How long do I have to file a personal injury claim in Florida?

In Florida, the statute of limitations for most personal injury claims is 2 years. You must file your lawsuit within 2 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in Florida personal injury cases?

In Florida: No cap on most compensatory damages. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in Florida?

Average personal injury settlements in Florida range from approximately $70,000–$320,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

Florida Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in Florida?

Florida uses Modified comparative fault (51% bar, as of 2023). Your compensation is reduced by your percentage of fault in causing the accident.

2 years Filing deadline

51% bar Fault system

$70,000 Avg settlement (low)

6 Common case types

Overview of Personal Injury Law in Florida

Florida changed from pure to modified comparative fault in 2023. Plaintiffs who are more than 50% at fault now cannot recover damages. The statute of limitations was also reduced from 4 years to 2 years in 2023 for negligence claims.

This guide covers the most important rules for personal injury claims in Florida, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Florida attorney for your specific situation.

Key Florida Personal Injury Statutes

Fla. Stat. § 95.11 (SOL)

Fla. Stat. § 768.81 (comparative fault)

Fla. Stat. § 768.21 (wrongful death)

Most Common Personal Injury Cases in Florida

Car Accidents

Slip & Fall

Medical Malpractice

Product Liability

Wrongful Death

Workplace Injury

Florida Damages Caps & Average Settlements

Damages Rule No cap on most compensatory damages

Average Settlement $70,000–$320,000

Fault System Modified comparative fault (51% bar, as of 2023)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Florida.

Frequently Asked Questions — Florida Injury Law

How long do I have to file a claim in Florida?

In Florida, you generally have 2 years to file a personal injury lawsuit from the date of injury. Key statute: Fla. Stat. § 95.11(3)(a).

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Florida attorney to confirm your deadline.

What is Florida's fault system?

Florida uses Modified comparative fault (51% bar, as of 2023). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in Florida?

Florida damage rules: No cap on most compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Florida?

Personal injury settlements in Florida average approximately $70,000–$320,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a Florida attorney →

Injured in Florida? Get Help Now.

Personal injury laws in Florida can be complex and deadlines are strict. A qualified Florida personal injury attorney can evaluate your case for free — with no upfront costs.

Find a Florida Lawyer → Legal Guides

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Florida attorney for legal advice.