Florida Personal Injury Attorneys

At DearLegal, we connect you with experienced Florida personal injury attorneys who understand HB 837’s sweeping changes — the new 2-year SOL, the 51% modified comparative fault bar, and the revised premises liability and bad-faith landscape. Whether your injury happened in Miami, Orlando, Tampa, Jacksonville, or on I-95 or the Florida Turnpike, we’ll match you with the right attorney — at no cost to get started.

For negligence claims accruing on or after March 24, 2023, two years under Fla. Stat. § 95.11(4)(a) as amended by HB 837. For older claims, the prior four-year SOL applies. Wrongful death remains two years under § 95.11(5). Medical malpractice has its own 2-year-from-discovery / 4-year repose framework under § 95.11(4)(b). Claims against the State or a Florida political subdivision require written notice under Fla. Stat. § 768.28(6).

Under Fla. Stat. § 768.81 as amended by HB 837, your recovery is reduced by your percentage of fault, but if you are more than 50% at fault you recover nothing. This is a significant change from Florida’s prior pure comparative fault regime, and adjusters have been pushing fault percentages aggressively ever since.

Auto and trucking crashes (with PIP and the serious-injury threshold); slip-and-falls (Fla. Stat. § 768.0755); swimming pool and resort injuries; theme park injuries; dog bites (strict liability under § 767.04); defective products; medical malpractice (with pre-suit requirements under § 766.106); nursing home neglect (with § 400.023 and § 429.29 frameworks); negligent security; rideshare crashes; recreational injuries; and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. Florida is a no-fault auto state — PIP pays up to $10,000 of medical and lost wages regardless of fault, and tort recovery requires meeting the serious-injury threshold under Fla. Stat. § 627.737.

Most settle, but Florida’s major venues — Miami-Dade, Broward, Orange, Hillsborough — return real verdicts when liability is clear. HB 837 changed the bad-faith and offer-of-judgment landscape significantly, and experienced counsel use those tools differently now than before reform.

Fla. Stat. § 768.28 governs all claims against the State and Florida political subdivisions. You must provide written notice within 3 years on the agency and the Department of Financial Services, wait 180 days before filing suit, and damages are capped at $200,000 per claim / $300,000 per incident (with claims bills available for amounts above the cap).

Florida personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. The Florida Bar sets sliding-scale presumptive fees (Rule 4-1.5(f)) that vary by stage of the case and recovery amount, and clients sign a statement of client’s rights. Case expenses are normally advanced by the firm.

Why Do You Need a Personal Injury Attorney in Florida?

Florida’s legal landscape changed dramatically when HB 837 became law on March 24, 2023. The negligence SOL dropped from four years to two years under Fla. Stat. § 95.11(4)(a), and Florida switched from pure comparative fault to modified comparative fault with a 51% bar under Fla. Stat. § 768.81 — meaning if you’re more than 50% at fault you recover nothing. The reform also tightened premises liability defenses, restricted bad-faith claims, and limited letters of protection. Florida claims against state and local government are governed by Fla. Stat. § 768.28, with a 3-year written notice requirement and a $200,000 / $300,000 sovereign immunity cap (subject to claims bills). Florida’s no-fault auto regime (PIP) and serious-injury threshold for car crashes add another layer.

When Do You Need a Personal Injury Attorney in Florida?

Our network includes Florida personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in Florida

From the moment you connect with a Florida personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Missing the new 2-year SOL under HB 837 for negligence claims post-3/24/2023

Treating the 51% bar as if it were the old pure comparative fault regime

Missing the § 768.28 notice or filing suit before the 180-day pre-suit period ends

Ignoring Florida’s no-fault PIP serious-injury threshold for auto cases

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Missing the new 2-year SOL under HB 837 for negligence claims post-3/24/2023

Treating the 51% bar as if it were the old pure comparative fault regime

Missing the § 768.28 notice or filing suit before the 180-day pre-suit period ends

Ignoring Florida’s no-fault PIP serious-injury threshold for auto cases

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common Florida Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Florida Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in Florida work on a contingency fee basis under the Florida Bar’s sliding-scale presumptive fees (Rule 4-1.5(f)). Typical fees range from 33⅓% pre-suit to 40% after suit is filed, with adjustments at higher recovery levels. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your Florida Personal Injury Compensation Include?

Economic Damages (No Cap in standard PI)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs. HB 837 amended Fla. Stat. § 768.0427 to limit medical-damage evidence to amounts actually paid or owed.

Non-Economic Damages (No Cap in standard PI)

Pain and suffering, emotional distress, loss of enjoyment, mental anguish — no statutory cap in standard personal injury cases. Sovereign immunity caps apply to public-entity claims.

Punitive Damages (Capped)

Capped under Fla. Stat. § 768.73 at the greater of 3x compensatory damages or $500,000 (higher caps for specific intentional or financially motivated conduct).

Loss of Consortium

Recoverable by the uninjured spouse, and in certain wrongful death cases by children, for loss of companionship, services, and society.

Wrongful Death

Recoverable under Fla. Stat. § 768.16 et seq. by statutory survivors. Damages include lost support, services, mental pain and suffering, and medical/funeral expenses.

PIP-Coordinated Damages

Florida-specific: Florida’s no-fault PIP regime pays up to $10,000 in medical and lost wages regardless of fault, with tort recovery available only on meeting the serious-injury threshold under Fla. Stat. § 627.737.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Florida Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in Florida?

When Do You Need a Personal Injury Attorney in Florida?

Types of Personal Injury Cases in Florida

Common Florida Personal Injury Mistakes

How Much Do Florida Personal Injury Attorneys Cost?

What Can Your Florida Personal Injury Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.