Modified Comparative Negligence (50% Bar)
Florida shifted from pure to modified comparative negligence in March 2023 (HB 837). Plaintiff is barred from recovery if more than 50% at fault. If less than 50% at fault, damages are reduced proportionally. This represents a significant change from the previous pure comparative negligence system.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Florida shifted from pure to modified comparative negligence in March 2023 (HB 837). Plaintiff is barred from recovery if more than 50% at fault. If less than 50% at fault, damages are reduced proportionally. This represents a significant change from the previous pure comparative negligence system.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.
Florida may have specific caps for medical malpractice; additional research needed
$0
Based on reported cases in Florida
4,128
Personal injury lawsuits per year
Florida has produced numerous landmark personal injury cases, particularly in automobile and premises liability law. The case of Hoffman v. Jones (1973) established Florida's pure comparative negligence system, eliminating the complete bar to recovery that existed under contributory negligence.
Florida has been central to tobacco litigation, with the Engle v. Liggett Group class action resulting in billions in settlements. Although the class was decertified, the case's findings enabled thousands of individual "Engle progeny" cases to proceed, many resulting in significant verdicts throughout Florida courts.
The state has seen major verdicts in nursing home abuse cases, reflecting Florida's large elderly population. A $100 million verdict against a nursing home chain in 2015 highlighted the courts' willingness to punish neglect of vulnerable residents. Florida's statutory provision for punitive damages in these cases enables substantial recoveries.
Recent years have brought significant settlements in rideshare accident cases and theme park injuries, reflecting Florida's tourism-heavy economy. The state's no-fault auto insurance system and its interaction with personal injury claims has produced important case law on when tort lawsuits are permitted after meeting the injury threshold.
Florida personal injury cases are filed in Circuit Courts, which handle civil matters over $50,000. For smaller claims, County Courts have jurisdiction. Florida has 20 judicial circuits, each covering one or more counties, with the 11th (Miami-Dade) and 17th (Broward) circuits being among the busiest.
Florida has specific requirements for personal injury protection (PIP) threshold cases. To sue for non-economic damages from auto accidents, plaintiffs must demonstrate permanent injury, significant disfigurement, or death. Medical documentation establishing this threshold is essential before filing.
The state requires pre-suit investigation in medical malpractice cases with a 90-day notice period before filing. During this period, the defendant's insurer must investigate and respond. This requirement aims to encourage pre-suit settlement of meritorious claims.
Florida courts use case management orders that set discovery deadlines, expert disclosure dates, and trial periods. E-discovery is common, and depositions are used extensively. Most personal injury cases settle, but Florida courts can bring cases to trial within 12-18 months through efficient docket management.
Florida attorneys are licensed by the Florida Bar. For personal injury matters, seek attorneys who are board certified in Civil Trial Law—a designation requiring significant trial experience and examination. Only about 1% of Florida Bar members hold this certification.
The Florida Justice Association (FJA) is the state's primary organization for plaintiff attorneys. FJA members often have extensive trial experience and stay current on Florida personal injury law developments. Ask about FJA membership when interviewing attorneys.
Given Florida's no-fault insurance system, your attorney must understand how PIP benefits interact with your injury claim. This system is unique to Florida (and a few other states) and significantly affects case strategy. Experience with Florida's comparative fault system is also crucial.
Florida's diverse population means many attorneys offer services in Spanish, Haitian Creole, and Portuguese. In South Florida particularly, multilingual representation is readily available. Standard contingency fees range from 33-40%, and the Florida Bar regulates attorney fee agreements.
As of March 2023, Florida's statute of limitations for negligence claims was reduced from 4 years to 2 years under HB 837. This significant change means you have less time to file a claim than under previous law. Intentional torts retain a 4-year limitation period.
Medical malpractice claims have a 2-year statute of limitations with a 4-year statute of repose. The discovery rule may extend the deadline when injuries weren't immediately apparent, but the 4-year outer limit applies regardless of discovery in most cases.
Claims against Florida government entities require notice within 3 years, but you must also follow the claims process under Florida Statute 768.28. The claim must be presented before filing suit. For minors, the statute is tolled until age 18, at which point the 2-year period begins.
This calculator provides estimates only and is not legal advice. Laws in Florida are complex and individual case results vary. Consult a licensed Florida attorney for advice specific to your case.