Florida Personal Injury Laws
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
Pure Comparative Fault
Non-Economic Damages Cap
No Cap
Fault Rule: Pure Comparative Fault
You can recover damages even if you are 99% at fault, but your award is reduced by your percentage of fault.
Average Settlement Amounts in Florida
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 |
Key Florida Personal Injury Statutes
- •Fla. Stat. § 95.11 (statute of limitations)
- •Fla. Stat. § 768.81 (comparative fault, 2023 reform)
- •Fla. Stat. § 767.04 (dog bite strict liability)
Damage Caps in Florida
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.
Injury Claims in Florida
Learn more about specific injury types and how Florida law applies to each.
Major Cities in Florida
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.