Florida source notes · reviewed September 24, 2026

Florida personal injury laws

Florida changed important negligence rules in 2023. The current statutory text is therefore more useful than an undated summary: § 95.11 supplies the limitations categories and § 768.81 states the comparative-fault rule and its exceptions.

General timing starting pointTwo years for an action founded on negligence

Fault-rule starting pointRecovery barred when a party is more than 50% at fault

Separate negligence from other causes of action

Florida Statutes § 95.11 currently places an action founded on negligence in a two-year category. Intentional torts, product-related injuries, medical malpractice, wrongful death, and other claims appear in separate provisions. The correct label matters before any date is calculated.

The current greater-than-50% rule

Section 768.81 says contributory fault generally reduces damages proportionately and that a party found more than 50% at fault for that party’s own harm may not recover. The statute states an exception for medical-negligence actions and contains rules about applicability and allocation.

Auto claims add a coverage layer

Florida’s Department of Financial Services explains required PIP and property-damage coverage and optional coverages. Coverage questions and tort questions are related but not interchangeable; policy terms and the no-fault statutes can affect the path of an auto-injury claim.

Primary and official sources

Read the current text

These links are part of the page, not footnote decoration. Open the source and review surrounding sections before relying on a summary.

State-law questions

Questions this summary raises

Is every Florida personal-injury action limited to two years?

No. The current statute divides claims into categories. The claim’s legal basis, accrual date, and applicable exceptions determine which provision controls.

Can someone who is exactly 50% at fault recover under § 768.81?

The current text bars a party found greater than 50% at fault. Damages can still be reduced by the assigned percentage, and exceptions or other rules may apply.

Is PIP the same as liability coverage?

No. PIP, property-damage liability, bodily-injury liability, and UM/UIM coverage serve different functions. Review the policy and current Florida guidance.

Reviewed September 24, 2026. General legal information only. The correct filing period and fault rule depend on the claim, parties, dates, facts, and current law.

Separate negligence from other causes of action

The current greater-than-50% rule

Auto claims add a coverage layer

Read the current text

Questions this summary raises

A clearer path to accurate injury-law information.