What is the statute of limitations for personal injury claims in Florida?

2 years from date of injury (was 4; reduced by HB 837). Source: Fla. Stat. § 95.11(4)(a). Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Florida?

Florida does not impose a state-specific statutory cap on the standard heads of damage in personal injury cases. Federal caps and any applicable contractual or governmental immunity limits may still apply.

Does Florida operate a no-fault auto insurance scheme?

Yes. Florida is a no-fault auto insurance jurisdiction. Florida operates a full PIP no-fault scheme. Tort recovery for non-economic damages requires meeting the serious-injury threshold under § 627.737.

How are settlements typically valued in Florida?

Practitioners and adjusters in Florida value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. The absence of state-specific caps means the band is constrained primarily by jury verdict ranges and insurance policy limits.

Should I hire a Florida attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Florida's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Florida personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · South

Personal injury in
Florida.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Florida applies modified-51 comparative fault since the HB 837 reform of 2023, which also halved the personal injury statute of limitations from four years to two.

Florida's personal injury law was substantially restructured by HB 837, signed into law in March 2023. The reform shifted Florida from pure comparative negligence to modified comparative with a 51% bar (claimants 51% or more at fault recover nothing) and halved the personal-injury statute of limitations from four years to two years for causes of action accruing on or after 24 March 2023.

Florida operates a full PIP no-fault scheme. Drivers carry mandatory $10,000 PIP coverage for medical and wage benefits regardless of fault; tort recovery for non-economic damages is available only where the claimant's injury meets the serious-injury threshold under § 627.737, significant and permanent loss of an important bodily function, permanent injury within reasonable medical probability, significant and permanent scarring or disfigurement, or death.

The Florida medical-malpractice non-economic damages cap was struck down by the Florida Supreme Court in McCall v. United States (2014) and North Broward Hospital District v. Kalitan (2017). There is no general statutory cap on non-economic damages in Florida.

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★ statute of limitations

2 years from date of injury (was 4; reduced by HB 837)

Fla. Stat. § 95.11(4)(a)

★ fault rule

Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault. Florida changed from pure comparative to modified-51 under HB 837 (2023) for cases accruing on or after 24 March 2023.

★ FL · key facts

What makes Florida different.

The handful of details that distinguish this jurisdiction from its neighbours.

Switched from pure comparative to modified-51 by HB 837 (2023)
SOL slashed from 4 to 2 years by HB 837
Full PIP no-fault, serious-injury threshold for tort recovery
No general non-economic cap (med-mal cap struck down in 2017)
Florida is the largest no-fault auto state by population

★ FL · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Florida law.

★ FL · court decisions

What Florida courts have decided.

Reported Florida decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Corzo v. Montero
Florida Third District Court of Appeal · 2025
$30,000 verdict; new trial order reversed
On a rainy day in 2015 Raul Corzo rear ended Angel Montero at a red light.
whiplash in Florida →
Back & spine
Arias v. Porter
Florida Second District Court of Appeal · 2019
Zero past noneconomic verdict reversed
Clemente Arias claimed a crash aggravated neck and back conditions permanently and that he would likely need back surgery.
back & spine in Florida →
Back & spine
Fasani v. Kowalski
Florida Third District Court of Appeal · 2010
$413,434 verdict; new trial on key damages
Kowalski was hurt in an elevator accident, and the defendants conceded liability.
back & spine in Florida →
Head & brain
Stevenson v. Israeli
Florida Third District Court of Appeal · 2025
$60,000 verdict; new trial affirmed
Sagiv Israeli and two others sued boxer Shakur Stevenson and another man for assault and battery in 2018; Israeli had a broken jaw and a head injury, and Stevenson had already paid $60,000 in medical bills.
head & brain in Florida →
Head & brain
Cantore v. West Boca Medical Center
Florida Fourth District Court of Appeal · 2015
Defense verdict affirmed
Alexis Cantore was diagnosed as a child with hydrocephalus caused by a benign tumor blocking the flow of spinal fluid around her brain.
head & brain in Florida →
Fracture
Speedway LLC v. Cevallos
Florida Fourth District Court of Appeal · 2021
Verdict for injured customer reversed
Gloria Cevallos paid inside a Speedway station and, walking back to her car, slipped in a gasoline puddle left by a car that had pulled away 111 seconds earlier.
fracture in Florida →
Fracture
Morales v. Weil
Florida Fourth District Court of Appeal · 2010
Judgment for property owners affirmed
A contractor’s crew went to the Weils’ property to tear the roof off a barn they could see was visibly damaged.
fracture in Florida →
Medical negligence
North Broward Hospital District v. Kalitan
Florida Supreme Court · 2017
$4,718,011 verdict; caps struck down
In 2007 Susan Kalitan went to a public hospital for outpatient carpal tunnel surgery under general anesthesia.
medical negligence in Florida →
Workplace
Bottling Group, LLC v. Bastien
Florida Third District Court of Appeal · 2024
Estoppel ruling affirmed
Giovanni Bastien worked at a Pepsi packaging and distribution facility in Medley and was seriously injured by a co-worker.
workplace in Florida →
Workplace
Sterling Financial & Management v. Gitenis
Florida Fourth District Court of Appeal · 2013
Verdict against property manager reversed
Mariusz Gitenis separated his employer’s two part extension ladder and used the half without traction feet to reach a roof.
workplace in Florida →

★ FL · rules that decide claims

The rules in Florida.

Statutes and rulings that come up again and again in Florida injury claims, each with its source.

Deadline to sue	Two years for “an action founded on negligence.”Fla. Stat. § 95.11(4)(a)
Fault rule since 2023	In a negligence action, “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” Medical negligence cases are excluded and keep pure comparative fault.Fla. Stat. § 768.81(6)
No fault threshold	Pain and suffering from a car crash requires significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.Fla. Stat. § 627.737(2)
Seat belt use	Can be comparative negligence, but not negligence per se and not mitigation of damages.Fla. Stat. § 316.614(10), in the MyClaimWorth seat belt chart
Zero pain awards	Where the evidence shows injury and treatment, a verdict of zero for past noneconomic damages can be inadequate as a matter of law.Arias v. Porter (Fla. 2d DCA 2019)
Claims against government	Liability is capped at $200,000 per person and $300,000 per incident; claims must be presented within 3 years.Fla. Stat. § 768.28
Improper closing argument	Comments that impugn opposing counsel can require a new trial even without an objection at the time, when they damage the fairness of the trial.Stevenson v. Israeli (Fla. 3d DCA 2025)
Constructive notice	The injured person must show the dangerous condition existed long enough that the owner should have known of it; a spill created 111 seconds earlier was not enough.Speedway v. Cevallos (Fla. 4th DCA 2021)

★ other US jurisdictions

Compare across United States.

How Florida compares with its neighbours in the South on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Florida· you are here	Modified comparative, 51% bar	2 years from date of injury (was 4; reduced by HB 837)
Alabama (AL)	Pure contributory negligence	2 years from date of injury
Arkansas (AR)	Modified comparative, 50% bar	3 years for personal injury; 2 years for medical malpractice
Georgia (GA)	Modified comparative, 50% bar	2 years from date of injury
Kentucky (KY)	Pure comparative negligence	1 year for personal injury (one of the shortest in the US)
Louisiana (LA)	Modified comparative, 51% bar	1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Mississippi (MS)	Pure comparative negligence	3 years from date of injury
North Carolina (NC)	Pure contributory negligence	3 years from date of injury
South Carolina (SC)	Modified comparative, 51% bar	3 years from date of injury
Tennessee (TN)	Modified comparative, 50% bar	1 year from date of injury, among the shortest in the US
Texas (TX)	Modified comparative, 51% bar	2 years from date of injury
Virginia (VA)	Pure contributory negligence	2 years from date of injury
West Virginia (WV)	Modified comparative, 51% bar	2 years from date of injury

Every United States jurisdiction compared

★ FL · frequently asked

Common questions.

Common questions about personal injury claims in Florida, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Florida?
2 years from date of injury (was 4; reduced by HB 837). Source: Fla. Stat. § 95.11(4)(a). Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Florida?
Modified comparative, 51% bar. Modified comparative, recovery barred at 51% claimant fault. Florida changed from pure comparative to modified-51 under HB 837 (2023) for cases accruing on or after 24 March 2023.
Are there caps on damages in Florida?
Florida does not impose a state-specific statutory cap on the standard heads of damage in personal injury cases. Federal caps and any applicable contractual or governmental immunity limits may still apply.
Does Florida operate a no-fault auto insurance scheme?
Yes. Florida is a no-fault auto insurance jurisdiction. Florida operates a full PIP no-fault scheme. Tort recovery for non-economic damages requires meeting the serious-injury threshold under § 627.737.
How are settlements typically valued in Florida?
Practitioners and adjusters in Florida value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. The absence of state-specific caps means the band is constrained primarily by jury verdict ranges and insurance policy limits.
Should I hire a Florida attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Florida's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Florida personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

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★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Florida statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Florida. See /methodology, /sources, and /disclaimer.

Personal injury inFlorida.

Personal injury in
Florida.