Injured in Florida While Wintering There

An injury in Florida can follow you home. Many New Englanders are hurt in Florida in falls at stores and condominiums, car and golf-cart accidents, pool and boating incidents, and on cruise ships leaving Port Everglades and Miami, and then return to Massachusetts in the spring while the claim is still open. Muggeo & Associates has offices in Fort Lauderdale and Salem, and our attorneys are admitted in Florida and Massachusetts.

Florida Law Changed in 2023

Florida’s 2023 tort reform law, HB 837, made major changes that affect injured snowbirds:

Two-year deadline. The limitations period for most negligence claims dropped from four years to two for claims arising after March 24, 2023.
Modified comparative fault. An injured person found more than 50 percent at fault recovers nothing (medical negligence claims are treated differently).
Medical damages. Evidence of medical expenses is now tied largely to amounts actually paid or owed, and treatment under a letter of protection requires additional disclosures.
Negligent security. New rules apply to claims against property owners for crimes by third parties, including a presumption for certain multifamily properties that meet security standards.

Common Snowbird Injury Cases

Falls at condominiums, clubhouses, and pools (see Injuries at Florida Condos, HOAs and Seasonal Rentals)
Florida Car Accidents for Massachusetts Drivers, including golf carts and rental cars
Falls in stores, restaurants, and parking lots
Boating and personal watercraft accidents
Cruise ship injuries, which often have one-year contract deadlines (see Travel, Resort and Cruise Injuries)
Airport and in-flight injuries (see South Florida International Flight Injuries)
Dog bites in residential communities

Where Your Case Can Be Filed

Most injuries that happen in Florida are heard in Florida’s county or circuit courts or the federal courts in Florida. A Massachusetts court may be available if the defendant is subject to jurisdiction there. We evaluate both states, and federal court, to find the right venue. See Courts We Serve.

Handling a Florida Case From Massachusetts

Get medical care in Florida and tell the provider exactly how you were hurt.
Report the incident and photograph the scene before you leave.
Collect witness names and phone numbers; neighbors may also be seasonal.
Arrange follow-up care in Massachusetts and keep all records.
Use our snowbird checklist before you head north.

Muggeo & Associates has offices at 133 Washington Street, Salem, Massachusetts, and 160 SE 9th Street, Fort Lauderdale, Florida. Our attorneys are admitted in Massachusetts and Florida, as well as New Hampshire, New York, and Rhode Island, so one firm can follow your matter between your two homes.

Frequently Asked Questions

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

For most negligence claims that arose after March 24, 2023, Florida’s deadline is two years under section 95.11 of the Florida Statutes, down from four years. Some claims, such as those against government entities, have earlier notice requirements.

What if I was partly at fault?

Florida now uses modified comparative negligence. If you are found more than 50 percent at fault, you cannot recover. If you are 50 percent or less at fault, your damages are reduced by your share. Medical negligence claims follow a different rule.

Can I bring my case in Massachusetts instead?

Sometimes. It depends on whether a Massachusetts court has jurisdiction over the defendant, for example a national business or a company that does business in Massachusetts. Many Florida injury cases must be filed in Florida, and federal court may be available when the parties are from different states and more than $75,000 is at stake.

Will my Massachusetts health insurance pay for treatment in Florida?

Many plans do, but networks, referrals, and Medicare Advantage plans vary. Keep all bills and explanation-of-benefits statements. Florida law now limits medical damages evidence largely to amounts actually paid or owed, so insurance records matter.

What if I go back to Massachusetts before I finish treatment?

That is common. Tell your Florida providers you are leaving, get copies of records, and arrange follow-up care in Massachusetts promptly. Gaps in treatment are a frequent insurance argument.

Talk With Us in Massachusetts or Florida

If you have an injury that happened in Florida, call Muggeo & Associates at (978) 741-1177, text the same number, or request a consultation online. We answer calls 24/7 and can meet by phone or video wherever you are spending the season. Email: jared@ljmassoc.com.

This page provides general information, not legal advice. Laws in Massachusetts and Florida change, and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.

Call or Text (978) 741-1177 to Schedule Your Consultation