If you want to take legal action to claim compensation for a personal injury, you will need to get advice from a solicitor specialising in these types of cases. This must be done as soon as possible as there are strict time limits on taking legal action.
In March 2023, Florida passed H.B. 837. Governor Ron DeSantis signed the bill into law. This new law reduced the statute of limitations from four years to two years for cases based on negligence. The law affects the filing deadline for accidents that occurred after the effective date of March 24, 2023.
Most personal injury settlements are not taxable in Florida. This applies to both state and federal taxes, as Florida doesn't have a state income tax, and federal law generally excludes these settlements from taxable income.
A claim up to $8,000 – not including costs, interest and attorneys' fees – can be filed with the Clerk's Office as a Small Claims action, ing to Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes.
Trial Rate: Approximately 3-5% of personal injury cases in Florida go to trial (Bureau of Justice Statistics, n.d.). This means that out of the 28,342 cases filed in federal courts in 2023, only 850-1,417 cases would have reached the courtroom.
After the release is signed, the defendant's insurance company initiates the payment process. Florida law does not impose a specific deadline for when the settlement check must be issued; however, most insurers aim to release funds within a reasonable period, often within four to six weeks.
While there is no fixed amount for every case, the average personal injury settlement ranges from a few thousand dollars to well over $75,000, depending on the unique details of the claim.
To make a request contact the Clerk's office by mail or in person at Miami-Dade County Courthouse or by email at cocoffrec@miamidade.
New Requirements for Florida Drivers If passed, the new PIP law Florida changes will require drivers to show proof of mandatory bodily injury coverage before they may register a motor vehicle with the State.