Personal Injury Law in Florida
Key rules for personal injury claims in Florida — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — Florida
- 01Major 2023–2024 tort reform: SOL shortened to 2 years, fault system changed to modified comparative
- 02No-fault auto state — PIP required, tort threshold for pain/suffering claims
- 03No caps on general personal injury damages
- 04One of the highest-volume personal injury states
Rules at a Glance
- Statute of Limitations
- 2 years from the date of injury (changed from 4 years in 2024)
- Fault System
- Modified comparative fault (51% bar) — Florida switched from pure comparative fault to modified comparative fault in 2023. Recovery is now barred if the injured person is 51% or more at fault.
- Damage Caps
- No general cap on personal injury damages. Medical malpractice caps were struck down as unconstitutional.
- Government Notice Deadline
- Written notice within 3 years for state claims, 180 days to 4 years for local government depending on entity.
- Auto Insurance System
- No-fault — Florida is a no-fault state. PIP ($10,000) is required. To step outside no-fault and sue for pain and suffering, the injury must meet a severity threshold.
- Minimum Liability Coverage
- 10/20/10 (bodily injury liability was not previously required; now required).
- Workers' Comp Deadline
- Report within 30 days. File claim within 2 years.
Fault System in Florida
Florida switched from pure comparative fault to modified comparative fault in 2023. Recovery is now barred if the injured person is 51% or more at fault.
Auto Insurance in Florida
Florida is a no-fault state. Florida is a no-fault state. PIP ($10,000) is required. To step outside no-fault and sue for pain and suffering, the injury must meet a severity threshold.
Minimum required liability coverage: 10/20/10 (bodily injury liability was not previously required; now required)..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.