Florida Injury Laws: What Accident Victims Need to Know

The Statutes That Govern Florida Injury Claims

Most Florida injury disputes are decided by a relatively small number of provisions. Knowing which one governs, and what it actually says, is most of what is needed to understand where a case stands. This guide is an orientation; the individual guides on this site examine each provision in detail.

1. The Deadline - Section 95.11

Section 95.11, Florida Statutes, sets the time within which nearly every claim must be commenced. For injury claims the relevant provisions are:

• Two years for an action founded on negligence, Section 95.11(5)(a).
• Two years for an action for wrongful death, Section 95.11(5)(e), running from the date of death.
• Two years, with an absolute four-year outer limit for medical malpractice, Section 95.11(5)(c), subject to a special rule for minors and a limited extension for fraud or concealment.
• Four years for injury from defective personal property, Section 95.11(3)(d), and for construction of an improvement to real property, Section 95.11(3)(b), with a seven-year outer limit for latent defects.

CS/CS/HB 837 (ch. 2023-15) shortened the negligence period from four years to two years, applying to causes of action accruing after 23 March 2023. Claims arising from earlier accidents may still be governed by the longer period, and the date of injury decides which applies. Section 95.11(7) separately applies laches, so an action can be barred by unreasonable delay even before a statutory period expires.

2. How Fault Is Allocated - Section 768.81

Florida applies comparative fault, not pure comparative negligence. Three subsections determine the outcome.

• Section 768.81(2) provides that a claimant's contributory fault diminishes the award proportionately but does not bar recovery, "subject to subsection (6)."
• Section 768.81(6), added by section 9 of chapter 2023-15, provides that a party found to be greater than 50 percent at fault for their own harm may not recover any damages. The bar does not apply to an action for personal injury or wrongful death arising out of medical negligence under chapter 766.
• Section 768.81(3) requires the court to enter judgment against each liable party on the basis of that party's percentage of fault and not on the basis of joint and several liability. A defendant is generally answerable only for its own share of the fault.

Section 768.81(3)(a) permits fault to be allocated to a nonparty, but only where the defendant affirmatively pleads it, identifies the nonparty as specifically as practicable in its initial responsive pleading, and proves the nonparty's fault by a preponderance of the evidence. Section 768.81(4) excludes intentional torts, certain pollution claims, and claims governed by chapters 403, 498, 517, 542, and 895 from the section altogether.

3. Wrongful Death - Sections 768.16 to 768.26

The Wrongful Death Act is a group of sections, not a single statute. Section 768.19 creates the right of action, Section 768.20 identifies who may bring it and in what order, and Section 768.21 sets the recoverable damages, including loss of support and services, loss of parental consortium, loss of the companionship and guidance of children, funeral expenses, and lost net earnings.

Two points are commonly misstated. The decedent's own pre-death pain and suffering is not recoverable in a Florida wrongful death action. And Section 768.31, which is frequently quoted as part of the Act, is actually a statute about contribution among tortfeasors. Separately, Section 95.11(11) removes the deadline entirely for a wrongful death action under Section 768.21 against a natural person for an intentional tort resulting in death from acts described in Sections 782.04 or 782.07, and does not require an arrest, charges, or a conviction first.

4. Punitive Damages - Section 768.72

Punitive damages are not available as a matter of course. Section 768.72 provides that no claim for punitive damages is permitted unless the record or proffered evidence would provide a reasonable basis for recovery, and that liability requires clear and convincing evidence of intentional misconduct or gross negligence. Where the defendant is an employer, corporation, or other entity, its own conduct must additionally amount to active and knowing participation, knowing condonation, or gross negligence contributing to the loss. Discovery of a defendant's financial worth is not permitted until the claim is properly pleaded. Section 768.73 separately limits punitive damages in specified circumstances.

5. Government Claims - Section 768.28

Florida waives sovereign immunity, but Section 768.28 caps liability at $200,000 to any one person and $300,000 for all claims arising out of a single incident. Punitive damages and prejudgment interest are not recoverable, and strict written notice requirements must be satisfied. Where the claim arises from a public road, sidewalk, or public building, these caps and notice steps frequently determine the outcome, and the notice deadline is often much shorter than the filing deadline.

6. Medical Malpractice - Chapter 766

Medical malpractice claims are governed by chapter 766 in addition to Section 95.11(5)(c). Filing requires a notice of intent to sue, which starts the pre-suit screening period and tolls the limitations period while it runs, and corroboration by a physician in the same specialty confirming a failure to meet the standard of care. Non-economic damages are capped, at $500,000 against a practitioner and generally $750,000 against others, adjusted for inflation. Section 95.11(5)(c) states that it does not apply to actions for which Sections 766.301 through 766.316 provide the exclusive remedy.

7. Workplace Injuries - Section 440.11

Where an employer carries required workers' compensation coverage, Section 440.11 generally bars an injured employee from suing the employer in tort. Narrow exceptions include intentional torts, failure to maintain required coverage, and intentional misconduct. Because workers' compensation does not compensate pain and suffering, the availability of a third-party claim against a manufacturer, contractor, or other responsible party is often the significant issue in a workplace catastrophic injury.

8. Insurance and Damages

Section 627.736 requires personal injury protection of $10,000 in medical and disability benefits and $5,000 in death benefits, with forfeiture for failure to obtain treatment within 14 days. Sections 627.727 and 324.151 govern uninsured and underinsured motorist coverage, which is typically the largest recovery in a catastrophic case. Section 627.428 permits fee-shifting against an insurer that wrongfully refuses a covered claim. Section 768.78 authorises structured settlement payment methods, and Section 768.76 generally bars reducing an award because of collateral sources. Section 768.79 permits a written pre-trial offer with fee consequences if it is rejected and the result is at least 25 percent more favourable than the offer.

Sources

• Section 95.11, Florida Statutes - limitations, including subsections (3)(b), (3)(d), (5)(a), (5)(c), (5)(e), (7), and (11).
• Section 768.81, Florida Statutes - comparative fault.
• Sections 768.16-768.26 and 768.31, Florida Statutes - the Wrongful Death Act and contribution among tortfeasors.
• Sections 768.28, 768.72, 768.73, 768.76, 768.78, and 768.79, Florida Statutes - sovereign immunity, punitive damages, collateral source, structured settlements, and offer of judgment.
• Sections 627.736, 627.727, 324.151, and 627.428, Florida Statutes - insurance.
• Sections 440.11 and 766.101 and 766.111, Florida Statutes - workers' compensation and medical malpractice pre-suit requirements.

This guide is general information, not legal advice, and it does not create an attorney-client relationship. Which provisions govern your claim depends on its facts; have a Florida attorney assess your deadline and available coverage promptly.