Personal Injury Lawsuit in Florida
Filing a personal injury lawsuit in Florida is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
No-Fault
Auto System
$15,000 – $75,000
Avg Settlement
Lawsuit Steps in Florida
Hire an Attorney
Most personal injury attorneys in Florida work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Florida court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Florida court rules.
Key Florida Law Facts
Florida is a no-fault auto insurance state requiring all drivers to carry PIP coverage of at least $10,000, which pays 80% of medical bills and 60% of lost wages regardless of fault — tort lawsuits require meeting a serious injury threshold.
Florida switched to a modified comparative fault system with a 51% bar in March 2023 under HB 837 — previously using pure comparative fault, plaintiffs who are now found 51% or more at fault are completely barred from recovering damages.
The statute of limitations for personal injury claims was reduced from 4 years to 2 years by HB 837 in 2023 under Fla. Stat. § 95.11(3)(a), significantly shortening the time injured Floridians have to file personal injury lawsuits.