95.11(3) |
| Wrongful death | 2 years from death | Fla. Stat. § 95.11(4)(d) |
| Medical malpractice | 2 years (4-year statute of repose) | Fla. Stat. § 95.11(4)(b) |
What if I was partly at fault?
HB 837 also switched Florida from pure comparative negligence to modified comparative negligence (Fla. Stat. § 768.81):
- You can recover only if you’re 50% or less at fault;
- If you’re more than 50% at fault, you recover nothing;
- Otherwise, your award is reduced by your percentage of fault.
One exception: medical-negligence claims are carved out of the 51% bar (Fla. Stat. § 768.81(6)) and remain on pure comparative fault.
How does Florida no-fault auto insurance work?
This is the feature that surprises people most — Florida is a no-fault auto state. Every driver carries Personal Injury Protection (PIP) of $10,000 (Fla. Stat. § 627.736), which pays your own medical bills (80%) and lost wages (60%) regardless of who caused the crash.
| PIP coverage | Amount | Statute |
|---|---|---|
| Total PIP | $10,000 | Fla. Stat. § 627.736 |
| Medical expenses | 80% of reasonable | Fla. Stat. § 627.736 |
| Lost wages | 60% of lost income | Fla. Stat. § 627.736 |
| Property damage liability | $10,000 (required) | Fla. Stat. § 324.022 |
To step outside no-fault and sue the at-fault driver for pain and suffering, your injury must cross the “serious injury” threshold (Fla. Stat. § 627.737) — a permanent injury, significant and permanent scarring or disfigurement, significant loss of an important bodily function, or death.
Florida requires PIP and $10,000 property-damage liability but does not generally require bodily-injury liability coverage for ordinary drivers — which is why uninsured/underinsured motorist coverage matters here.
The guides
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Guides
- Florida ATV Accident Claims
ATVs are off-highway vehicles that generally can't be driven on public roads in Florida (Fla. Stat. § 316.2074), and operators under 16 must wear a helmet and eye protection. ATVs aren't covered by auto PIP, so injury claims proceed as ordinary negligence under the two-year deadline and modified comparative negligence.
- Florida Bicycle Accident Claims
In Florida, a bicyclist has the rights and duties of a vehicle operator (Fla. Stat. § 316.2065). Crash claims run on negligence and modified comparative fault, and a cyclist's own conduct can reduce or bar recovery. Riders under 16 must wear a helmet. The two-year deadline applies.
- Florida Car Accident Claims
Florida is a no-fault auto state: your own PIP (up to $10,000) pays your medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious-injury threshold (Fla. Stat. § 627.737). A two-year filing deadline and modified comparative negligence (51% bar) apply.
- Florida Commercial Truck Accident Claims
A commercial truck crash in Florida is still a Florida negligence claim — same two-year deadline and modified comparative negligence — but federal FMCSA safety regulations (hours of service, maintenance, driver qualification) layer on top, and there are often multiple defendants: the driver, the motor carrier, and sometimes others.
- Florida Dog Bite Claims
Florida imposes strict liability on dog owners for bites: the owner is liable regardless of the dog's prior viciousness or the owner's knowledge of it (Fla. Stat. § 767.04). The victim's own negligence reduces recovery, and a prominently displayed 'Bad Dog' sign can limit liability — but not against children under 6 or where the owner was negligent.
- Injured by a Drunk Driver in Florida
If a drunk driver injures you in Florida, you can bring a civil negligence claim, and the driver's impairment may support punitive damages. Florida's dram-shop liability is narrow (Fla. Stat. § 768.125) — a vendor that serves alcohol to an adult is generally not liable, except for willfully serving a minor or knowingly serving a habitual alcoholic.
- Florida Motorcycle Accident Claims
Florida lets riders 21 and older ride without a helmet if they carry at least $10,000 in medical coverage; under-21 riders must wear one (Fla. Stat. § 316.211). Motorcycles are generally not covered by Florida's no-fault PIP, so riders typically pursue the at-fault driver directly. The two-year deadline and modified comparative negligence apply.
- Florida Negligent Security Claims
Negligent security is a premises-liability claim: a property owner's failure to provide reasonable security (lighting, locks, cameras) enables a third party's criminal attack on the premises. A 2023 law (Fla. Stat. § 768.0706) gives owners of multifamily residential property a presumption against liability if they substantially implement specified security measures.
- Florida Pedestrian Accident Claims
A pedestrian struck by a vehicle in Florida can bring a negligence claim, and Florida's no-fault PIP can apply to the injured pedestrian (often through their own auto policy). Drivers must yield to pedestrians lawfully in a crosswalk; pedestrians crossing outside one must yield. Modified comparative negligence and the two-year deadline apply.
- Florida Pool & Water Accident Claims
Pool and drowning injuries in Florida are premises-liability claims, and the Residential Swimming Pool Safety Act (Fla. Stat. Ch. 515) sets safety requirements — barriers, alarms, self-latching gates — whose violation can support a negligence claim. Attractive-nuisance principles can raise the duty owed even to trespassing children.
- Florida Theme Park Injury Claims
Theme park injuries in Florida are premises-liability claims. Notably, the largest parks — those with at least 1,000 full-time employees and in-house safety inspectors — are exempt from state ride inspection and instead file an annual inspection affidavit (Fla. Stat. § 616.242). Modified comparative negligence and the two-year deadline apply.
- Traumatic Brain Injury Claims in Florida
A traumatic brain injury (TBI) isn't a separate type of lawsuit — it's a serious injury pursued within a negligence, auto, or premises claim. A permanent TBI typically meets Florida's auto serious-injury threshold to sue for pain and suffering, and ordinary (non-medical-malpractice) injury claims generally have no statutory cap on noneconomic damages.
- Florida Wrongful Death Claims
Florida's Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) requires the decedent's personal representative to bring a single action for the benefit of survivors and the estate. The Act defines who counts as a 'survivor' (with 'minor children' meaning under 25), sets the recoverable damages, and carries a two-year deadline.
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