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When you come to Florida on vacation, the last thing you expect is to get injured while you are here. Unfortunately, accidents can happen at any time and anywhere. If you were injured in Florida as a tourist, there are some important facts you need to know. Fort Myers personal injury attorney Randall L. Spivey explains your options below.

5 Important Facts About Florida’s Personal Injury Laws

Although Florida’s personal injury laws share many similarities with the personal injury laws in other states, they are also unique in certain respects. As a result, while you may be entitled to just compensation, you will need to be careful to protect your legal rights. One of the best things you can do is hire a local attorney to represent you. You will need a local attorney to handle your claim (not an attorney in your home state), and an attorney who is familiar with Florida’s personal injury laws and the location where your accident happened will be able to efficiently help you seek the compensation you deserve.  

While you can (and should) rely on your attorney to protect your rights under Florida’s personal injury laws, it will be helpful for you to familiarize yourself with some key aspects of the law. These include:

1. Tourists Have the Same Legal Rights as Florida Residents

Tourists and residents have the same legal rights under Florida’s personal injury laws—and you should not let anyone treat you differently. Whether you have a claim against a local driver, a local business, an international hotel chain, or a world-famous theme park, you are entitled to just compensation for your accident-related losses. This includes both your financial losses (i.e., your medical bills and your lost earnings if you miss additional time from work due to your injuries) and your non-financial losses (i.e., your pain, suffering, and emotional distress).

2. Drivers, Property Owners, and Businesses Can All Be Held Liable for Negligence

Drivers, property owners, and businesses can all be held liable for negligence under Florida law. Negligence can take many forms, and it provides the basis for the vast majority of personal injury claims in Florida. Speeding, running red lights and stop signs, and distracted driving are all common forms of negligence. So are failing to clean up spills, failing to provide adequate security and failing to repair safety hazards. When you hire an experienced Fort Myers personal injury attorney to represent you, your attorney should assess all potential grounds for filing a claim on your behalf.

3. Florida’s Personal Injury Statute of Limitations is Two Years (But You Should Still Hire a Lawyer Promptly)

Florida’s personal injury statute of limitations is two years from the date of the accident. But, while you may technically have two years to file a personal injury claim, you do not want to wait any longer than necessary to hire an attorney. It is essential to immediately retain your Fort Myers personal injury attorney to protect your legal rights so that our team can begin the necessary process to protect any evidence, investigate the scene, and determine any necessary witnesses as well as obtain photographs and video evidence.

This means that you should not wait until your vacation is over. While you might be tempted to salvage what you can from the rest of your trip, right now, protecting your health and protecting your legal rights need to be your top priorities. While this can be frustrating in the moment, in the future, you will be glad you made the right decision for you and your family. 

4. Even if You Were Partially at Fault, You May Still Be Entitled to Partial Compensation

Many tourists who have questions about filing a personal injury claim also have questions about what it means if they are partially to blame for their own injuries. The short answer is, “It depends.”

Due to a recent change in the law, Florida now follows the rule of “comparative negligence.” This means that you are still entitled to financial compensation as long as you were not more than 50 percent at fault in your accident (though your damages will be reduced in proportion to your percentage of fault). However, if you were more than 50 percent at fault, you are not entitled to any damages for your injuries. If you are concerned that you may have been partially at fault in your accident while on vacation in Florida, this is something that you will want to discuss with your Fort Myers personal injury attorney during your initial consultation.

5. You Can Hire a Personal Injury Attorney at No Out-of-Pocket Cost

If you have a personal injury claim as a tourist in Florida, you can hire an attorney to handle your claim at no out-of-pocket cost. We handle our clients’ claims on a contingency-fee basis. With contingency-fee representation, your initial consultation is completely free, and you pay nothing unless you receive just compensation for your accident-related injuries. There are no costs or attorney fees until we receive a monetary recovery for you.

Common Tourist Personal Injury Claims in Florida

When can you file a personal injury claim as a tourist in Florida? Just like Florida residents, tourists can file personal injury claims in a wide range of circumstances. Some of the most common types of personal injury claims we handle for tourists include:

• Rental car and rideshare accidents
• Amusement park accidents
• Hotel, motel, and resort accidents
• Hotel, bar, and nightclub accidents
• Pedestrian, bike, and scooter accidents
• Swimming pool accidents
• Boating and personal watercraft accidents

Collisions, slips and falls, and other common types of accidents can all warrant claims for just compensation. If you were injured in any type of accident for which you suspect that someone else (or a company) may be responsible, it would be well worth speaking with a personal injury attorney about your legal rights. Again, it costs nothing to find out if you have a claim, and if you do have a claim, you may be entitled to significant compensation for your financial and non-financial losses. 

5 Steps to Take if You Were Injured on Vacation in Florida

With all of this in mind, there are some important steps that you should try to take right away if you were injured on vacation in Florida. To give yourself the best chance of recovering financial compensation for your accident, you should:

1. Get Treatment Locally

If you have not done so already and are still in Florida, you should get treatment locally. This is important for a few reasons. First, getting the treatment you need as soon as possible will help mitigate your risk of facing long-term complications. Second, seeking treatment promptly will also help with documenting the cause of your injury—which is important for seeking just compensation. Third, flying with certain types of injuries can be risky, and you do not want to unnecessarily put yourself in a dangerous situation.

If you are not sure how to choose a local healthcare provider in Florida, we can provide you with some recommendations.

2. Keep as Much Documentation as Possible

You should do your best to keep as much documentation as possible. This includes keeping any photos or videos you have from the scene of your accident. It also includes keeping copies of your medical records. Additionally, we strongly recommend taking 10 to 15 minutes to write down as many details as you can remember—as the details can start to fade surprisingly quickly.

If you have a police report, insurance information, or any other documentation from your accident, be sure to keep this as well. Any documentation you can provide will assist your Fort Myers personal injury attorney with assessing your legal rights.

3. Prioritize Your Recovery

We know it can be hard while you are on vacation, but at this point, you need to prioritize your recovery. You need to do everything you can to mitigate your injuries’ long-term effects and maximize your chances of recovering just compensation.

4. Wait to Post Your Vacation Photos on Social Media

While you may be tempted to post your vacation photos on social media, you should not do so at this time. If you have a personal injury claim, the at-fault party’s insurance company will be looking for anything it can use against you—and this includes scrutinizing anything you post on your social media profiles. For now, you should only share your photos with your personal injury attorney.

5. Find a Local Personal Injury Attorney

As we mentioned above, it is important to choose a local personal injury attorney in Florida to represent you. There are several factors to consider, and while it is important that you hire an attorney promptly, it is also important that you make an informed decision. To learn about choosing an attorney to represent you, you can read: Important Considerations When Choosing a Personal Injury Lawyer.

Randall L. Spivey, founder of Spivey Law Firm, Personal Injury Attorneys, P.A. is a Board-Certified Civil Trial Attorney.  Only 1% of attorneys in Florida are Board Certified in Civil Trial.  Certification is the highest level of recognition by the Florida Bar of competency and experience in the areas of law approved for certification by the Supreme Court of Florida.  Randall L. Spivey is also Preeminent Attorney Rated by Martindale-Hubbell, which is the highest standard for professional excellence in legal knowledge, communication skills, and ethical standards. He has also been selected for Florida Super Lawyers for 2013, 2015-2024.  At Spivey Law Firm, Personal Injury Attorneys, P.A., we represent people involved in numerous types of personal injury and wrongful death accidents in Fort Myers and throughout the state of Florida. 

Talk to a Fort Myers Personal Injury Attorney for Free

Were you injured on vacation in Florida? If so, we strongly encourage you to contact us right away for a free, no-obligation consultation. We represent tourists in all types of personal injury claims, and we have a proven track record of securing favorable results for our clients. To speak with an experienced Fort Myers personal injury attorney in confidence, call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 or statewide at 888-477-4839, or contact us online at Spiveylaw.com now.