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Part of a consumer legal information network published by Number One Son Software Development. Aggregated from publicly available sources.
Legal notice: Information provided is for general educational purposes only and is not legal advice. Laws vary by jurisdiction and change over time. For guidance about your specific situation, consult a licensed attorney in your state.
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Florida moved to a modified comparative fault (51% bar) system in 2023 under HB 837, reversing its long-standing pure comparative fault rule — plaintiffs who are more than 50% at fault are now barred from recovery. The same reform eliminated non-economic damage caps in medical malpractice and shortened certain statutes of limitations. Florida remains one of the most litigated states for personal injury due to its large population and tourism industry.
Statute of Limitations
2 years
Fault Rule
Modified Comparative Fault (51% Bar)
Non-Economic Damages Cap
No Cap
You can recover damages only if you are less than 51% at fault. Your award is reduced by your percentage of fault.
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Florida.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $25,000 |
| Slip and Fall | $22,000 |
| Dog Bite | $40,000 |
Florida does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
Florida does not have a specific medical malpractice damages cap.
Learn more about specific injury types and how Florida law applies to each.
Personal injury attorneys in Florida serve clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.