Car accidents and premises liability (including slip-and-falls, and other similar cases with injuries caused by an unsafe condition on the premises of an individual or entity) are of the two most common types of personal injury cases. Other types of cases that commonly arise under the personal injury umbrella in Florida are wrongful death, medical malpractice, dog bites, and nursing home negligence. How Do Florida’s NoFault Car Insurance Laws Work — and What Does PIP Coverage Actually Cover? You may have heard that Florida is a “No-Fault State”, but what does that really mean? In Florida, the No-Fault laws were enacted in relation to car accident cases to relieve some of the burden on all parties involved immediately following the accident. The idea was, in part, that they did not want people injured in a car accident to avoid seeking medical treatment for their injuries while they waited for insurance companies to make liability determinations. Instead, Florida’s NoFault laws require Florida drivers to carry at least $10,000.00 in Personal Injury Protection (PIP) coverage. This means, that regardless of who is determined to be at-fault, under the most common PIP policies, PIP will generally provide coverage of up to 80% of the medical bills submitted to them, up to the policy limits of $10,000.00, depending on the injuries and diagnoses. Under some PIP policies, the individual may also recover up to 60% of lost wages submitted to the insurance company, but it would typically all come from the same $10,000.00 PIP coverage. In order to trigger PIP coverage, it is important that the injured person is treated within 14 days of the accident. Failure to treat within the first 14 days of the accident would likely result in the insurance company denying PIP coverage. and nursing home negligence, must be filed within two years from the date of loss. Failing to file a lawsuit prior to the expiration of the statute of limitations applicable to your case will likely result in you losing the ability to recover anything in your case. How Is Personal Injury Compensation Calculated in Florida — and What Damages Can You Recover? In Florida, there are various ways a person can be compensated in a personal injury case. Common areas of recovery, both non-economic damages as well as economic damages, including but not limited to: past and future medical expenses, past and future pain and suffering, past lost wages, loss of future earning capacity, damages related to mental anguish, out-of-pocket expenses and loss of enjoyment of life. Using a non-fatal car accident for example, insurance companies evaluating the claim will take a look at liability issues, medical treatment, diagnoses, past medical expenses, lost wages, future What Is the Statute of Limitations for Personal Injury Claims in Florida After the 2023 Tort Reform Law? Prior to Florida’s New Tort Reform Law that went into effect on March 24, 2023, the statute of limitations for basic negligence cases, such as car accidents and premises liability cases (not involving death), was four years from the date of loss. That means the lawsuit must be filed within four years from the date of the accident. For car accidents and premises liability cases that occurred prior to March 24, 2023, the four-year statute of limitations still applies, however the other changes in the Tort Reform Law, other than the shortening of the statute of limitations, will affect those cases that occurred prior to March 24, 2023, but were filed after March 24, 2023. Accidents and premises liability cases, like slip-and-falls, that occurred after March 24, 2023, must be filed within two years from the date of loss under Florida’s New Tort Reform Law. Generally speaking, many of the other areas that fall under the umbrella of personal injury, like wrongful death, medical malpractice 14 LAWYER MONTHLY DECEMBER 2025
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