Marion Oaks Personal Injury Lawyer

Tort Reform (HB 837)

Fla. Stat. § 768.81

2023 reform reducing SOL from 4 to 2 years, shifting to modified comparative fault (51% bar), and changing bad faith insurance standards. Requires 60-day notice and opportunity to cure before bad faith claims. Applies to all causes of action accruing after March 24, 2023.

No-Fault / PIP Insurance

Fla. Stat. § 627.736

Florida is a no-fault state requiring $10,000 in Personal Injury Protection (PIP) coverage. PIP pays 80% of medical expenses and 60% of lost wages regardless of fault. To sue for pain and suffering, you must meet the 'serious injury' threshold — permanent injury, significant and permanent scarring, or death (Fla. Stat. § 627.737).

Mandatory Auto Insurance

Fla. Stat. § 324.022

Florida requires minimum coverage of 10/20/10 ($10,000 per person, $20,000 per accident bodily injury, $10,000 property damage) plus $10,000 PIP. These are among the lowest minimums nationally and grossly inadequate for serious injury cases. UM/UIM coverage is not required but strongly recommended.

DUI / Driving Under the Influence

Fla. Stat. § 316.193

Florida's DUI statute sets the BAC limit at .08 for adults, .02 for those under 21. Enhanced penalties apply for BAC .15+ or with a minor in the vehicle. Florida has an implied consent law (Fla. Stat. § 316.1932) — refusal to submit to breath/blood testing results in automatic 12-month license suspension (18 months for subsequent refusals). A DUI conviction creates a presumption of negligence in civil injury claims.

Wrongful Death Act

Fla. Stat. § 768.16–768.26

Florida's Wrongful Death Act allows the personal representative of the estate to bring suit on behalf of survivors. Unique to Florida: only the surviving spouse (not children over 25) can recover non-economic damages (pain and suffering) for the death of an adult. Minor children can recover for lost parental companionship. HB 837 (2023) did not change wrongful death recovery rules.

Government Tort Claims

Fla. Stat. § 768.28

Florida's sovereign immunity waiver caps government entity liability at $200,000 per claim and $300,000 per incident. Recovery above the cap requires a special claims bill passed by the Florida Legislature — a rare and difficult process. Claims against government entities require written notice before filing suit.

Dram Shop Liability (Limited)

Fla. Stat. § 768.125

Florida's dram shop liability is among the most restrictive in the nation. Alcohol vendors are generally NOT liable for injuries caused by intoxicated patrons unless they knowingly served a person habitually addicted to alcohol or a person under 21. This narrow standard makes it harder to pursue claims against bars and restaurants compared to most other states.

UM/UIM Stacking

Fla. Stat. § 627.727

Florida allows stacking of uninsured/underinsured motorist (UM/UIM) coverage across multiple vehicles on a policy, potentially multiplying available coverage. UM/UIM is not mandatory but is critical given Florida's 20.4% uninsured driver rate — the highest among large-population states. Insurers must offer UM/UIM but policyholders can reject it in writing.