What Qualifies as a Personal Injury Case in Florida?
Hi, I’m Jaime Suarez — also known as Mr. 786 Abogado. If you’re reading this, chances are either you or someone you care about is dealing with some kind of injury and you’re wondering… do I have a case?
That’s a totally normal question — and it’s one I get all the time in my office. The truth is, Florida law doesn’t hand out personal injury claims for every bump and bruise. But if someone else’s carelessness (or worse, recklessness) caused you harm, then yes — you just might have a valid case.
Let me walk you through how it works — in plain English
So What Is a Personal Injury Case?
In Florida, a personal injury case is a civil lawsuit filed when someone gets hurt because another person, company, or even a government agency acted in a way that was negligent or wrongful.
Key word here? Negligence. We’re not talking about freak accidents or honest mistakes with no one to blame. A personal injury case is about holding someone accountable because they had a duty to act reasonably — and they didn’t.
Common Examples of Personal Injury Cases in Florida
Here’s the kind of stuff we handle regularly for clients in Miami and all over South Florida:
1. Car Accidents
This one’s huge. From fender benders to major pileups, auto crashes are one of the most common reasons people file personal injury claims. Florida is a no-fault state, meaning your own insurance pays up to a certain point (PIP coverage). But if your injuries are serious, you can step outside the no-fault system and go after the at-fault driver directly.
Think texting while driving, speeding, running red lights — all examples of negligence.
2. Slip and Falls / Premises Liability
Did you fall in a grocery store on a wet floor with no warning sign? Trip on a cracked sidewalk outside a business? That could be a premises liability claim. Property owners have a legal duty to keep their places reasonably safe for guests. If they don’t — and you’re hurt — you may have a claim.
Note: not every fall qualifies. We need to show they knew or should have known about the danger and didn’t fix it or warn you.
3. Workplace Injuries
Most job-related injuries are covered under workers’ comp, not a personal injury lawsuit. But sometimes, we can file a personal injury case — like if a third party (not your employer) caused your injury, or if your employer failed in a way that goes beyond simple negligence.
4. Medical Malpractice
This is when a doctor, nurse, or hospital messes up in a way that no reasonable medical provider would have — and you suffer serious harm as a result. Think: surgical errors, misdiagnoses, or birth injuries. These cases are complex and heavily regulated in Florida, but they can qualify as personal injury if the right criteria are met.
5. Defective Products
If a product (like a tire, airbag, or prescription drug) was defective and caused you harm, that’s called a product liability case — a type of personal injury lawsuit. The manufacturer, distributor, or seller could all be on the hook.
6. Dog Bites
In Florida, dog owners are strictly liable if their dog bites someone — even if the dog never bit anyone before. Doesn’t matter if the dog was “nice” or if the owner says, “he’s never done that before.” If you were bitten and didn’t provoke the dog, that’s a valid personal injury claim.
The 4 Things You Need to Prove
Let’s say you think you have a case. Here’s what we have to prove under Florida law:
- Duty of Care – The person or business owed you a duty to act with reasonable care. For example, a driver has a duty to follow traffic laws. A store has a duty to keep its floors safe.
- Breach of Duty – They failed in that duty. Maybe they were distracted. Maybe they ignored a known hazard. Maybe they just didn’t care.
- Causation – Their breach caused your injury. This is huge. We have to draw a clear line between what they did wrong and how it led to your harm.
- Damages – You suffered actual damages — physical, emotional, or financial. That could be medical bills, lost wages, pain and suffering, or long-term disability.
Real-Life Example: Slip and Fall at a Big Box Store
Let’s break it down with a real-world example.
Say a woman is walking through a major retail chain. It’s been raining, and there’s water pooled at the entrance. No warning sign. No mats. She slips, falls hard, and ends up with a fractured wrist and herniated disc.
Here’s how the case stacks up:
- Duty of Care: The store has a duty to maintain safe conditions and clean up hazards.
- Breach: They knew it was raining. They should’ve had a mat or sign — or at least mopped it up.
- Causation: The fall directly caused the injury.
- Damages: ER visit, surgery, physical therapy, missed work — that’s real loss.
- That’s a strong personal injury case under Florida law.
But What If I’m Partially at Fault?
Good question. Florida used to be a “pure comparative negligence” state, but that changed recently.
Now, under the new Florida law, if you’re found to be more than 50% at fault, you can’t recover anything. If you’re 50% or less at fault, you can still recover damages — but they’ll be reduced by your percentage of fault.
Example: Let’s say your damages are $100,000 but you were 25% at fault. You’d still walk away with $75,000.
So don’t assume you have no case just because you think you “might’ve messed up too.” Talk to a lawyer first.
How Long Do I Have to File?
Florida’s statute of limitations for personal injury claims is generally two years from the date of the accident. But there are exceptions, especially for medical malpractice and claims involving minors.
Bottom line? Don’t wait. These cases are built on evidence — and the longer you wait, the harder that gets.
What If I Don’t Want to Go to Court?
Most personal injury cases settle out of court. But here’s the catch — the insurance companies only pay fair value when they know you’re ready and willing to go the distance.
When I take your case, I’m not just sending letters and hoping for the best. I build it like we’re going to trial — even if we never step foot in a courtroom. That’s how we get results.
Final Thoughts from Mr. 786 Abogado
If you’ve been hurt and you’re wondering whether you have a personal injury case, don’t sit on it. Let’s talk. I’ll tell you the truth — even if that means telling you it’s not worth pursuing.
But if you do have a case? I’ll go toe-to-toe with the insurance companies and fight to get you every penny you deserve.
Call Jaime “Mr. 786 Abogado” Suarez today to Get You Paid! You don’t pay me unless we win.
