November 18, 2025 | Personal Injury
A personal injury claim is a legal process that allows an injured person to seek compensation when another party’s negligence or wrongful conduct causes them harm. These claims help victims hold negligent parties accountable and access the resources needed to move forward after an accident.
In Florida, personal injury cases commonly arise from events like motor vehicle collisions, slips and falls, and medical errors—situations where someone fails to act with reasonable care, resulting in injury to another person.
How Do You Prove a Personal Injury Case?
Most personal injury cases are based on the concept of negligence. To succeed, the injured individual must show that:
- The at-fault party owed them a duty of care. For example, drivers must follow traffic laws, property owners must maintain safe premises, and medical providers must uphold accepted professional standards.
- That duty was breached. Examples include speeding, failing to clean up a spill, or misreading radiology results.
- The breach caused the injury. There must be a clear link between the negligent action and the harm suffered.
- Damages resulted. These can include medical bills, lost income, pain and suffering, and other losses.
When these elements are supported with strong evidence, the injured party can hold the negligent individual or entity legally accountable for the harm they caused.
How Do Personal Injury Claims Work?
Most personal injury matters start with an insurance claim. The injured party submits evidence—such as medical records, photos, surveillance footage, expert opinions, and witness statements—to the insurance company. Negotiations follow, and many claims settle without the need for a lawsuit.
However, when the insurer disputes liability, undervalues damages, or refuses to negotiate fairly, the injured person may file a personal injury lawsuit in civil court. Litigation includes discovery (the exchange of evidence), depositions, expert analysis, and, if necessary, trial. Even once a lawsuit is filed, most cases still resolve through settlement before reaching a courtroom.
Common Types of Personal Injury Claims
Personal injury law covers a wide range of incidents. Some of the most frequent types of claims in Florida include:
- Car accidents caused by distraction, impairment, speeding, or violating traffic laws
- Commercial truck accidents, often involving multiple parties and significant injuries
- Motorcycle accidents, where riders often suffer severe trauma due to limited protection
- Slip and fall accidents due to unsafe property conditions
- Medical malpractice, such as misdiagnosis, surgical mistakes, birth injuries, or medication errors
- Dog bites and animal attacks, which may involve homeowner’s insurance coverage
- Workplace or construction accidents, particularly when third-party negligence is involved
- Bicycle and pedestrian accidents, which are increasingly common in busy areas like downtown St. Petersburg
Each type of case involves unique legal considerations, deadlines, and evidentiary requirements, making early legal guidance especially important.
Compensation Available in a Florida Personal Injury Claim
The purpose of a personal injury claim is to restore the injured party as closely as possible to their condition before the accident. In Florida, compensation falls into two main categories: economic and non-economic damages.
Economic damages compensate for measurable financial losses. Common forms include:
- Medical expenses: ER visits, hospitalization, surgeries, physical therapy, medications, medical devices, and future treatment needs
- Lost wages: Income lost while recovering from the injury
- Loss of earning capacity: Reduced ability to work or perform job duties long-term
- Property damage: Costs to repair or replace a vehicle, motorcycle, bicycle, or other damaged property
- Out-of-pocket expenses: Transportation to medical appointments, home modifications, or assistance with daily tasks
Non-economic damages compensate for the human impact of an injury. They may include:
- Pain and suffering: Physical pain, discomfort, and limitations caused by the injury
- Emotional distress: Anxiety, depression, trauma, or sleep disturbances
- Loss of enjoyment of life: Inability to participate in hobbies, activities, or daily routines
- Scarring or disfigurement: Physical changes that affect appearance or confidence
- Loss of consortium: Damage to relationships, companionship, or support
In rare cases—such as those involving extreme recklessness or intentional wrongdoing—Florida law may allow punitive damages. These are meant to punish wrongful conduct rather than compensate the victim.
Time Limits for Filing a Personal Injury Lawsuit in Florida
Florida’s statute of limitations generally gives injured people two years from the date of the accident to file a personal injury lawsuit. Certain claims, such as those involving government agencies, may have different deadlines or notice requirements. Missing the filing deadline typically means losing the right to pursue compensation, making it essential to act quickly.
Contact the St. Petersburg Personal Injury Lawyers at Graves Thomas Injury Law Group for a Free Consultation
If you’ve been injured in an accident, please contact our experienced St. Petersburg personal injury lawyers at Graves Thomas Injury Law Group to schedule a free consultation today. We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.
Graves Thomas Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-5735
Graves Thomas Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 617-8814
Graves Thomas Injury Law Group – St. Petersburg
200 Central Ave Suite 304
