Florida Personal Injury FAQ

You have two years from the date of the injury to file a personal injury lawsuit in Florida under Fla. Stat. § 95.11(4)(a), as amended by HB 837 in March 2023. Causes of action accruing on or after March 24, 2023 fall under the new two-year deadline — anything older may still qualify for the prior four-year window. Missing this deadline almost always ends the right to recover. Speak with a lawyer quickly to protect your claim.

Your case value depends on medical bills, lost income, future care, pain and suffering, and the strength of the liability evidence. There is no universal formula — a soft-tissue claim with $5,000 in bills looks nothing like a herniated disc with surgery and lost wages. Florida's modified comparative negligence rule under Fla. Stat. § 768.81 also matters: if you are over 50% at fault, you recover nothing.

Most Florida personal injury claims settle without trial, but filing suit is sometimes the only way to move an insurance carrier. We prepare every file as if it will be tried — that posture is what produces serious offers. If a fair settlement does not arrive, we file. Eric Mausner's prior trial work as a Miami-Dade prosecutor is part of why insurers take MG seriously.

You should not give a recorded statement to the at-fault driver's insurance company before speaking with a lawyer. Adjusters are trained to ask questions that lock you into early answers — answers your medical workup may not yet support. Your own carrier may be entitled to a statement under your policy, and even there, the timing and scope matter. Call us first.

You pay no attorney's fee unless we recover compensation for you, and the fee comes out of the settlement or verdict — not your pocket up front. This contingency arrangement is how almost every Florida personal injury case is handled. Costs (records, experts, filing fees) are typically advanced by the firm and reimbursed from the recovery. We walk every client through the fee agreement before signing.

Fault in Florida is decided under modified comparative negligence — Fla. Stat. § 768.81 — and a claimant whose share of fault exceeds 50% recovers nothing. Below 51%, your recovery is reduced by your percentage of fault. Medical malpractice cases are exempt from the 51% bar and still use pure comparative negligence. Liability evidence comes from crash reports, scene photos, witness statements, surveillance video and expert reconstruction.

You can still recover compensation in Florida if you are 50% or less at fault, with your award reduced by your share of fault. A driver who is 30% responsible for a crash recovers 70% of damages. Cross 50%, and Florida's HB 837 amendments to Fla. Stat. § 768.81 cut off recovery entirely (med-mal excepted). Comparative-fault arguments are one of the first things insurers raise — we push back early.

Get medical care first — your health and your claim both depend on it. Florida's PIP statute, Fla. Stat. § 627.736, requires initial treatment within 14 days of a motor vehicle crash to access PIP benefits, and gaps in treatment are weaponized by adjusters in every claim type. You can call MG from the urgent care or the ER. We coordinate around your treatment, not the other way around.

The most common Florida personal injury cases are auto crashes, slip and falls, negligent security, boating and cruise injuries, dog bites, and wrongful death. South Florida adds high-volume rideshare claims, vacation-rental injuries and tourist-related premises cases. MG handles all of these — our areas of focus span motor vehicle, premises, maritime, sexual assault civil claims, and wrongful death. Eric Mausner has tried cases across most of these categories.

Civil personal injury claims are public court filings, but they do not create a criminal record and they do not appear on background checks the way a conviction would. Settlements may be confidential when the parties agree. Insurance claims sit in industry databases (ISO/CLUE) that future carriers can access, which can affect rates. We advise clients on confidentiality terms before signing any release.

You have two years from the crash date to file a Florida car accident lawsuit under Fla. Stat. § 95.11(4)(a) for any cause of action accruing on or after March 24, 2023. Older crashes may fall under the prior four-year SOL — the date of the wreck controls. PIP medical benefits have their own 14-day initial-treatment rule under Fla. Stat. § 627.736. Two clocks, both unforgiving.

Florida is currently a no-fault state — drivers turn first to their own Personal Injury Protection (PIP) coverage under Fla. Stat. § 627.736 regardless of who caused the crash. PIP pays 80% of reasonable medical bills and 60% of lost wages up to a $10,000 limit. **Note for client legal review:** Florida is scheduled to transition away from no-fault to a tort-based system effective July 1, 2026 — confirm current legislative status before this page goes live.

Florida currently requires $10,000 in PIP coverage and $10,000 in Property Damage Liability (PDL) under Fla. Stat. §§ 627.736 and 324.022. Bodily Injury Liability (BIL) is not required for standard four-wheel registration as of this writing — a coverage gap that leaves many crash victims under-protected. The pending July 2026 transition would change this. Always verify current minimums at flhsmv.gov.

Yes — call 911 after any Florida crash involving injury, death, or apparent property damage requiring a tow. A law-enforcement crash report locks down the scene facts that insurers later contest. If officers do not investigate, the driver must self-report to the DHSMV within 10 days under Fla. Stat. § 316.066, on a form that is statutorily privileged and cannot be used as evidence at trial.

You can step outside PIP and sue the at-fault driver for pain and suffering only if you meet Florida's tort threshold under Fla. Stat. § 627.737(2). The threshold requires a permanent injury within a reasonable degree of medical probability, significant and permanent loss of an important bodily function, significant scarring or disfigurement, or death. Most serious crashes meet it — a doctor's permanency rating is essential.

Uninsured/Underinsured Motorist (UM/UIM) coverage pays for your injuries when the at-fault driver has no insurance or not enough — and given Florida does not require BIL, that gap is enormous. Insurers must offer UM equal to your BIL limits under Fla. Stat. § 627.727 and you can only reject it in writing. We strongly encourage clients to keep UM. It is the single best private safeguard against a Florida road crash.

Hiring MG to handle a Florida car accident claim costs nothing up front — we work on contingency, so the fee comes out of the recovery only if we win. Costs (medical records, accident reconstruction, depositions, filing fees) are typically advanced by the firm and reimbursed from the settlement. The fee structure is governed by The Florida Bar's contingency rules and is fully disclosed in writing before you sign.

Call 911, get medical attention, photograph everything, exchange insurance and driver information, and avoid statements about fault. Look for witnesses and write down their contact info before they leave the scene. Do not move vehicles unless they block traffic or pose a hazard. Florida crashes on I-95, the Florida Turnpike, MacArthur Causeway and US-1 frequently involve multiple carriers — early documentation is what separates clean liability from a fight.

You must seek initial medical treatment within 14 days of the crash to access Florida PIP benefits under Fla. Stat. § 627.736. Miss the 14-day window and PIP is gone — period. Initial treatment must come from an MD, DO, dentist, ARNP, PA, EMS provider or chiropractor. Follow-up care from physical therapists and others is reimbursable only if the 14-day initial visit happened on time.

You can recover under your own UM/UIM coverage under Fla. Stat. § 627.727, and your PIP still pays the first $10,000 of medical bills. Florida's lack of mandatory BIL means uninsured at-fault drivers are common — this is the exact scenario UM is built for. A handful of carriers (State Farm, GEICO, Progressive, Allstate, Citizens) write most Florida UM policies. We open every file by pulling the full coverage page.

Failure to wear a seatbelt can reduce your Florida recovery under comparative negligence — Fla. Stat. § 768.81 — but it does not eliminate the claim. Defense attorneys raise the seatbelt defense to argue your injuries would have been less severe with one. The reduction depends on expert biomechanical testimony tying specific injuries to the absent belt. Many cases see no meaningful reduction at all.

Texting while driving is a primary offense in Florida under Fla. Stat. § 316.305, and proof of texting at impact is powerful liability evidence. We subpoena cell records, request the at-fault driver's phone forensics in litigation, and pair that with crash reconstruction. Texting drivers also expose themselves to punitive damages claims when the conduct is grossly negligent. Preserve the police report — it often notes phone-in-hand observations.

Yes — Florida recognizes diminished value claims when a repaired vehicle is worth less post-crash than it was before. The diminished value claim runs against the at-fault driver's PDL carrier (or your own collision coverage with subrogation). You typically need a recent appraisal showing market value before and after repair. The claim sits separate from your bodily injury case and has its own four-year SOL.

Call 911, get treatment, screenshot your trip details in the Uber or Lyft app, and report the incident through the app's safety section. Trip records vanish or get harder to access over time — the app screenshot is your proof you were a passenger. Florida rideshare crashes on the MacArthur Causeway, in Brickell, around MIA and across South Beach are an MG focus area.

Coverage depends on the driver's app status at the moment of the crash. Uber and Lyft each carry $1 million in third-party liability when a driver is en route to a passenger or carrying one, lower limits when the app is on but no trip is accepted, and the driver's personal auto when the app is off. Determining app status is one of the first investigative steps in a rideshare case.

You can sue Uber or Lyft when their commercial coverage applies, but the companies aggressively assert their drivers are independent contractors to limit vicarious liability. The path forward in most cases is a claim against the $1 million Uber/Lyft third-party policy, the driver, and any other at-fault party. Forced arbitration clauses in passenger terms can apply — we evaluate enforceability at intake.

Speeding, distraction or app-based negligence by an Uber or Lyft driver is the same negligence claim as any other Florida driver — only the insurance layer is different. We pull telematics from the Uber/Lyft app, the driver's phone records, and any dashcam footage to show conduct at impact. Distracted driving on a rideshare app is increasingly common and well documented in deposition testimony.

Your own auto PIP coverage typically follows you as a passenger in a Florida Uber or Lyft, paying first under Fla. Stat. § 627.736. If you do not own a vehicle, PIP from a resident relative's policy may apply, and Uber/Lyft's contingent coverage can fill the gap. The coverage hierarchy matters — get a lawyer before the carriers start finger-pointing.

You have two years from the crash to file a Florida rideshare lawsuit under Fla. Stat. § 95.11(4)(a) for any cause of action accruing on or after March 24, 2023. Uber's and Lyft's terms of service may impose shorter notice and arbitration deadlines that act as practical SOLs. Read the platform terms carefully — or have us read them for you.

Florida truck accident claims involve federal law — the Federal Motor Carrier Safety Regulations at 49 CFR Parts 350–399 — on top of state negligence rules, with much higher coverage limits and multiple potentially liable parties. The trucking company, driver, broker, shipper and maintenance vendor can all share fault. Evidence (ELD logs, dashcam, post-crash drug testing) disappears fast — we send a spoliation letter within hours of a serious truck wreck.

Liability in a Florida commercial truck crash typically runs to the driver, the motor carrier under respondeat superior, and sometimes to brokers, shippers or maintenance contractors. Federal Motor Carrier Safety Administration regulations impose duties on the carrier for hiring, training, supervision, hours of service and equipment. We trace each duty to the party who breached it — that is how recovery exceeds a single $1 million policy.

An hours-of-service violation occurs when a commercial driver exceeds federal driving and on-duty limits — 11 hours driving, 14-hour on-duty window after 10 consecutive off, and 60/70 hours over 7/8 days under FMCSR Part 395. ELD data shows the violations directly. Fatigue-driven crashes from HOS violations are some of the strongest negligence-per-se truck cases we see in Florida.

Federal law requires interstate motor carriers hauling general freight to carry at least $750,000 in liability, with $1 million standard for most fleets and $5 million for hazardous materials carriers under 49 CFR § 387.9. Florida intrastate carriers have separate state minimums. The real coverage on a serious crash often includes layered umbrella policies that we identify during discovery.

The most valuable Florida truck accident evidence is the electronic logging device (ELD) data, dashcam footage, post-crash drug and alcohol test results, the driver qualification file, and the carrier's maintenance records. Federal regulations require carriers to preserve much of this — but only for set retention periods. A spoliation letter within days of the crash is non-negotiable.

You can often sue the trucking company even when the driver is labeled an independent contractor — federal regulations and Florida case law impose non-delegable duties on the carrier whose authority placed the truck on the road. The "independent contractor" label is rarely a defense in commercial trucking. We also pursue the broker and shipper when their conduct contributed to an unsafe trip.

Florida riders age 21 and older may operate without a helmet if they carry at least $10,000 in medical insurance benefits for motorcycle-crash injuries under Fla. Stat. § 316.211. Riders under 21 must wear a helmet regardless. Standard auto PIP does not automatically satisfy the $10,000 medical-coverage requirement — confirm separate motorcycle medical coverage with your carrier.

Not wearing a helmet is legal in Florida for qualifying riders 21 and older, but the defense will still argue your head and neck injuries were worsened by the absence of one. Comparative negligence under Fla. Stat. § 768.81 can reduce recovery on injuries causally tied to no helmet. Skull, cervical and TBI claims face the steepest reductions; lower-body injuries are largely unaffected.

PIP does not extend to motorcycle riders in Florida — Fla. Stat. § 627.736 excludes motorcycles. Your medical bills are covered by your health insurance, separate motorcycle medical-payments coverage, or a recovery from the at-fault driver. UM/UIM under Fla. Stat. § 627.727 carries even more weight for riders. Confirm your full coverage stack with your carrier before riding.

"I did not see the motorcycle" is the most common defense in Florida motorcycle crashes — and it is rarely a defense at all. Florida traffic law gives motorcycles full lane rights and equal protection. Inattentive drivers turning left across an oncoming bike, merging without checking blind spots or following too close are the cases we see most often. Eyewitness testimony and dashcam evidence reliably defeat the "I did not see them" line.

Lane splitting is illegal in Florida, and a rider lane splitting at the time of impact will face a comparative-negligence argument that may significantly reduce recovery. Below 51% fault you can still recover under Fla. Stat. § 768.81; at 51% or above your claim is barred. Liability is fact-specific — the at-fault driver's conduct often outweighs the lane-splitting share.

Florida motorcycle accident case values are typically higher than comparable car cases because motorcycle injuries are more severe — fractures, road rash, TBIs and amputations are common. Settlements depend on liability, available coverage layers (BIL, UM, umbrella), permanency of injury, and lost earning capacity. Single-policy Florida defendants often have insufficient coverage; identifying every carrier and umbrella is critical.

Bicycle accidents do qualify for Florida PIP coverage when the cyclist owns a motor vehicle policy or lives with a relative who does — PIP follows the person, not the bike, under Fla. Stat. § 627.736. If no household auto PIP exists, the at-fault driver's PIP applies (when struck by a vehicle). Health insurance and UM coverage often round out the recovery.

Florida bicyclists have the same rights and duties as motorists under Fla. Stat. § 316.2065 — and motorists must give at least three feet of clearance when passing a cyclist. Bicycles must be operated as close to the right-hand side of the road as practicable, with required lights at night. Most Miami cycling crashes involve drivers violating the 3-foot rule or dooring cyclists in Brickell and Wynwood.

Fault when a car hits a Florida bicycle depends on the facts — drivers who fail to yield, run stop signs or violate the 3-foot passing rule are typically primarily at fault. Cyclists riding against traffic, running signals or riding without lights at night may share fault under comparative negligence. Crash reports, scene photos and traffic-camera footage drive the analysis.

You can still pursue a Florida bicycle accident claim without a police report, but the evidence path is harder. Witness statements, scene photos, medical records, ER intake notes describing how the injury occurred, and any traffic-camera or doorbell footage become critical. File a self-report under Fla. Stat. § 316.066 within 10 days when no officer responds. Call us before the trail goes cold.

A Florida hit-and-run bicycle crash is typically covered by your own UM/UIM coverage under Fla. Stat. § 627.727 — and household relatives' UM may also apply. You have two years to file under Fla. Stat. § 95.11(4)(a). Report the hit-and-run to police immediately and get any partial plate, vehicle description or witness contact you can. Most South Florida hit-and-run drivers are eventually identified by traffic cameras.

Available coverage in a Florida bicycle case includes the at-fault driver's BIL (if any), your household auto PIP and UM/UIM, your health insurance, and any umbrella policies layered above the primary auto policy. We pull every declarations page at intake and stack the coverage. Florida's lack of mandatory BIL makes UM the single most important coverage for cyclists.

Call 911, accept ambulance transport even if injuries seem minor, and ask responding officers to document the scene with photos. Adrenaline masks serious injuries — hairline fractures and concussions present hours later. Get the driver's information, license plate and witness contact details if you can. Do not negotiate at the scene. Call MG before the carrier calls you.

Florida PIP pays first for a pedestrian struck by a vehicle when the pedestrian or a household relative owns a motor vehicle policy — the auto PIP follows the person under Fla. Stat. § 627.736. After PIP is exhausted, the at-fault driver's BIL pays, then UM/UIM and health insurance fill remaining gaps. Many pedestrians do not realize their own household PIP applies.

A driver who strikes you in a marked Florida crosswalk is almost always primarily at fault — Fla. Stat. § 316.130 requires drivers to yield to pedestrians lawfully in the crosswalk. Liability can shift if the pedestrian entered against a Don't Walk signal or stepped into traffic too suddenly to allow a stop. Crosswalk crashes in Brickell, downtown Miami, South Beach and Coconut Grove are common — surveillance video is often available.

Florida law treats marked and unmarked crosswalks differently — drivers must yield at marked crosswalks and at unmarked crosswalks at intersections, and pedestrians outside crosswalks must yield to vehicles. The 3-foot passing rule does not apply, but careful-and-prudent driving does. Local ordinances in Miami, Doral and Palmetto Bay add stop-for-pedestrian requirements at certain crossings.

Speeding or DUI driver conduct under Fla. Stat. § 316.193 supports both compensatory damages and a potential punitive damages claim when the conduct was grossly negligent. We pull breath/blood test results, body cam footage, and dashcam evidence early. DUI hit-and-run pedestrian cases often produce the largest South Florida pedestrian recoveries — multiple coverage layers, dram shop angles and punitive exposure all stack.

You can still recover in a Florida pedestrian case if you are 50% or less at fault, with your award reduced by your percentage of fault under Fla. Stat. § 768.81. Cross 50% and recovery is barred. Common comparative-fault arguments include jaywalking, crossing against signals and dark clothing at night. We rebut these with traffic-engineering testimony and scene measurements.

Premises liability is the legal duty Florida property owners owe to people on their property to maintain reasonably safe conditions. The duty owed depends on the visitor's status — invitee, licensee, or trespasser — under longstanding Florida common law preserved by Fla. Stat. § 768.075. Business invitees are owed the highest duty: warn of known dangers and inspect for unknown ones.

Liability for an injury on Florida property usually rests with the owner, but tenants, property managers, security companies, and contractors can also be liable depending on who controlled the dangerous condition. We trace control through leases, vendor contracts and incident-response records. In hotels, nightclubs and STRs, multiple defendants are typical — naming all of them is how full coverage is reached.

In a Florida premises liability case you must prove duty, breach, causation and damages — that the property owner owed you a duty, breached that duty by failing to maintain the property or warn of a danger, and that the breach caused your injury. Slip-and-fall claims under Fla. Stat. § 768.0755 add an actual or constructive knowledge element on the dangerous transitory substance.

You have two years from the date of injury to file a Florida premises liability lawsuit under Fla. Stat. § 95.11(4)(a) for any cause of action accruing on or after March 24, 2023. Pre-HB 837 incidents may still qualify for the prior four-year window. Notice to the property owner is not statutorily required for private premises but is advisable to preserve evidence.

Florida premises liability case value depends on injury severity, medical costs, lost wages, future care, the strength of liability proof and available insurance. Slip-and-fall cases with minor injuries settle modestly; negligent security cases involving sexual assault or shooting often produce seven-figure recoveries. Comparative negligence under Fla. Stat. § 768.81 and the 51% bar are major variables.

Florida property owners must warn invitees of known dangers and inspect for unknown ones — that is the heart of the duty owed to a business invitee. Licensees (social guests) are owed warnings of known dangers but no inspection duty. Trespassers are owed the lowest duty, generally limited to refraining from willful or wanton harm under Fla. Stat. § 768.075.

The absence of a warning sign is strong evidence of breach in a Florida premises case — but it is not the whole case. You still need to prove the owner knew or should have known of the danger and that the lack of warning caused your injury. Surveillance video, prior incident reports and inspection logs are how we build that proof.

In a Florida slip-and-fall case at a business you must prove the establishment had actual or constructive knowledge of the dangerous transitory substance and should have remedied it under Fla. Stat. § 768.0755. Constructive knowledge is shown by length of time the condition existed or by regular recurrence — wet floors near soda machines, ice melt by freezers, leaking refrigerator cases.

You prove a Florida grocery store's constructive knowledge of a spill by showing the substance had been on the floor long enough that an ordinary employee would have spotted it, or that the condition occurred regularly and was foreseeable under Fla. Stat. § 768.0755. Surveillance video, cleaning logs, employee depositions and prior incident reports are the typical proof.

Report the fall immediately to a manager, get a copy of the incident report, photograph the substance and the floor, identify witnesses, and seek medical care that day. Surveillance footage at most Florida retailers is overwritten within 30 days — sometimes less — so a preservation letter from a lawyer needs to go out fast. Do not give a recorded statement to the store's adjuster.

Florida courts treat water near pools, fountains and showers as an "open and obvious" condition in many cases, which can defeat a premises claim. There are exceptions — hidden hazards, defective drainage, broken tile, missing slip-resistant surfaces — and resort or hotel duties to warn or barricade can change the analysis. We evaluate the specific layout, signage and prior incident history.

A slip and fall at a private Florida home is governed by the visitor's status — invitee (paid worker, repair tech), licensee (social guest) or trespasser — under Fla. Stat. § 768.075. Homeowner's insurance typically covers the claim through the medical payments and liability sections of the policy. Family settings raise difficult dynamics; we counsel clients carefully through them.

Florida slip-and-fall cases are harder than they look — Fla. Stat. § 768.0755 puts the actual or constructive knowledge burden squarely on the plaintiff, and defense lawyers exploit the "transitory substance" framework hard. Winning cases have video, repeat-condition evidence, inspection-log gaps, or worker testimony. We screen these cases honestly at intake.

A negligent security claim is a Florida premises liability theory holding property owners liable for criminal acts (assault, shooting, sexual assault) on their property when those acts were reasonably foreseeable and the owner failed to take reasonable security measures. Foreseeability is typically shown by prior similar crimes on or near the property — police call records, crime statistics and prior incident reports drive the proof.

You prove foreseeability in a Florida negligent security case by showing prior similar crimes on or near the property that the owner knew or should have known of. Police call-for-service records, FBI Crime Data, prior internal incident reports, neighborhood crime statistics, and the property's own security audits are the standard evidence sources. We subpoena records from local PD and FDLE early.

Defendants in a Florida negligent security case typically include the property owner, the management company, the leasing entity, the third-party security vendor, and sometimes the franchisor. Hotels under Fla. Stat. § 509 owe heightened duties to guests as paying invitees. Apartment complexes, nightclubs, parking garages and shopping centers each have their own coverage and contractual layers.

Common Florida negligent security cases include shootings in apartment parking lots, sexual assaults in hotel hallways, nightclub assaults, gas station robberies, and parking-garage muggings. Locations matter — properties in high-crime corridors with prior incidents and inadequate lighting, broken access controls or untrained guards generate the strongest claims.

Florida negligent security recoveries range widely — from low six figures for assaults with limited injuries to multi-million dollar verdicts in shootings and sexual assault cases at major hotels and apartment complexes. Recovery depends on injury severity, available coverage, foreseeability evidence, and punitive exposure when the property's conduct was reckless. The 51% comparative-fault bar applies.

You have two years from the date of the incident to file a Florida negligent security claim under Fla. Stat. § 95.11(4)(a) for any cause of action accruing on or after March 24, 2023. Civil sexual battery claims have separate, longer SOLs under Fla. Stat. § 95.11(7) — including no SOL at all when the victim was under 16 at the time. Older incidents may still qualify under prior law.

Liability for a Florida pool drowning typically falls on the property owner, pool operator or homeowners' association — and sometimes on a manufacturer when defective drains or covers are involved. Florida ranks first nationally for drowning deaths in children ages 1–4 (CDC data), and the state's Residential Swimming Pool Safety Act, Fla. Stat. Chapter 515, sets specific barrier and alarm requirements.

The Florida Residential Swimming Pool Safety Act, Fla. Stat. § 515.27, requires at least one of: a compliant pool barrier, an approved safety pool cover, exit alarms (≥85 dB at 10 feet) on doors and windows accessing the pool, self-closing/self-latching devices on doors with release mechanisms above 54 inches, or a pool alarm meeting ASTM F2208. Failure to comply is direct evidence of negligence.

Yes — a Florida hotel or resort can be sued for a drowning when the owner failed to provide adequate lifeguards, depth markings, signage, or rescue equipment, or when the pool was open during prohibited hours without appropriate barriers. Hotels owe paying guests heightened duties under Fla. Stat. § 509. Resort cases often involve rip currents, beach drowning and water-park rides as well.

A drowning at a Florida vacation rental can produce claims against the host, the property manager, and potentially the platform when the listing misrepresented safety features. Vacation-rental pools must comply with Florida's pool safety laws and any local barrier requirements. STR drownings are tragically common — host failure to install or maintain barriers is a frequent factual issue.

You have two years from the date of death or injury to file a Florida drowning claim — Fla. Stat. § 95.11(4)(a) for personal injury or § 95.11(4)(d) for wrongful death. The wrongful death subsection numbering should be confirmed with the current Florida Senate posting before publication. Murder/manslaughter cases have no SOL under § 95.11(10).

Recoverable damages in a Florida drowning case include medical and funeral expenses, lost financial support, lost services and companionship, mental pain and suffering for surviving family, and net accumulations to the estate under the Florida Wrongful Death Act, Fla. Stat. §§ 768.16–768.26. Survivor categories and damage rules vary by relationship to the decedent.

You can sue a Miami nightclub for an assault on the premises under a Florida negligent security theory when the assault was reasonably foreseeable and the club failed to take adequate security precautions. South Beach, Wynwood, Brickell and downtown Miami nightclubs often have prior incident histories well known to law enforcement. Foreseeability and inadequate security are the central battlegrounds.

Florida's dram shop statute, Fla. Stat. § 768.125, narrowly limits liability to two scenarios: willfully serving alcohol to an underage person, or knowingly serving someone habitually addicted to alcohol. General over-service of an adult is not enough. The "habitually addicted" knowledge requirement is actual, not constructive — affidavits, prior incidents and 86-list inclusion are how we prove it.

Defendants in a Florida nightclub injury typically include the venue owner, operating LLC, security/bouncer vendor, landlord, and sometimes the alcohol distributor. Bouncer-on-patron assaults bring direct negligence and respondeat superior claims. Multiple-LLC corporate structures common in Miami nightlife require careful piercing — we trace the chain at intake.

The most important Florida nightclub case evidence is interior and exterior surveillance video, club incident logs, bouncer training records, alcohol service records, 911 call records, police reports, and witness statements taken before memories fade. Most clubs overwrite video within 7–30 days. A spoliation letter the next morning is non-negotiable.

You can recover after a Florida nightclub injury even if you were drinking, but the defense will raise comparative negligence under Fla. Stat. § 768.81 — and at over 50% fault you recover nothing. Voluntary intoxication does not bar a negligent-security claim against the venue. The 51% bar is most often crossed when intoxicated patrons start the altercation.

You have two years from the date of injury to file a Florida nightclub injury claim under Fla. Stat. § 95.11(4)(a) for any cause of action accruing on or after March 24, 2023. Civil sexual battery claims arising from nightclub incidents follow the longer SOLs in Fla. Stat. § 95.11(7) — including no SOL when the victim was under 16.

Yes — Florida hotels owe paying guests a heightened duty of care as public lodging establishments under Fla. Stat. Chapter 509, including duties to provide reasonable security, maintain safe premises and warn of known dangers. Hotel injury claims commonly involve slip-and-fall in lobbies and bathrooms, pool drowning, balcony falls, assaults in hallways and parking structures, and bedbug exposure.

You can sue a Florida hotel for an assault in your room under a negligent security theory when the assault was reasonably foreseeable and the hotel failed to provide adequate security — functioning door locks, key-card controls, hallway lighting, surveillance, and trained security staff. Hotels with prior incident histories on or near the property are most exposed.

Defective hotel pool, balcony or shower injuries fall under standard premises liability — the hotel must inspect, maintain and warn. Pool drowning ties back to Fla. Stat. Chapter 515 barrier requirements. Balcony falls usually involve building-code violations or rotted railings. Shower slip-and-fall cases require non-slip surface evidence and prior similar incident proof. Photograph everything before checkout.

Bedbug infestations can support a Florida hotel claim when the hotel knew or should have known of the infestation and failed to remediate. Damages may include medical treatment for bites, allergic reactions, lost vacation value, property contamination and emotional distress. Pest-control records, prior guest complaints and online reviews are how we prove notice.

Liability for a third-party vendor injury at a Florida hotel often runs to both the vendor and the hotel — the hotel cannot delegate its non-delegable duty to keep the property safe for invitees. Spa staff, valet operators, contracted security and excursion providers all create dual-defendant claims. Vendor contracts, indemnity provisions and certificates of insurance are pulled at intake.

You have two years from the date of the injury to file a Florida hotel injury claim under Fla. Stat. § 95.11(4)(a) for any cause of action accruing on or after March 24, 2023. International chain hotels may include forum-selection or arbitration provisions in reservation terms — we evaluate enforceability and the SOL impact at intake.

You can sue a Florida restaurant for a slip and fall, but Fla. Stat. § 768.0755 puts the burden on you to prove the restaurant had actual or constructive knowledge of the transitory substance. Restaurant slip-and-fall venues — kitchens, server walkways, ice machines, restroom corridors — produce regular spills, which strengthens constructive-knowledge proof through evidence of recurring conditions.

You may have a Florida foodborne illness claim against a restaurant if you can tie the illness to a specific contaminated food source — typically through stool culture, hospital records, county health department investigation, and other diners with the same illness. Florida Department of Health investigates outbreaks and produces reports admissible in civil cases. Solo cases without epidemiological backing are difficult.

Florida's dram shop statute, Fla. Stat. § 768.125, allows a claim only when a restaurant willfully served alcohol to an underage drinker or knowingly served someone habitually addicted to alcohol. General over-service of an adult patron does not create dram shop liability in Florida, regardless of how intoxicated the patron became. The bar is much higher than in most states.

You can sue a Florida restaurant for injuries from falling shelving, lights, signage or unstable furniture under premises liability — the restaurant's duty includes inspection, secure mounting and prompt repair. Surveillance video and maintenance logs typically resolve liability quickly. Claims involving children injured by tip-over furniture in kid-friendly venues regularly succeed.

Liability after a Florida restaurant security incident — assault, robbery, shooting — runs to the restaurant, any landlord with control over common areas, and any contracted security vendor. Foreseeability through prior similar incidents drives the claim. Late-night restaurants in high-crime corridors with inadequate lighting, no security and broken locks face the strongest exposure.

Florida franchise restaurants and franchisors share potential liability when the franchisor exerted operational control beyond brand standards — training, security policies, layout decisions. Most cases settle against the franchisee operator. We pursue the franchisor when corporate decisions caused the unsafe condition. Franchise agreements and operations manuals are subpoenaed during discovery.

You can sue the host, the property owner and the property manager for an injury at a Florida short-term rental — and sometimes the platform itself, depending on the conduct alleged. Airbnb and VRBO assert immunity under Section 230 of the Communications Decency Act (47 U.S.C. § 230) for content posted by hosts, but claims rooted in the platform's own conduct (defective vetting, false safety representations) may survive. This is an evolving area — MG has recent case experience here.

Liability for a Florida vacation-rental injury typically runs to the host (owner), the property management company, and any contractor whose work created the dangerous condition. Florida treats short-term renters as business invitees, owed the same duties of inspection and warning as hotel guests. Coverage is the harder issue — many homeowner policies exclude commercial vacation-rental use.

Standard homeowner's insurance often does not cover injuries at a Florida property used for short-term rental — most policies exclude business or commercial use. Hosts who fail to obtain commercial host coverage or platform-provided protection often leave injured guests with limited recovery. The first thing we do at intake is identify every available policy: host, manager, platform, umbrella.

Pool and hot tub injuries at Florida vacation rentals are common — drownings, slip and falls, and burn cases lead the list. Hosts must comply with Florida's Residential Swimming Pool Safety Act, Fla. Stat. Chapter 515, and any local pool barrier ordinances. Failure to install required barriers, alarms or self-latching gates is direct evidence of negligence. STR pool drownings of children are heartbreakingly preventable cases.

Florida short-term rentals are governed by state preemption under Fla. Stat. § 509.032(7), which prevents most local governments from prohibiting STRs or regulating their duration and frequency — with a grandfather exception for ordinances in place before June 1, 2011. Senate Bill 280 in 2024 attempted to expand state authority but was vetoed by Governor DeSantis. Confirm any current legislative changes before publishing.

A short-term rental injury differs from a hotel injury in three big ways: insurance coverage gaps are common at STRs, host vetting and training is far weaker than hotel staffing, and the property may not be inspected for code compliance the way a Florida public lodging establishment is under Fla. Stat. Chapter 509. STR claims also often involve out-of-state hosts and corporate ownership LLCs we have to identify.

You have two years from the date of injury to file a Florida vacation-rental claim under Fla. Stat. § 95.11(4)(a) for any cause of action accruing on or after March 24, 2023. Some platforms also impose contractual notice deadlines and dispute-resolution clauses that operate as effective SOLs. Read the booking terms — or have us read them — before deciding how to proceed.

Get medical care, report the accident to FWC if it meets reporting thresholds, photograph the scene and vessels, and identify witnesses before they leave the dock. Florida Fish and Wildlife Conservation Commission requires reporting boating accidents involving death, disappearance, injury beyond first aid or vessel/property damage of $2,000 or more. Eric Mausner has built MG's maritime focus around these claims — "Injured at Sea? Call MG."®

The Jones Act, 46 U.S.C. § 30104, allows seamen injured by employer negligence to sue their employer in state or federal court for damages. To qualify as a seaman you must have a substantial connection to a vessel in navigation, contributing to its function. Florida's commercial fishing, dive boat and yacht crews qualify in many cases. The Jones Act sits separate from state personal injury law.

The Death on the High Seas Act (DOHSA), 46 U.S.C. §§ 30301–30308, governs wrongful death claims for deaths occurring on the high seas — generally beyond three nautical miles from US shore. DOHSA limits recovery to pecuniary damages for the survivors and excludes non-pecuniary damages like loss of companionship in most cases. Aviation deaths over the high seas have a partial carve-out under § 30307.

The SOL depends on jurisdiction. Florida state-law boating claims have a two-year SOL under Fla. Stat. § 95.11(4)(a) post-HB 837. Federal maritime claims under general maritime law typically follow a three-year SOL. Cruise passenger contracts almost always shorten the SOL to one year and impose a six-month written notice requirement under federal statute — which we discuss below.

You can sue a cruise line for injuries onboard, but the passenger ticket contract typically imposes a one-year SOL, a six-month notice requirement, and a forum-selection clause requiring suit in Miami federal court (S.D. Fla.) for Carnival, Royal Caribbean, NCL, MSC, and Celebrity. The Supreme Court upheld these clauses in *Carnival Cruise Lines v. Shute*, 499 U.S. 585 (1991). Reading the ticket terms early is essential.

Recoverable damages in Florida maritime cases vary by theory. Jones Act seamen recover lost wages, medical expenses, pain and suffering, and maintenance and cure. General maritime negligence cases (passengers) include similar economic and non-economic damages. DOHSA cases are limited to pecuniary damages. Punitive damages are available in certain unseaworthiness and willful-misconduct cases.

Federal admiralty jurisdiction under 28 U.S.C. § 1333 covers injuries on navigable waters when the activity has a substantial connection to traditional maritime activity. The "saving to suitors" clause preserves the right to sue in state court for many maritime claims. Choosing state versus federal court is strategic — substantive maritime law applies either way, but procedure and jury composition differ.

Charter fishing boat and jet ski rental injuries in Florida are governed by federal maritime law for most accidents on navigable waters. Liability waivers in rental agreements receive close judicial scrutiny — they cannot exclude liability for gross negligence under Florida law, and federal maritime law strikes broad releases as against public policy in many circumstances. The waiver is not always the end of the case.

You can sue a perpetrator civilly for sexual assault in Florida regardless of whether criminal charges were filed or resulted in conviction. Civil and criminal proceedings are separate, with different burdens of proof — criminal requires proof beyond a reasonable doubt, civil requires only a preponderance of the evidence. Civil recovery can also reach institutional defendants whose negligence enabled the assault.

The Florida civil sexual battery SOL under Fla. Stat. § 95.11(7) varies by victim age. For victims under 16 at the time of the offense there is no SOL — the case may be filed at any time, except that cases already time-barred on or before July 1, 2010 are not revived. For victims 16 and older the SOL is the latest of seven years after reaching majority, four years after leaving the abuser's dependency, or four years from discovery.

Liability in a Florida civil sexual assault case can extend to the perpetrator and to institutions whose negligence enabled the assault — hotels, schools, churches, employers, apartment complexes, nightclubs, transportation companies and rideshare platforms. Negligent security, negligent hiring/supervision, and ratification theories are the typical institutional claims. Eric Mausner's prosecutor background informs how MG handles the criminal-civil interplay.

You do not need a criminal conviction to win a Florida civil sexual assault case. The civil burden — preponderance of evidence — is far lower than the criminal beyond-a-reasonable-doubt standard. Many survivors recover civilly even when criminal cases were declined or ended in acquittal. A criminal conviction, when it exists, is admissible and powerful evidence in the civil case.

Florida courts often allow survivors to file civil sexual assault cases under "Jane Doe" or pseudonyms, with protective orders shielding identity from public records. The court balances the survivor's privacy interest against public access. Confidential settlement provisions are also common. We discuss identity protection at the very first meeting — confidentiality is a top priority for most survivors.

Damages in a Florida civil sexual assault case include medical expenses, mental health treatment, lost wages, loss of earning capacity, pain and suffering, and punitive damages against the perpetrator and any institution whose conduct was grossly negligent. Lifelong therapy, PTSD treatment and lost careers drive significant economic claims. Institutional defendants often have substantial coverage layers.

A police report is helpful but not required to file a Florida civil sexual assault case. Reporting can preserve evidence (rape kit, fresh complaint witnesses) and create an investigative record useful in civil litigation. Some survivors choose civil action only — that is a personal decision we respect and support. Either path benefits from prompt medical evaluation regardless of police involvement.

Many Florida civil sexual assault cases settle confidentially before trial, particularly institutional cases where the defendant wants to limit publicity. We prepare every case as if it will be tried — that is what produces serious settlement leverage. Survivor input drives the strategy at every step. Confidentiality, control over the narrative, and the survivor's healing are central to how we proceed.

A Florida wrongful death lawsuit must be filed by the personal representative of the decedent's estate under the Florida Wrongful Death Act, Fla. Stat. §§ 768.16–768.26. The personal representative brings the claim on behalf of the survivors and the estate. Survivors entitled to recover include the surviving spouse, minor children (and all children if no surviving spouse), parents, and certain dependent blood relatives.

You have two years from the date of death to file a Florida wrongful death lawsuit under Fla. Stat. § 95.11(4)(d). Confirm the exact subsection numbering on the current Florida Senate posting before publishing. Where the death resulted from murder or manslaughter, no SOL applies under Fla. Stat. § 95.11(10). Other special rules apply for medical malpractice and product liability deaths.

Recoverable damages in a Florida wrongful death case include lost financial support and services, loss of companionship and protection, mental pain and suffering for surviving family, medical and funeral expenses paid by survivors, and net accumulations recoverable by the estate under Fla. Stat. § 768.21. Available damages vary by survivor category — spouse, child, parent — and by whether the death involved medical malpractice.

A wrongful death case compensates survivors for their losses caused by the death; a survival action allows the estate to recover damages the decedent could have recovered if they had lived (medical bills, pre-death pain and suffering). Florida largely consolidates these claims under the Wrongful Death Act, with some carve-outs. The personal representative pursues both on behalf of the estate.

You can sue for wrongful death from Florida medical malpractice, but the Wrongful Death Act has historically limited certain non-economic recoveries in med-mal cases — adult children of deceased parents and parents of deceased adult children have not been able to recover non-economic damages. Confirm current legislative status before publishing — proposals to expand recovery have been pending in recent sessions and may have passed.

Payment in a Florida wrongful death case comes from the at-fault party's insurance — auto BIL, premises liability, professional malpractice, commercial general liability — and from any umbrella or excess policies. Personal assets are reached only when coverage is exhausted or unavailable. Identifying every applicable policy at intake is what determines whether real recovery is possible.

You can sue Florida hospitals, doctors and nursing homes for wrongful death when negligence caused the death — but Florida medical malpractice cases require pre-suit notice, an affidavit from a medical expert and a 90-day investigation period under Fla. Stat. § 766.106. The Florida Wrongful Death Act caps and survivor-category limits also apply. Long-term care facility cases additionally invoke Fla. Stat. § 400.022 resident rights.

Yes — a Florida wrongful death case requires opening a probate estate so a personal representative can be appointed to file the lawsuit. The probate process can be straightforward when the decedent had a will and clear assets, more complex without one. We coordinate with probate counsel to move both tracks in parallel so the wrongful death SOL is not threatened.