Accidents & Injuries in Florida

As of March 24, 2023, Florida Statutes Section 95.11(3)(a) was amended by HB 837 to reduce the personal injury statute of limitations from four years to two years for negligence claims. If your accident occurred before March 24, 2023, the four-year period may still apply. Government claims must comply with FS 768.28's pre-suit notice requirements.

HB 837, effective March 24, 2023, changed Florida's fault system from pure comparative fault to modified comparative fault with a 51% bar (FS 768.81). If you are found more than 50% at fault for an accident, you are completely barred from recovering damages from the other party. If you are 50% or less at fault, your recovery is reduced proportionally.

Yes. Florida requires all drivers to carry $10,000 in personal injury protection (PIP) under FS 627.736. After an accident, your PIP coverage pays your medical expenses and lost wages regardless of fault. To sue the other driver for pain and suffering or for damages exceeding PIP, you must meet Florida's serious injury threshold under FS 627.737.

Under Florida Statutes Section 627.737, you may step outside of the no-fault PIP system and pursue a claim against the at-fault driver if you suffered significant and permanent loss of an important bodily function, permanent injury other than scarring, significant and permanent scarring or disfigurement, or death. Minor injuries covered by PIP cannot form the basis of a tort lawsuit against the other driver.

Under Florida Statutes Section 627.736(1)(a), you must seek initial medical treatment within 14 days of an auto accident to qualify for the full $10,000 in PIP benefits. If you do not receive medical care within this window, your PIP coverage may be limited to $2,500 for non-emergency conditions. This 14-day deadline is strictly enforced by Florida insurers and could significantly affect the compensation available for your medical expenses and lost wages.

Under the modified comparative fault system enacted by HB 837 (effective March 24, 2023), you may still recover damages if you were 50% or less at fault — your award would be reduced by your percentage of fault. However, if you are found to be 51% or more at fault, you are completely barred from recovering any damages from the other party. For accidents that occurred before March 24, 2023, the prior pure comparative fault rule may still apply, potentially allowing recovery regardless of your fault percentage.