Florida Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

The statute of limitations is tolled during minority. The clock starts when the child turns 18, but the total tolling extension cannot exceed 7 years from the date of injury.

Wrongful death actions must be filed within 2 years of the date of death. There is no statute of limitations if the death resulted from murder or manslaughter.

Claims against a government entity require written notice to the appropriate agency and the Department of Financial Services within 3 years. Liability is capped at $200,000 per claim and $300,000 per incident.

Florida does not impose a statutory cap on compensatory damages in general personal injury cases.

Punitive damages are generally capped at the greater of 3 times compensatory damages or $500,000. If motivated by unreasonable financial gain, the cap increases to 4 times compensatory or $2 million. No cap applies for intentional harm. Requires clear and convincing evidence.

Filing fee for civil actions in Florida circuit court. Fees vary slightly by county and number of defendants.

Cases are generally filed where the defendant resides, where the cause of action accrued, or where the property in litigation is located.

Florida uses several liability proportional to fault. A defendant is jointly and severally liable only if found more than 50% at fault. Otherwise, each defendant pays only their proportional share.

The personal representative files the wrongful death action on behalf of survivors. Recoverable damages include lost support, lost companionship (for minor children), and mental pain and suffering (for parents of a deceased minor).

Florida generally does not hold bars or restaurants liable for injuries caused by intoxicated patrons. Liability exists only when alcohol is willfully served to a minor under 21 or to a person habitually addicted to alcohol.

Dog owners are strictly liable for bite injuries regardless of the dog's prior behavior or the owner's knowledge of viciousness. The victim's comparative negligence reduces the owner's liability proportionally.