Ultimate Guide To Personal Injury Law in Florida

If you get injured in Florida because of someone else’s negligence, it’s important to understand your legal rights and options. Knowing what steps to take, who to speak with, and when to take action can help you recover the compensation you may be rightfully entitled to. 

Our comprehensive personal injury guide will cover everything from understanding how to file a claim, how claims are resolved, what legal standards exist that you should be aware of, and many other critical elements. 

We will also cover some essential legal components, including:

• Understanding Florida’s no-fault auto insurance system as detailed by FS 627.736 (if your injury was the result of an auto accident, as well as how car accidents are settled).
• Modified comparative negligence if you were partially at fault for your injury.
• An overview of Florida personal injury statutes of limitations as outlined by FS 95.11.
• Types of recoverable damages, including economic vs. non-economic damages.
• What your legal options are, especially when working with an experienced personal injury attorney.

At Bernstein & Maryanoff, our Miami-based personal injury attorneys understand firsthand the complex legal standards, laws, and regulations that come into play with personal injury claims. 

Our legal team offers free case consultations so that you get the support you need, even if you’re unsure whether you have a case or not.

Chapter One: Understanding Personal Injury Law in Florida 

Personal injury claims are civil cases, not criminal cases. These types of civil cases are brought forward when someone suffers an injury because of another person or party’s negligence or intentional act.

Civil cases differ from criminal cases because they are not brought forward by prosecutors, the police, law enforcement agencies, or other law enforcement agencies. They also differ from workers’ compensation issues as well.

Personal injury claims in Florida typically require that a plaintiff must show that negligence occurred as outlined by the state’s negligence doctrine Florida Statute § 768.81.

FS 768.81 also dives into the notion of comparative negligence. This is the idea that an individual can file a personal injury claim even if they were partially responsible for their injury but no more than 50% at fault.

Wrongful Death Versus Personal Injury

Other unique Florida negligence laws include cases in which family members can file wrongful death lawsuits on behalf of their loved ones who’ve died because of their injuries. There are some differences between a wrongful death and a personal injury lawsuit. 

Differences include:

• Who can file the claim (the person injured versus the family members or the estate of the deceased individual).
• What damages are recoverable.
• The statute of limitations (personal injury lawsuits must be filed within four years according to FS 95.11(3). Wrongful death lawsuits must be filed within two years according to FS 95.11(4)(d)).

What Is Personal Injury Law in Florida? 

How does Florida define a personal injury claim? Well, most personal injury cases require that you show negligence in order to prove your case. Also, personal injury law in Florida covers a victim’s physical and sometimes psychological injuries they’ve suffered at the hands of another individual or entity’s negligence. 

Common accidents that can yield a personal injury lawsuit include:

• Car accidents 
• Dog bites
• Slip-and-fall accidents

Because these types of injuries are a civil matter (not a criminal matter) under Chapter 95 and Title XLV of Florida Statutes, victims can seek compensation in the form of monetary damages.

Florida’s Pure to Modified Comparative Negligence

In 2023, the state’s personal injury laws underwent a major shift under House Bill 837. Under the new legislation, Florida now follows a modified comparative negligence system instead of a pure comparative negligence system.

House Bill 837 caused a shift in the comparative negligence laws, allowing at-fault parties to recover compensation only if they were 50% or less at fault. If they were 51% at fault, they could recover no damages. The amount of compensation you could seek is still reduced by your percentage of fault.

Government Entities and Personal Injury Cases

It’s important to recognize that government entities are partially shielded by FS 768.28, which allows for sovereign immunity, and also requires notice within three years that you’ve been injured because of a government entity.

Elements of a Personal Injury Claim in Florida 

Florida personal injury suits typically require proving negligence. Under the negligence doctrine, the following four elements must be proved in order to have a strong case:

1. Duty of care: A defendant owes you a legal duty to your safety.
2. Breach of duty: This is when a defendant failed to meet this duty.
3. Causation: This is when the notion that a defendant’s actions directly caused your injuries.
4. Damages: You’ve suffered calculable harm because of your injuries.

Intentional acts to cause harm, such as assault and battery, are also grounds to pursue a personal injury lawsuit. Often, criminal cases may be at play as well, but those are separate cases.

Proving negligence can be difficult, but being able to show evidence, including medical records, witness testimony, reenactments, and pictures or videos of the injury, can support your claims of negligence.

These elements also apply to wrongful death claims as outlined by FS 768.21–.27. In these cases, the statute of limitations is reduced to two years, and only surviving and qualifying family members or a victim’s estate can bring forward the wrongful death claim.

Chapter Two: Key Florida Laws and Rules 

There are some key Florida laws and rules that you’ll want to understand if you’re thinking about pursuing a personal injury claim in Florida. Some common laws and rules we’ll go over in this chapter include:

• Statute of limitations (FS 95.11): This is the timeframe you have to bring forward a case. The clock starts ticking on the day you had your accident, or the day you realized you’ve suffered injuries because of your accident.
• No-fault auto and personal injury protection insurance: Because Florida follows a no-fault insurance system, drivers must turn to their insurance first to recover compensation following an accident, even if they were not at fault. However, insurance might not cover your losses fully. This is when you can pursue a personal injury claim. (FS 627.736-.7405). 
• Comparative negligence (FS 768.81): Florida recognizes that victims can recover damages so long as they are less than 50% at fault for the accident that caused their injuries.
• Damage caps (or lack thereof) and sovereign immunity: Compensatory damages are not capped, but there are instances where punitive damages can be limited. Additionally, sovereign immunity is a notion that applies to government entities, protecting them from legal action if they were the cause of an accident that caused your injuries (FS 768.28).

Florida Statute of Limitations 

The Florida statute of limitations on personal injury depends on the circumstances of the injury. Generally, however, victims have a window of time, in which they can bring forward a personal injury lawsuit.

Normally, under FS 95.11(3)(a), you must file a personal injury lawsuit within four years of your injury date or the date that you discover your injury. Despite the statute of limitations, you should pursue a claim as quickly as you can to preserve pertinent evidence that will strengthen your case.

There are some exceptions to the statute of limitations that you should be aware of. For example, if you’re pursuing a wrongful death lawsuit, the statute of limitations shrinks to two years as outlined by FS 95.11(4)(d).

Personal injury cases involving medical malpractice also have their own rules. You can learn more about those stipulations under FS 95.11(4)(b).

Additionally, statute of limitations regarding government entities requires that a written notice be provided within three years of your personal injury, according to FS 768.28.

Florida No-Fault (PIP) Insurance 

Florida is a no-fault auto state. This means that in the event of an auto accident, it does not matter who is at fault because all drivers are required to carry their own personal injury protection (PIP) insurance at a minimum of $10,000. You must turn to your PIP insurance first to cover medical expenses and other damages.

As outlined by FS 627.736, insurers must pay 80% of covered medical expenses within 30 days of notice. If your expenses after a car accident exceed what is covered by your PIP coverage, you can pursue a claim against the other driver.

If you’re pursuing damages from the other driver, you can seek non-economic damages, like pain and suffering, in addition to medical expenses or property damage you’ve suffered.

It’s important to recognize, however, that FS 627.736 requires that a claim be made to your PIP insurer within 14 days as outlined by the Florida 14-day rule. Not filing a claim within this timeframe could bar you from seeking compensation from your insurance provider.

Download our personal injury claim checklist (PDF). (link to PDF).

Comparative Negligence Rule

The comparative negligence rule applies when you are partially at fault for the accident. Since March 2023, Florida has seen a shift in its modified comparative negligence laws. Previously, individuals were able to file a legal claim even if they were 99% at fault. This was known as pure comparative fault.

Today, however, you can only file a claim if you are 50% or less at fault. The damages you are awarded are reduced by your percentage of fault as well. 

You can learn more about the comparative negligence rule change in FS 768.81.

Comparative Negligence in Medical Malpractice or Wrongful Death Claims

It’s important to recognize that Florida comparative fault law, as of 2025, still recognizes the pure comparative fault standard in medical malpractice wrongful-death claims.

Damage Caps and Limits 

Florida compensatory damages in most personal injury cases are not capped. This includes both economic and non-economic damages.

Following recent legislation, however, medical malpractice lawsuits do have a cap on non-economic damages.

If your case involves a defendant who acted willfully or with gross negligence in causing your injuries, you may also be able to recover punitive damages. Unlike compensatory damages, which are designed to compensate you for calculable and incalculable losses you’ve endured, punitive damages are intended to punish a defendant and set a precedent for their actions.

Florida limits punitive damages, however, to three times the amount of compensatory damages available or $500,000.

Sovereign and Government Immunity

FS 768.28 outlines Florida’s waiver of sovereign immunity, detailing that government entities can be sued for negligence up to certain limits. Additionally, a written notice of the claim must be filed within three years of the incident. This window shrinks down to two years in cases involving wrongful death.

If a written notice is not provided, then a lawsuit cannot proceed. You can learn more about the special rules that apply here: FS 768.28.

Chapter Three: Common Types of Personal Injury Cases 

The different types of personal injury claims are important to distinguish because there are different laws and regulations that will be in play with each claim. 

Some of the more common personal injury cases in Florida include the following:

• Car accidents
• Pedestrian accidents
• Slip-and-fall accidents
• Premises liability accidents
• Product liability claims

Let’s dive deeper into some of the most common personal injury claims in Florida.

Automobile Accidents 

Because Florida is a no-fault auto insurance state, most minor accidents will move through PIP first. However, in instances where more severe accidents result in costly medical expenses and property damage, you have the right to pursue a lawsuit against the at-fault driver. For this to happen, however, your injury must meet Florida’s serious injury threshold. The state’s bodily injury threshold is outlined in 627.737 and includes:

• Permanent injury resulting from spinal cord or traumatic brain injury.
• Significant and permanent scarring or disfigurement.
• Permanent loss of an important bodily function. Examples include paralysis or blindness.
• Death.

There are some exceptions where you can pursue a claim, including accidents where the at-fault driver was driving under the influence, and instances where your accident involved a commercial vehicle.

After an auto accident claim, it’s important that you contact the police to have a police report drawn up. Afterward, you should contact your insurance to start the claims process.

Slip and Fall/Premises Liability 

Florida slip-and-fall cases and premises liability cases are closely intertwined because slip-and-fall accidents generally involve the negligence of a property owner.

Under Florida premises liability, people who are injured because of a slip-and-fall accident that resulted from a property owner’s negligence in the upkeep of the location where the slip and fall happened can sue for negligence.

This doesn’t mean that just because you slipped and fell and injured yourself on someone’s property that automatically liability is at play. Instead, however, the premises liability doctrine details that owners of a property must warn and/or fix or close off dangerous spaces that could cause a slip-and-fall injury, and failing to do so can prompt liability. 

In order to be successful in a Florida slip-and-fall claim, you must show that a property owner failed to provide a safe premises, and that the owner knew or should have known that there was a dangerous condition that they failed to fix or warn others about.

Some common examples of dangerous conditions can be: 

• Slippery floors
• Uneven or poorly installed flooring that creates a walking hazard
• Poor lighting
• Obstruction of walkways
• Unguarded stairs

Florida law also recognizes that there’s a difference between invitees and residential slip-and-fall claims. Residential slip-and-fall cases typically involve injuries that happen at private homes, apartments, or non-commercial properties. 

In these cases, liability exists if the injured person was invited but not if they were trespassing during the time of their injury.

FS 768.0755 outlines liability regarding business entities. Generally, invitees can pursue a claim if they were injured while being allowed on the property, and not typically if they’re on property outside of operating hours, or if they were trespassing.

Medical Malpractice

Florida medical malpractice personal injury claims are unique because there are specific statutes under Chapter 766. There are specific Florida medical malpractice requirements to pursue this type of claim.

First, you must include an expert affidavit as outlined by (FS 766.102). This affidavit should include claims from a medical professional who is providing a sworn statement.

There are also certain time limits to filing a medical malpractice claim. Filing deadlines include
four years from the incident or two years from discovery (whichever first).

There are also caps on non-economic damages, such as pain and suffering, as outlined by recent legislation detailed in FS 766.209.

Medical malpractice claims can be complex. Because of this, it’s important to consult with an experienced personal injury attorney who specializes in medical malpractice lawsuits.

Dog Bites and Animal Attacks

Dog bites also fall under personal injury lawsuits. Under Florida dog bite law, FS 767.04, a dog owner is strictly liable if the dog bites someone if they are in a public place or lawfully in a private place. 

With dog bite cases, you do not need to prove negligence, and there is no first bite rule. However, a victim must not have provoked the dog for the bite to happen.

Some of the most common defenses made in dog bite cases include:

• That a victim was provoking, teasing, or taunting a dog.
• A victim was unlawfully on property.
• There were warning signs that there is a “bad dog” on the property (while putting up signs can reduce liability, it does not fully eliminate it).

As with most personal injury cases, there is no cap on damages, and injured individuals can recover the full cost of their medical expenses as well as any pain and suffering they’ve endured.

It’s important to recognize that there are other rules in place regarding bites from horses and other animals or pets.

Product Liability 

Florida product liability laws are in place to protect individuals from defective products in Florida. Florida imposes strict liability on manufacturers for defectively designed or manufactured products that can cause harm under FS 768.125.

Some common examples of defective products might include:

• Defective car parts that result in a car accident.
• Defective baby products that result in injury.
• Toys that cause injury or harm and have adequate warning labels.

There is a wider net that can be cast against defendants in product liability cases. For example, a claim can be made against manufacturers, distributors, and others involved in the supply chain.

In the event of a product liability case, it’s important to preserve the product as evidence if it’s still available. Any other documentation, like medical reports and witness testimony, can also be helpful in proving your case.

Wrongful Death

If a personal injury results in the wrongful death of someone, the family or the estate of the deceased individual can pursue a wrongful death lawsuit. Florida Statute 95.11(4)(d) gives a two-year deadline for a wrongful death claim to be brought forward.

As with a personal injury lawsuit, a plaintiff can seek compensatory and non-compensatory damages. Often, damages are more extensive in a wrongful death lawsuit because they include damages, such as:

• Medical expenses
• Funeral and burial costs
• Lost earnings
• Pain and suffering both the decedent and survivors
• Loss of consortium

The estate of the decedent can bring forward a claim at any time during the two-year window. Only qualifying survivors of the loved one could bring forward a claim, however. This typically includes the spouse, children, and parents in that order as outlined by FS 768.21.

Wrongful Death vs. Survival Action

In a wrongful death, statutorily defined survivors, including the spouse, children, parents, and other dependent blood relatives, can file a claim. The wrongful death claim will compensate the surviving family members for their own losses caused by the death.

A survival action helps preserve the decedent’s own legal claims that existed at the time of their death. With survival actions, a claim can be filed through the decedent’s estate through a personal representative.

Chapter Four: What To Do After an Accident in Florida

It’s important to know what to do after an accident in Florida. Regardless of the type of accident that took place, knowing how to proceed, and which actions to take can make a significant impact on the outcome of your case.

Let’s take a closer look at what to do after an accident, who to turn to, how to proceed with receiving the care you need, and when it’s time to seek out the support of a legal representative.

Ensure Safety and Seek Medical Treatment 

After an accident, whether it be an auto accident, or a slip and fall, the first thing you need to do is check if you suffered injuries. If your injuries are serious, call 911 immediately. In some cases, a report is required to be filed if damages are greater than $500, or if you have injuries.

When police arrive at the scene, emergency medical services will also typically arrive on scene. They can assess you to determine if you have any serious injuries or require continuing medical care.

Medical care after an accident is important because it starts the injury documentation process. Injury documentation in Florida is critical because it helps to set a paper trail of your injuries, and can link your injuries directly to the accident that just happened. Collecting this evidence makes it difficult for a defendant to push back against your claims.

Contact Law Enforcement 

Under Florida law, it’s required that you report a severe injury, death, or major property damage that’s resulted from a personal injury accident. When the police arrive on scene, it’s important that you take down the crash report number. This helps you begin establishing your paper trail, and allows you to connect insurance providers with other parties at play.

If you’ve been involved in an auto accident and the at-fault driver has left the scene, call 911 to report the incident. Drivers are protected under state statute FS 316.066, and Florida’s hit-and-run statute, FS 316.061.

Often, many drivers wonder, do I have to call the police after a Florida accident? Notifying the police allows you to have a Florida police report about the accident on file, and will start the process to begin insurance and proceed with other legal claims.

Gather Evidence at the Scene

After the police arrive, you’ll want to begin gathering evidence on the scene if you’re able. If you’re unsure what kinds of evidence should be collected, consider doing the following:

• Take clear photos and videos of all vehicles, skid marks, traffic signals, road conditions, injuries, and license plates.
• If possible, get contact info from eyewitnesses.
• Note details, like time, location, and weather.

Exchange Information With Other Parties 

Even though drivers turn to their own personal injury protection after a car accident, it’s still important that you exchange contact information with the other driver. Contact information to exchange includes:

• Contact information
• License plate numbers
• Insurance companies and policy numbers
• Driver’s license numbers 
• The vehicle identification number of the other driver

If there are witnesses who have given a statement or watched the accident happen, noting their contact information can be helpful, too.

At any point during or after your accident, never admit fault or discuss blame, even if you were partially at fault, because this could be used against you down the line. You can learn more about what to do with our car accident FAQs. 

Notify Your Insurance Company

Once everything is settled, it’s important that you notify your own insurance provider of the accident. Under state law, you have 14 days to alert your PIP provider. Failing to do so could keep you from pursuing a claim and recovering compensation. Also, most insurance policies require immediate notice as well.

Once you start a PIP claim, your insurance provider will begin the process to help cover the cost of medical bills you’re likely racking up after the accident. PIP insurance providers are required to pay 80% of your medical bills, and 60% of lost wages, up to a total of $10,000 if that’s your minimal coverage.

If your insurer delays in sending you the appropriate forms, follow up with your insurance provider so that you don’t miss out on other deadlines.

Download our personal injury claim checklist (PDF). (link to PDF).

Consult a Personal Injury Attorney 

If your injuries are severe, you’re running into issues working with your insurance provider, or have a generally complex case, consulting with a legal attorney can help you navigate the process.

So, what can an attorney help with? Some of the benefits of working with an experienced personal injury attorney include:

• Ensuring deadlines are met, including deadlines regarding statutes of limitations and other notices.
• Support working through PIP claims.
• Calculating damages, including future costs that will arise because of the accident.
• Most importantly, an experienced personal injury attorney will negotiate with insurance so that you get the full compensation you deserve.

Bernstein & Maryanoff offers free case consultations so that you can speak with an experienced attorney with no strings attached. Our law firm operates on a contingency basis, meaning you don’t pay a fee until you win your case.

Chapter Five: Damages and Compensation in Florida

With Florida personal injury claims, you’ll be able to recover compensatory, and in some cases, punitive damages to help you recover a semblance of justice in your case.

Florida personal injury damages that are classified as compensatory include economic and non-economic damages. Economic damages are designed to compensate you for the calculable losses you’ve been enduring. Meanwhile, non-economic damages refer to often incalculable losses, like pain and suffering.

Most cases will settle outside of court, but if your injuries are severe, your case is complicated, or you have significant injuries that have resulted in higher damages, your case may go to trial to be heard by a judge or jury. 

In both outcomes, having an experienced personal injury attorney on your side can help you recover the compensation you’re entitled to.

You can get a sense of what Florida personal injury damages you may be entitled to by using our personal injury settlement calculator. [Link to Calc.]

In the meantime, read on to learn more about damages and compensation in Florida.

Types of Damages 

When filing a personal injury lawsuit in Florida, there are three types of damages and compensation you can recover. 

Florida economic damages refer to the calculable and tangible losses that have resulted from your accident. 

They include but are not limited to:

• Property damage
• Medical expenses
• Lost wages and lost time
• Ongoing medical costs

Florida non-economic damages relate to the difficult to calculate losses and typically include:

• Pain and suffering
• Disfigurement
• Loss of enjoyment of life

Florida punitive damages are a unique class of damages because they are not designed to compensate you for your financial losses, but are instead designed to punish a defendant for their actions. Punitive damages can be levied in instances of gross negligence.

Calculating Pain and Suffering 

Calculating pain and suffering can be complex because there is no set formula in Florida. However, when calculating pain and suffering, certain elements will be considered by insurance companies. 

These elements include:

• The severity of the injury.
• The type of treatment that was required after the injury.
• The impact on your life.

There are some common methods that are used to help calculate pain and suffering. Some of these methods include:

• The multiplier of economic damages: This method assigns a value ranging from 1.5 to 5 to your case. This value is dependent on the severity of your injury. When that value is decided, that number will be multiplied by your total economic damages.
• Per diem: This approach assigns a monetary amount ranging anywhere from $100 to $500 or more per day. That daily monetary value is applied every day from the date of your injury all the way through your maximum medical improvement date. With this approach, the severity of your injury will also determine the per diem amount and time.

Punitive Damages 

Punitive damages in Florida are rare but are levied when there are particularly egregious acts that result in injury. Unlike compensatory damages, punitive damages are designed to punish a defendant for their actions.

Some instances where punitive damages might be applied include:

• Injuries caused by drunk driving
• Intentional assaults
• Gross negligence

Florida caps punitive damages at three times the amount of compensatory damages or at $500,000.

Because punitive damages in Florida are rare, you’ll need to provide clear and convincing evidence to show they are appropriate.

Insurance Benefits and Recovery 

When seeking damages, you’ll first turn to your personal injury protection provider. Your PIP insurance will cover 80% of your medical bills, and 60% of lost wages up to $10,000 or your available coverage.

After you’ve exhausted your PIP insurance benefits, you can then turn to any additional auto liability insurance that you might have. This typically includes bodily injury coverage.

After exhausting that coverage, you’ll turn to any umbrella policies or health insurance policies that you might have.

In some cases, other insurance policies might kick in depending on the way the personal injury accident happened. For example, if a drunk driver on the job strikes a pedestrian, or if a tenant is injured while in the residence, employer or homeowner insurance might kick in.

Even if you exhaust these insurance coverages, you’ll still be able to take legal action against a person or business entity that was responsible for your injuries.

Settlements vs. Trial

Often, a question that victims like you might ask is: Should I settle or go to trial in Florida? An overwhelming majority of personal injury cases settle outside of court because defendants typically want to avoid the costly legal fees that occur when a case goes to trial. 

In some cases, settlement negotiations fall through, but a settlement is eventually reached during mediation.

In cases where negotiation and mediation don’t work out, a case will go to trial, where it will be heard before a judge or a jury. When a case goes to trial, the jury will decide compensatory damages, depending on the evidence that’s laid out in court.

Cases might go to trial for a variety of reasons, but it’s often because a defendant offers a lowball compensation package to settle the case.

Whether your case ends in settlement or goes to trial, having an experienced attorney to defend you is one of the most effective ways to ensure you get the maximum compensation you deserve. 

Whether it’s negotiating with the insurance companies and other parties, or defending you in court, an attorney can provide the legal guidance and expertise that can have a significant impact on your case.

Chapter Six: Hiring an Attorney and the Lawsuit Process 

Hiring an attorney to represent you during a personal injury lawsuit can make a significant impact on the outcome of your experience. However, it’s important to recognize that hiring the right attorney is just as important. 

In this section, we’ll cover what it means to hire the right attorney, what the different cost breakdowns look like, and what you should look for in a legal team that will represent you through your personal injury case.

Why You Should Hire an Attorney 

There are a number of advantages to hiring an attorney to represent you through your personal injury lawsuit. 

Among these advantages are:

• Expert legal guidance, including intimate knowledge of Florida’s personal injury laws and standards.
• You can recover maximum compensation with a legal team that understands how to navigate Florida’s personal injury laws.
• Our legal team will handle all the paperwork, manage deadlines, and keep your case moving.
• You’ll have expert negotiators on your side to fight for the compensation you deserve.
• If your case goes to trial, our law firm has experience with the local court system and insurance companies to represent you fully.

Florida legal representation in a personal injury case can make a significant impact on the outcome of your complaint. Even if you’re unsure whether you have a case, at Bernstein & Maryanoff, our attorneys are here to help you understand your options. Please schedule a free case evaluation.

Choosing the Right Personal Injury Lawyer 

So, what qualities should you look for, and what questions should you ask when choosing the right personal injury attorney? For starters, you’ll want to look for a personal injury lawyer who has a proven track record of settlements and verdicts. You can learn more about an attorney’s track record through client testimonials, online reviews, and speaking with their previous clients about similar cases. You can also check their expertise and credentials through certifications, like the Florida Bar Board.

At Bernstein & Maryanoff, you can look forward to working with a law firm that has the best paralegals, investigators, and support staff. Additionally, our board certified attorneys have decades of experience covering a variety of personal injury cases.

Attorney Fees and Costs

Attorney fees and costs can feel overwhelming to understand, but having a sense of costs can help you make a better decision about which attorney to work with. Typically, attorneys work on a contingency fee with a payment recovery percentage of about 33%. If the case is lost, a client typically owes nothing. 

There are caps on attorney fees depending on the case. For example, there is a 25% state law limit for medical malpractice cases as detailed in FS 766.106.

Along with attorney fees, there are also court costs that might exist as well. These costs might include:

• Filing fees
• Expert depositions
• Medical record fees

Attorneys will typically pay these court fees but will be reimbursed once the case is settled.

At Bernstein & Maryanoff, our attorneys emphasize transparency, and we encourage discussing all fees with our clients upfront. In addition to our free case evaluations, we do not take a fee until we win your case.

Florida Personal Injury Lawsuit Process 

So, what are the stages of a personal injury lawsuit in Florida, and how long can it take? 

Well, to start, your attorney will file your civil litigation in Florida in the appropriate Florida court. Your complaint will detail your injuries, the defendant’s negligence, and the damages you are seeking. The defendant typically has 20 days to respond to your complaint.

Your case will then move into the discovery phase, which can take anywhere from six to 12 months. During discovery, both sides will exchange evidence with each other through depositions, document requests, and other means.

FS 44.102 requires that cases move into court-ordered mediation in order to attempt a settlement. This is where most cases will be resolved.

If your case is not resolved, it will move forward to trial. Cases that go to trial take longer to resolve, and litigation can last anywhere from one to three years after filing.

Conclusion 

Knowing how to navigate a personal injury lawsuit is essential, and seeking out the support of an experienced personal injury attorney can make all the difference. From giving you the confidence to face defendants, to negotiating aggressively on your behalf, to fighting for the compensation and justice you deserve, the right attorney can help you close the chapter on your personal injury so that you can focus on healing. 

Now you have a better understanding of the importance of: 

• Seeking timely legal help.
• The importance of documentation.
• Working with a qualified attorney.

When you’re ready to take the next step, contact Bernstein & Maryanoff to schedule your free case evaluation.