Florida Personal Injury Law
for Sarasota County Residents
Key Layers of Personal Injury Law
Florida State Law – The Foundation
Florida follows a no-fault system for personal injury. Under this system, insurance coverage applies first through Personal Injury Protection (PIP). PIP generally provides up to $10,000 for medical expenses and covers 60 percent of lost wages if medical treatment begins within 14 days of the incident. When injuries are severe, such as permanent impairment or death, additional compensation may be pursued from the at-fault party. This may include damages for pain and suffering.
Sarasota County – Local Roads and Courts
Sarasota County applies Florida’s personal injury laws within the Twelfth Judicial Circuit, which covers Sarasota, North Port, and nearby Bradenton. This circuit court is responsible for handling local personal injury cases. Major roads such as I-75 and US-41 are frequent sites of collisions, including car and truck accidents, many of which begin with PIP insurance claims. Local conditions, such as heavy rain or poor visibility, often influence liability, since drivers are expected to adjust to weather or road hazards. Official reports from the Sarasota County Sheriff’s Office or local police departments play an important role as evidence in these cases.
Sarasota City – Everyday Incidents
In the city of Sarasota, personal injury issues often arise in everyday settings. Examples include dog bites in public parks, slip-and-fall accidents in downtown shops, or bicycle crashes on local trails. While city laws align with Florida statutes, reports from the Sarasota Police Department and records from local businesses can serve as important evidence. If a property owner fails to address hazards such as spills, the situation may fall under negligence standards. Cases that begin within the city ultimately proceed through the Sarasota County court system.
Federal Law – The Bigger Picture
Personal injury matters are primarily governed at the state level, but federal law can influence certain cases. For example, a truck crash on I-75 involving interstate commerce may be subject to federal trucking regulations, which set safety standards that can affect liability. In some situations, federal disability laws may also impact long-term injury or recovery claims. Although these federal layers can add complexity, most personal injury cases in Sarasota County are handled under state and local law unless broader issues are involved.
10 CRUCIAL FACTS ABOUT PERSONAL INJURY LAW IN FLORIDA
Florida’s personal injury (PI) laws protect victims of negligence, accidents, or defects.
Major reforms from House Bill 837 (HB 837) in 2023 shortened deadlines, added fault bars, and cut “abuse” to lower insurance rates.
This guide breaks down 10 must-know facts with details, examples, history, and tips.
Fact #1: 2-Year Statute of Limitations (SOL) for Most Claims
Rule: File lawsuit within 2 years of injury date for negligence cases (car crashes, slips, dog bites).
Applies to incidents after March 24, 2023. Old rule: 4 years.
Why Changed: HB 837 fights “long-tail” lawsuits jacking up insurance.
Key Exceptions: Discovery (e.g., hidden cancer): From discovery date Minors: Tolled until age 18 Wrongful Death: 2 years from death Med Mal: 2 years discovery, max 4 years Government: 2 years + 3-year notice
Example: Crash Nov 1, 2023? Sue by Nov 1, 2025—or forever barred.
Tip: Document everything. Attorney files Day 1. 80% case value in first 30 days!
Fact #2: Modified Comparative Negligence (51% Bar)
Rule: >50% your fault? $0 recovery. Otherwise, damages reduced by your % fault.
Big Shift: Was “pure” (recover even 99% at fault). Now like 46 states.
How It Works: Jury allocates % (e.g., 70% them / 30% you = 70% payout).
Real Examples: Rear-end but you brake-checked: 51% you → No money Jaywalking pedestrian vs. speeding driver: 40/60 → Ped gets 60% Slip on wet floor (signed) while texting: 55% you → Barred
Tip: Never say “sorry.” Get witnesses, experts. Settle pre-suit.
Fact #3: No-Fault Auto Insurance ($10K PIP Required)
Rule: Every driver needs $10K PIP—pays your injuries first, no fault needed.
Pays For: Medical Bills: 80% Lost Wages: 60% Death Benefit: 100% (52x weekly wage)
History: Since 1972. Exhaust PIP, then sue at-fault.
Example: $15K ER? PIP covers $12K.
Tip: File claim <30 days. Verify limits post-crash.
Fact #4: 14-Day PIP Treatment Deadline—Act Fast!
Rule: No treatment in 14 days? Lose ALL PIP.
What Counts: ER, chiro, MD visit—documented as crash-related.
Why: Stops fraud.
Example: Whiplash seen Day 15? Pay $5K out-of-pocket.
Tip: ER Day 1, even if “OK.” Follow up ASAP.
Fact #5: Serious Injury Threshold for Pain & Suffering
Rule (§627.737): Auto suits for pain only if permanent injury, major function loss, death, or scarring.
Proof: Doctor affidavit + testimony.
Qualifies As: Permanent: MRI tear won’t heal Loss: Can’t lift arm 50%
Example: Sprain? No pain payout unless permanent.
Tip: Early imaging. Track long-term.
Fact #6: Contingency Fees—No Win, No Fee
Standard: 33% pre-suit / 40% post. Covers costs.
HB 837 Change: No more “one-way” fees in bad faith.
Tip: Shop lawyers—ask for sliding scales.
Fact #7: Damages Based on “Paid/Payable” Only
Rule: Jury sees actual paid amounts, not padded bills.
Impact: $50K bill → $10K paid = $10K max.
Tip: Use Letters of Protection wisely.
Fact #8: No Caps on Pain & Suffering (Most Cases)
Unlimited non-econ damages (unlike med mal’s $500K+).
Verdict Multiplier: 1.5-5x medicals.
Example: $100K bills → $500K+ possible.
Fact #9: Strict Liability—No Negligence Needed
Dog Bites (§767.04): Owner pays automatically.
Products: Defective = liable.
Tip: Photo wounds, save product.
Fact #10: Sovereign Immunity for Government
Rule: 3-year notice to sue state/city. $200K/person cap ($300K/incident). 2-year SOL.
2025 Update: Bills (HB 301, SB 1570) to raise caps failed to pass—no change yet. HB 145 just filed for 2026—watch closely!
Example: Pothole crash? Notice or lose.
Tip: Check if insured higher.
How These Laws Work Together
Splitting Blame in Florida
Florida follows a comparative negligence system. If someone is partially at fault, for example 25 percent in a Sarasota crash, they may recover only the remaining share of damages, in this case 75 percent. This rule applies across the state, from sidewalks in Sarasota to highways like I-75. Evidence such as photographs, official reports, and witness statements is key in determining fault.
Insurance and Lawsuits
Personal Injury Protection (PIP) covers initial medical costs and lost wages. If injuries exceed PIP limits or are severe, claims can be pursued against the at-fault party under Florida law. In Sarasota County, these cases go through the Twelfth Judicial Circuit, using police reports and medical records. Federal rules may apply in trucking or workplace incidents, but most cases follow the state system.
Time Limits Across Levels
Florida law generally allows TWO years to file a personal injury lawsuit in state or county court. Missing this deadline usually means the claim cannot move forward. PIP insurance requires quicker action, with medical treatment starting within 14 days to maintain coverage. Federal claims, when they apply, may follow separate timelines, but most Sarasota cases proceed under state deadlines.
Quick Facts
Florida State
No-fault, PIP up to $10,000, TWO-year limit.
Sarasota County
Twelfth Circuit, I-75 crashes, weather matters.
Sarasota City
Dog bites, falls, local police reports.
Federal Law
Trucking rules, rare but possible.
Need Help? SARASOTA LAW Can Connect You
This guide provides general information and should not be taken as legal advice. Personal injury matters can involve city, county, state, and, in some cases, federal rules. Understanding deadlines, documentation requirements, and available resources is important for protecting your rights.