Florida law
Personal Injury Laws in Florida.
Florida shifted to a modified comparative fault system (51% bar) in 2023 under HB 837, meaning you can recover damages only if you are 50% or less at fault. The general statute of limitations for negligence was also reduced from 4 years to 2 years. Florida is a no-fault auto insurance state requiring Personal Injury Protection (PIP) coverage, so you must meet a serious injury threshold to sue the at-fault driver.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury claims based on negligence must be filed within 2 years of the date of injury. This was reduced from 4 years by HB 837, effective March 24, 2023.
Exceptions
When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.
The statute of limitations is tolled during minority. The clock starts when the child turns 18, but the total tolling extension cannot exceed 7 years from the date of injury.
Wrongful death actions must be filed within 2 years of the date of death. There is no statute of limitations if the death resulted from murder or manslaughter.
Claims against a government entity require written notice to the appropriate agency and the Department of Financial Services within 3 years. Liability is capped at $200,000 per claim and $300,000 per incident.
State law
Fault & Liability Rules
As of March 24, 2023 (HB 837), Florida follows modified comparative negligence. You are barred from recovery if you are more than 50% at fault. Your recovery is reduced by your percentage of fault. Medical malpractice claims are exempt from this change and still follow pure comparative negligence.
State law
Damage Caps
Florida does not impose a statutory cap on compensatory damages in general personal injury cases.
Punitive damages are generally capped at the greater of 3 times compensatory damages or $500,000. If motivated by unreasonable financial gain, the cap increases to 4 times compensatory or $2 million. No cap applies for intentional harm. Requires clear and convincing evidence.
State law
Auto Insurance System
Florida is a no-fault auto insurance state. Drivers must carry $10,000 in Personal Injury Protection (PIP), which pays 80% of medical expenses and 60% of lost wages regardless of fault. To sue the at-fault driver, you must show a significant and permanent injury — such as permanent loss of a bodily function, permanent scarring, or death.
Tort Threshold
Significant and permanent loss of bodily function, permanent injury, significant scarring/disfigurement, or death
State law
Filing Requirements
Filing fee for civil actions in Florida circuit court. Fees vary slightly by county and number of defendants.
Cases are generally filed where the defendant resides, where the cause of action accrued, or where the property in litigation is located.
State law
Key Florida Statutes
Florida uses several liability proportional to fault. A defendant is jointly and severally liable only if found more than 50% at fault. Otherwise, each defendant pays only their proportional share.
The personal representative files the wrongful death action on behalf of survivors. Recoverable damages include lost support, lost companionship (for minor children), and mental pain and suffering (for parents of a deceased minor).
Florida generally does not hold bars or restaurants liable for injuries caused by intoxicated patrons. Liability exists only when alcohol is willfully served to a minor under 21 or to a person habitually addicted to alcohol.
Dog owners are strictly liable for bite injuries regardless of the dog's prior behavior or the owner's knowledge of viciousness. The victim's comparative negligence reduces the owner's liability proportionally.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Florida.
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