Florida

Pre-Settlement Funding in Florida

If you have an active personal injury lawsuit in Florida, pre-settlement funding can provide a non-recourse cash advance against your case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.

Florida uses modified comparative negligence with a 51% bar (medical malpractice is the exception), generally gives plaintiffs two years to file, and currently places no cap on non-economic damages after the state's prior caps were struck down as unconstitutional.

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Know the Law

Florida Personal Injury Law: What Affects Your Case

Florida files more personal injury lawsuits per capita than any other state — roughly 12 times the national average — driven by heavy tourism and traffic, a large elderly population, and high auto accident volume.

Fault Rule	Modified comparative negligence (Fla. Stat. § 768.81(6)) — if you are found more than 50% at fault, you cannot recover. Medical malpractice claims are exempt and remain under pure comparative negligence.
Statute of Limitations	Generally 2 years from the date of injury for accidents on or after March 24, 2023 (4 years for earlier accidents) under Fla. Stat. § 95.11.
Damages Cap	No cap on non-economic damages. Florida's prior medical malpractice caps were ruled unconstitutional (Estate of McCall, 2014; North Broward Hosp. Dist. v. Kalitan, 2017) and have not been reinstated.
Liability Rule	Several liability (Fla. Stat. § 768.81(3)) — each defendant generally pays only their own percentage of fault rather than the full judgment, with limited exceptions for intentional torts.
Litigation Funding Regulation	No Florida-specific licensing or disclosure law for consumer litigation funding is currently in effect; bills to regulate third-party financiers have been introduced but have not passed — confirm current status before relying on this.

Eligibility

Who Qualifies for Funding in Florida

Florida sees the highest volume of personal injury litigation of any state in the country, and most active cases with attorney representation can be reviewed for funding — car accidents, slip and fall and premises liability claims, medical malpractice, wrongful death, and rideshare accidents are all common case types.

Because Florida's courts handle such a high caseload, cases can take time to move through litigation regardless of how strong the underlying claim is. Funding review focuses on liability strength and realistic settlement value rather than how long the case has been pending.

Why It Matters

What the 51% Bar Means for Your Case

Florida's modified comparative negligence rule is less forgiving than a pure-comparative state: if you are found more than 50% at fault, you recover nothing, not a reduced amount. That makes liability allocation a more central question in funding review for Florida cases than in states without a fault bar. Medical malpractice claims sit outside this rule entirely, which is one reason they're treated as a strong, distinct case type in Florida.

On the other side of the ledger, Florida's lack of any cap on non-economic damages — even in catastrophic injury and wrongful death cases — tends to support higher expected case values once liability is established, which is a meaningful factor in how much funding a case can support.

Q&A

Frequently Asked Questions

Can I get funding if I was partly at fault for my Florida accident?

Often, yes. Florida uses modified comparative negligence: you can recover damages as long as you are not found more than 50% at fault. Funding review weighs the fault allocation carefully because crossing that 51% line bars recovery entirely. Medical malpractice claims are the exception and remain under pure comparative negligence.

How long do I have to file a personal injury lawsuit in Florida?

Generally two years from the date of injury for accidents on or after March 24, 2023 (four years for earlier accidents). Claims against government entities carry a separate, shorter notice deadline — confirm your specific deadline with your attorney.

Does Florida cap damages in my case?

No. Florida does not currently cap non-economic damages in medical malpractice or other personal injury cases — the prior statutory caps were ruled unconstitutional and have not been reinstated.

Is litigation funding regulated in Florida?

Florida does not currently have a state-specific licensing or disclosure law for consumer litigation funding. Bills to regulate third-party litigation financiers have been introduced in recent sessions but have not passed as of this writing — ask any funding company directly about its agreement terms.

How fast can I get funding for a Florida case?

Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.