Florida Laws That Protect Injury Victims

Florida applies comparative fault, not pure comparative negligence. Under 768.81(2), a claimant's contributory fault diminishes the award proportionately but does not bar recovery. Two further provisions matter as much as the headline rule. First, 768.81(3) requires 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, so a defendant is generally answerable only for its own share; fault may be allocated to a nonparty where the defendant pleads it and proves it by a preponderance of the evidence. Second, 768.81(6), added by s. 9, ch. 2023-15, provides that any party found to be GREATER THAN 50 PERCENT at fault for their own harm may not recover any damages. That subsection does not apply to an action for personal injury or wrongful death arising out of medical negligence under chapter 766. Section 768.81(4) disapplies the section entirely to intentional torts and to causes of action governed by chapters 403, 498, 517, 542, and 895.

Why it matters: Decides how much you can recover when your own conduct contributed to the accident. The 50 percent bar in subsection (6) is a complete bar rather than a reduction, and the loss of joint and several liability means a single defendant may be responsible for only a fraction of the damages. Together these make fault allocation often the most contested issue in a catastrophic injury case.

An action founded on negligence must be commenced within two years. Before 23 March 2023 this period was four years; CS/CS/HB 837 (ch. 2023-15) cut it to two years, applying to causes of action accruing after that date. Which period governs depends on when your claim accrued, so accidents from before March 2023 may still be on the four-year clock.

Why it matters: Miss this deadline and the claim is permanently barred regardless of the strength of the evidence. This is the single most common way catastrophic injury claims are lost.

An action for wrongful death must be commenced within two years. This subsection was formerly numbered 95.11(4)(d) before a new subsection (4) on medical debt was inserted in 2023. The period is two years — there is no separate 'Wrongful Death Act' statute of limitations, and no four-year period applies to wrongful death. A wrongful death caused by medical malpractice is instead governed by 95.11(5)(c) and the pre-suit requirements of chapter 766. One important exception runs the other way: under 95.11(11), a wrongful death action seeking damages under 768.21 against a natural person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be commenced at any time, and that subsection does not require an arrest, formal charges, or a conviction as a precondition for filing. Note also that 95.11(7) applies laches, so even where a period has not expired an action may be barred by unreasonable delay.

Why it matters: Sets the outer deadline for a family's claim after a fatal injury. Because the clock runs from the death rather than the injury, families frequently lose time waiting for an autopsy or funeral before consulting anyone.

The Wrongful Death Act itself 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: the personal representative of the estate, in the order of priority set out there. Section 768.21 sets the recoverable damages, which include loss of support and services, loss of parental consortium and the companionship and guidance of children, and the decedent's funeral expenses. Note that 768.31 is a different statute entirely — it governs contribution among tortfeasors.

Why it matters: Defines who is entitled to bring a claim after a death and what they can recover. The order of priority matters, because a more remote relative cannot sue ahead of a closer one.

Two subsections of 95.11(3) carry a four-year period. Paragraph (3)(d) covers an action for injury founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated into an improvement to real property. Paragraph (3)(b) covers the design, planning, or construction of an improvement to real property, running from the certificate of occupancy or completion, with a seven-year outer limit where the defect is latent. This is the category where four years genuinely applies. It is not the wrongful death period, which is two years under 95.11(5)(e).

Why it matters: Relevant where a defective product or a construction defect, rather than a careless driver, caused the injury. Note the subsection numbering: products are (3)(d) and construction is (3)(b).

Every Florida motor vehicle policy must provide personal injury protection up to $10,000 in medical and disability benefits, plus $5,000 in death benefits. PIP pays 80 percent of reasonable medical expenses and 60 percent of lost wages regardless of who was at fault, up to the policy limits. Benefits are generally forfeited for failure to obtain medical care within 14 days of the accident or to submit to a medical examination when requested.

Why it matters: PIP is the first layer of compensation after a Florida crash and is available even when the other driver was clearly at fault. Missing the 14-day treatment requirement is a common and avoidable way to lose it.

Insurers must offer uninsured motorist (UM) and underinsured motorist (UIM) coverage with every Florida auto policy. UM applies when the at-fault driver carries no insurance; UIM applies when that driver carries insurance but not enough. UIM also pays, in many policies, the deductible and other amounts PIP does not cover.

Why it matters: Catastrophic injury claims almost always exceed the at-fault driver's minimum liability limits, so UM/UIM is frequently the largest single recovery on an auto case. If you declined it, that decision may have cost more than the premium saved.

Florida waives sovereign immunity for the state and its agencies and subdivisions, but liability is capped at $200,000 to any one person and $300,000 for all claims arising out of a single incident. Punitive damages and pre-judgment interest are not recoverable. Strict written notice requirements must be satisfied, and a separate state-agency procedure may apply to claims above the caps.

Why it matters: Accidents involving public roads, sidewalks, school buses, or government vehicles cap recovery far below a comparable private claim and require procedural steps that are easy to miss.

No claim for punitive damages is permitted unless the record or proffered evidence would provide a reasonable basis for recovery. The defendant may be held liable for punitive damages only on 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.

Why it matters: Governs whether victims of drunk driving or dangerous products can recover punishment-based damages. The heightened pleading and proof requirements mean these claims are rarely available on the facts of an ordinary accident.

Either party may make a written settlement offer before trial. If the offer is not accepted and the judgment or settlement in the action is at least 25 percent more favourable than the offer, the party who rejected it must pay the other side's reasonable attorney's fees and costs, assessed against that party.

Why it matters: Creates strong financial incentives to resolve catastrophic injury cases. Insurers use it to discourage suits; defence counsel use it to test whether a carrier's offer was made in good faith.

Authorises structured settlement payment methods for damage awards where the defendant has fewer than 50,000 assets or is not adequately insured, subject to court approval. Structured settlements are the standard way catastrophic injury awards are funded to cover lifetime medical and care costs.

Why it matters: Explains how a large award can be converted into a payment stream that funds years of rehabilitation and attendant care, rather than a single lump sum that a catastrophically injured person cannot manage.

When an insurer wrongfully refuses to pay a covered claim and the insured must bring suit to collect, the insurer must pay the insured's attorney's fees, in addition to the amount owed on the claim.

Why it matters: Levels the playing field in disputed PIP, UM/UIM, and property claims. The fee-shifting consequence often makes early resolution far cheaper for an insurer than litigation.

Medical malpractice actions are subject to strict pre-suit conditions. The claimant must serve a notice of intent to sue, which tolls the limitations period while the 90-day pre-suit screening period runs, and must obtain corroboration from a physician in the same specialty who confirms the failure to meet the standard of care. Filing without complying bars the claim.

Why it matters: These procedural steps are mandatory and easily missed. A claimant who files immediately, however confident of the merits, may have the case dismissed on a technicality.

A medical malpractice action must be commenced within two years of the incident or within two years of its discovery with reasonable diligence, but never later than four years from the incident. The four-year period does not bar an action brought on behalf of a minor before the child's eighth birthday. Where fraud or concealment prevented discovery, the period is extended two years, capped at seven years from the incident. Economic damages are not capped, but non-economic damages are limited to $500,000 against a practitioner and, for most others, $750,000, with those amounts adjusted for inflation.

Why it matters: The two-year deadline is shorter than it looks because the discovery rule rarely helps: it does not toll while you are still treating, and a delayed diagnosis may restart it. Caps on non-economic damages can be decisive in high-value cases.

An employer that carries required workers' compensation coverage is generally immune from tort lawsuits by its employees for workplace injuries. Narrow exceptions exist, including intentional torts and situations where the employer failed to maintain required coverage or procured the injury through intentional misconduct.

Why it matters: Determines whether a catastrophically injured worker can sue the employer directly or must proceed solely within the workers' compensation system, which does not cover pain and suffering.

Section 768.76 provides that the collateral source rule generally bars a defendant from reducing a damage award because the plaintiff has received compensation from a source collateral to the defendant, such as health insurance, workers' compensation, or disability benefits. The rule does not prevent the trier of fact from discovering the existence of such sources in order to ensure the award is fair, nor does it apply to payments made with a full and complete release.

Why it matters: A defendant cannot argue that your damages should shrink because your health insurer paid the bills — but the amount of those bills is still admissible when the jury assesses whether the award puts you in the position you would have occupied absent the injury.

A cause of action for wrongful death belongs to the decedent's estate, and the personal representative brings it on behalf of the survivors. Section 733.607 governs the order of priority among survivors who may recover, and bars anyone who knowingly causes or contributes to the death from taking under the statute.

Why it matters: Identifies who has standing to sue and in what order, and prevents the person responsible for the death from profiting from it. Often decisive in disputed-death cases.