Florida’s statute of limitations for personal injury cases was reduced from four years to two years when House Bill 837 took effect on March 24, 2023. Under Florida Statute § 95.11, most negligence-based claims, including car accidents, slip and falls, and premises liability, must be filed within two years of the injury date. Missing that deadline ends your right to recover compensation entirely. Do not wait.
You may have personal injury protection benefits or medical payments coverage through your car or rental car insurance that may cover medical expenses and lost wages. This coverage is typically $10,000 (sometimes subject to a deductible), but the amount can vary. If you file a claim against a negligent party, you may also be able to assert a claim for past and future medical expenses and lost income.
You do not pay anything up front for attorney fees or litigation costs. Any fees and costs will be paid from any settlement or money recovered on your behalf. The attorney’s fee is generally between 33 1/3% and 40% of any recovery. After costs are deducted, the remainder is the net amount paid to you.
In most automobile accidents, the at-fault driver may carry liability insurance ranging from $10,000 to $1,000,000. If a commercial truck is involved, carriers are generally required to carry at least $500,000 in liability coverage. In accidents on commercial properties such as theme parks or supermarkets, the property owner typically carries premises liability insurance, often around $1,000,000, which may be available to injured parties.
Florida offers uninsured/underinsured motorist (UM/UIM) coverage for situations where the at-fault driver has no insurance or not enough to cover your damages. This coverage is particularly important for visitors renting vehicles, as rental car insurance may not always include it. For example, in a case where an at-fault driver who caused a fatal accident carried only $10,000 in bodily injury coverage, the victims were limited to recovering that amount because the vehicle they were in lacked UM/UIM coverage. Purchasing as much of this coverage as possible when renting or owning a vehicle is strongly recommended.
In Florida, if you are injured in an automobile accident caused by someone else’s negligence, you may recover economic damages such as out-of-pocket medical expenses and lost wages. To recover non-economic damages, such as pain and suffering, inconvenience, disability, disfigurement, or loss of the capacity to enjoy life, you must show that you have a permanent injury to a reasonable degree of medical probability, as determined by the treating physician.
In non-automobile accident cases, such as slip and falls caused by a business’s negligence, you do not need to demonstrate a permanent injury to recover non-economic damages like pain and suffering, inconvenience, disability, or disfigurement.
You may need to return to Florida if a lawsuit is filed. However, the goal is to resolve your claim with as little inconvenience as possible before reaching that stage.
Cases can take anywhere from one month to two years, depending on whether a lawsuit is filed. The goal is to resolve each claim as efficiently and with as little disruption to you as possible.
The amount depends on the severity of your injuries and the resulting damages. A sprain, strain, or whiplash injury may be worth $5,000 to $15,000, while a broken bone or injury requiring surgery may range from $150,000 to $250,000. In cases involving death or catastrophic injury, recovery may exceed $1,000,000. The actual amount recoverable depends on the available insurance coverage held by the negligent party or their personal assets.
Attorney Simon Wiseman brings more than a quarter century of trial-tested experience to every personal injury case we handle. As a former prosecutor in Orange County, Florida, he has successfully managed high-profile cases and knows how to advocate for clients against well-resourced opponents, including corporations and insurers. His track record in negotiations, at trial, and before the media reflects a firm commitment to pursuing full and fair compensation for those injured through someone else’s negligence.
If you or someone close to you has been injured and you have questions about your options, our team is available 24 hours a day. Contact us through our contact form to get started.