Naples Personal Injury Lawyers

Comparative Negligence (Fla. Stat. § 768.81): Florida operates under a modified comparative negligence system. If you are partially at fault for your accident, your damages are reduced by your percentage of responsibility. Under HB 837, which took effect in March 2023, you are completely barred from recovering compensation if you are found 51% or more at fault — a significant change from the prior pure comparative negligence standard.

PIP / No-Fault Insurance (Fla. Stat. § 627.736): Florida’s no-fault insurance law requires every driver to carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP pays 80% of medical expenses and 60% of lost wages regardless of fault. You must seek medical treatment within 14 days of an accident to qualify for PIP benefits.

Statute of Limitations (Fla. Stat. § 95.11(3)(a)): As of March 2023, Florida’s statute of limitations for personal injury claims is two years from the date of injury. This was reduced from four years by HB 837. Filing after this deadline will almost certainly result in your case being dismissed, making prompt legal consultation essential.

Wrongful Death (Fla. Stat. §§ 768.19–768.26): The Florida Wrongful Death Act allows surviving family members to seek compensation when a loved one is killed due to another party’s negligence. Eligible survivors include spouses, children, parents, and other dependents. A wrongful death claim must also be filed within the two-year statute of limitations.