Florida follows modified comparative fault with a 51 percent bar. This directory covers Florida-specific filing deadlines, damage caps, 25/50/10 liability insurance minimums, small claims rules, and links to the The Florida Bar referral resources.
This Florida personal injury lawyer directory provides state-specific legal research resources, not paid attorney listings. Florida uses modified comparative fault with a 51 percent bar, and understanding this system is essential before consulting an attorney. The 2 years filing deadline, Florida's damage cap rules, and 25/50/10 insurance minimums all shape how claims are valued and settled.
Florida requires drivers to carry minimum liability insurance of 25/50/10 ($25,000 bodily injury per person, $50,000 per accident, $10,000 property damage). Florida is a tort (at-fault) state with no PIP or no-fault system. Claims involving car crashes, truck accidents, premises liability, dog bites, product injuries, medical malpractice, or wrongful death each carry distinct deadlines and procedural requirements in Florida. The The Florida Bar operates a referral service to help connect injured persons with licensed attorneys.
| Resource | Use it for | Link |
|---|---|---|
| Florida bar association | Start with bar-sponsored public information, member lookup, referral options, discipline/licensing resources, or consumer guidance. | https://www.floridabar.org/ |
| ABA FindLegalHelp.org | Use ABA public resources for lawyer referral, free legal help, licensing information, and legal information. The ABA states that it does not provide individual legal representation. | ABA Find Legal Help |
| ABA bar directories and lawyer finders | Cross-check whether the ABA lists a bar-sponsored lawyer-finding resource for Florida. | ABA bar directories and lawyer finders |
| LSC legal-aid locator | Find LSC-funded civil legal aid near a Florida address, city, or ZIP code. LSC legal aid is income-eligible and usually focused on civil legal problems. | LSC I Need Legal Help |
The general Florida personal injury limitation period in this site data is 2 years for negligence accruing after Mar. 24, 2023, with citation to Fla. Stat. § 95.11(4)(a). Medical malpractice is listed as 2 years; 4-year repose, cited to Fla. Stat. § 95.11(4)(c). Wrongful death is listed as 2 years, cited to Fla. Stat. § 95.11(4)(d). The state source link is the state code or official state source.
Do not treat the general deadline as a complete filing calendar. Government defendants, public hospitals, public schools, transit agencies, counties, cities, state agencies, and federal defendants can require administrative notices or claims before a lawsuit. A minor claimant, delayed discovery, medical malpractice repose period, wrongful death appointment issue, bankruptcy stay, military service, or tolling agreement can also change the analysis. If a deadline is close, a referral-service call is not enough; the complaint, notice, service, and filing rules must be handled by someone licensed in the jurisdiction.
Damage caps are claim-specific. This directory tracks medical malpractice and health-care injury cap issues because they are common in personal injury research and can materially change settlement leverage. The current cap type in the site data is No broad cap. Summary: Medical malpractice noneconomic caps were invalidated by Florida Supreme Court decisions; no broad cap currently used. Primary citation: Estate of McCall; N. Broward Hosp. Dist. v. Kalitan.
For ordinary negligence cases, the most important cap may be the available insurance limit rather than a statute. A low bodily injury limit, rejected underinsured motorist coverage, medical liens, workers compensation reimbursement rights, Medicare or Medicaid liens, and comparative fault can reduce net recovery even when there is no broad compensatory damages cap. Punitive damages, dram-shop claims, government defendants, and medical malpractice claims can add separate statutory issues. Use the internal cap table for a first pass, then verify the newest statute and case law with a licensed attorney.
The following table summarizes the key Florida-specific rules that shape personal injury claims in this state.
| Legal Rule | Florida Standard | Citation |
|---|---|---|
| Fault system | modified comparative fault with a 51 percent bar | Fla. Stat. § 768.81 (as amended by HB 837, 2023) |
| PI statute of limitations | 2 years | Fla. Stat. § 95.11(3)(a) (changed from 4 years by HB 837, 2023) |
| Med-mal deadline | 2 years | Fla. Stat. § 95.11(4)(b) |
| Wrongful death deadline | 2 years | Fla. Stat. § 768.19 |
| Min. BI insurance | 25/50/10 | State insurance code |
| PIP required | No | |
| No-fault system | No (tort/at-fault) | |
| Small claims limit | $8,000 | Small Claims Division (County Court) |
| Dog bite rule | Strict liability | |
| Dram shop liability | Yes | Fla. Stat. § 768.125 (limited: minors and habitual drunkards only) |
| Govt. claim notice | 3 years for state (Fla. Stat. § 768.28(6)(a)) | |
| Bar referral | Florida Bar Lawyer Referral Service |
Florida follows modified comparative fault with a 51 percent bar (Fla. Stat. § 768.81 (as amended by HB 837, 2023)). The plaintiff's damages are reduced by their share of fault, but if the plaintiff bears 51 percent or more of the responsibility, they cannot recover anything. A plaintiff who is exactly 50 percent at fault can still recover, but their award is cut in half.
Example: A jury awards $250,000. If you are found 50 percent at fault, you still recover $125,000. But if the jury finds you 51 percent at fault, you recover nothing under Florida's proportionate fault rule.
Because the 51 percent threshold is a hard cutoff, insurance adjusters in Florida frequently argue that the plaintiff bears at least 51 percent of the fault to avoid paying any damages at all. This is why documented evidence of the other party's negligence (police reports, witness statements, photos, video footage) is critical in Florida claims.
Florida requires minimum liability insurance of 25/50/10: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $10,000 property damage per accident.
| Coverage Type | Florida Minimum |
|---|---|
| Bodily injury per person | $25,000 |
| Bodily injury per accident | $50,000 |
| Property damage | $10,000 |
| PIP (Personal Injury Protection) | Not required |
| No-fault system | No (tort/at-fault state) |
When the at-fault driver carries only minimum coverage and medical bills exceed the $25,000 per-person limit, the gap becomes an underinsured motorist (UIM) issue. Check your own auto policy for UM/UIM coverage, as it may provide additional recovery that does not depend on the at-fault driver's insurance.
Florida small claims courts (Small Claims Division (County Court)) handle disputes up to $8,000. For minor injury claims within this range, small claims court can be faster and less expensive than filing in a higher court, though complex cases with significant medical evidence may require the formal procedures of a superior or circuit court.
Florida imposes strict liability on dog owners for bite injuries. The owner is liable regardless of whether the dog had any prior history of biting or aggression, and regardless of whether the owner knew the dog was dangerous. The injured person does not need to prove owner negligence; they only need to prove the dog bit them and they were lawfully present.
Florida has limited dram shop liability (Fla. Stat. § 768.125 (limited: minors and habitual drunkards only)). Alcohol vendors can be held liable only in narrow circumstances, such as serving alcohol to a minor or to a person known to be habitually addicted. General over-service of alcohol to adults does not create vendor liability.
Claims against Florida government entities (cities, counties, state agencies, school districts) require a formal notice within a specific time frame: 3 years for state (Fla. Stat. § 768.28(6)(a)). Missing this administrative deadline can permanently bar the claim even if the general statute of limitations has not expired. Government defendants may also have separate damage caps and immunity protections.
Florida-specific accident scenarios include tourist-area crashes in Orlando and Miami, motorcycle and scooter injuries in coastal areas, hurricane and storm-damage claims, boating and jet-ski accidents, theme park injuries, rideshare crashes in Tampa and Jacksonville, slip-and-fall claims at commercial properties and condominiums, and nursing home abuse cases. Miami-Dade Circuit Court, Broward County, Hillsborough County (Tampa), and Orange County (Orlando) are among the busiest personal injury courts in the nation.
Florida underwent dramatic tort reform in 2023 (HB 837), cutting the PI statute of limitations from 4 to 2 years and switching from pure comparative to 51% bar. This makes Florida significantly more restrictive than it was previously, and more restrictive than neighboring Georgia (same 51% bar but without the recent SOL reduction). Florida also transitioned from no-fault to tort insurance in July 2026.
Start by confirming the lawyer's active license through the The Florida Bar. Check for any public disciplinary history. Ask whether the lawyer personally handles Florida personal injury cases, whether litigation is filed in-house or referred to other firms, and whether they have experience with the specific claim type in Florida courts.
Fee structure should be documented in writing before representation begins. Most personal injury matters use a contingency fee, commonly around one-third of the recovery. Ask whether the percentage changes after a lawsuit is filed, after arbitration, or at trial. Ask whether the firm advances case expenses and whether you owe costs if there is no recovery. Red flags include pressure to sign immediately, promises of a guaranteed settlement value, and vague statements about who is actually licensed to practice in Florida.
Bring the police crash report or incident report, photos from the scene, all medical records and billing statements, your auto insurance declarations page showing liability and UM/UIM limits, the at-fault party's insurance information, health insurance EOB statements, wage documentation from your employer, and any settlement offer already received. For premises liability cases, gather photos of the hazard and any maintenance or incident reports.
If a government entity may be involved, note the 3 years for state (Fla. Stat. § 768.28(6)(a)) notice deadline and bring any correspondence already sent to the government agency.
The Florida Bar Lawyer Referral Service can connect you with a licensed attorney for an initial consultation. Many bar referral services offer a reduced-fee first meeting to help evaluate your claim.
For low-income Florida residents, LSC-funded civil legal aid organizations focus on housing, family safety, consumer, and public benefits issues. While these organizations do not typically handle contingency-fee personal injury cases, they may assist with related problems such as medical debt, insurance disputes, or housing instability caused by injury. Use the LSC locator with a Florida ZIP code for the nearest program. The ABA's Find Legal Help page provides additional public resources.
Under Florida's modified comparative fault rule (Fla. Stat. § 768.81 (as amended by HB 837, 2023)), you are barred from recovery if you are 51 percent or more at fault. If you are exactly 50 percent at fault, you can still recover, but your award is reduced by half.
The general statute of limitations for personal injury in Florida is 2 years (Fla. Stat. § 95.11(3)(a) (changed from 4 years by HB 837, 2023)). Medical malpractice claims have a 2 years deadline (Fla. Stat. § 95.11(4)(b)). Wrongful death claims must be filed within 2 years (Fla. Stat. § 768.19). Claims against government entities may require earlier notice.
Florida requires 25/50/10 minimum liability coverage: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $10,000 property damage. Florida is a tort (at-fault) state with no PIP or no-fault system.
Yes. Florida imposes strict liability on dog owners for bite injuries. The owner is liable regardless of whether the dog had any prior history of aggression or biting. The injured person only needs to prove the bite occurred and they were lawfully present.
Florida small claims courts (Small Claims Division (County Court)) handle disputes up to $8,000. For minor personal injury claims within this range, small claims court can be faster and less expensive than filing in a higher court.
Yes. The Florida Bar Lawyer Referral Service connects the public with licensed attorneys. You can access this service through the The Florida Bar website. The ABA and LSC also provide public referral resources.
Florida dram shop liability is very limited, applying only when alcohol is served to a minor or a person habitually addicted to alcohol