Personal Injury in Florida

Florida personal injury attorneys almost universally work on a contingency fee basis, meaning clients pay nothing upfront. The standard contingency rate in Florida is 33.33% if the case settles before filing a lawsuit, and 40% after litigation begins. Florida statute 768.0427 governs the framework for personal injury damages. The state follows a modified comparative negligence system as of 2023 (HB 837), which significantly changed the landscape — a plaintiff who is more than 50% at fault can no longer recover damages. This reform has made case evaluation more critical than ever. Florida has a two-year statute of limitations for personal injury claims, reduced from four years under the 2023 tort reform. The state's high volume of tourism, construction, and motor vehicle accidents makes it one of the most active personal injury markets in the country. Medical liens and letters of protection are commonly used to finance treatment during the case, and these amounts are deducted from the final settlement.