What Happens If You’re Injured While Visiting Florida? Out-of-State Visitor Injury Claims Explained
Blog   |  June 5, 2025
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What Happens If You’re Injured While Visiting Florida? Out-of-State Visitor Injury Claims Explained 

Florida is one of the most visited states in the U.S., attracting millions of tourists and business travelers each year. Whether you’re here for a beach vacation, a conference, or to visit family, an unexpected injury can quickly turn your trip into a stressful ordeal. If you were injured in Florida but live elsewhere, you may be wondering: Can I file a claim? What are my rights? Do I need to come back to Florida to take legal action? 

Here’s what you need to know about how personal injury claims work for out-of-state visitors. 

Florida Personal Injury Law Applies 

If your injury occurred in Florida, Florida law governs your claim—regardless of where you live. That means your case will follow Florida’s statutes of limitations, negligence rules, and court procedures. 

  • Statute of Limitations: In Florida, you typically have two years from the date of the injury to file a personal injury lawsuit. 
  • Comparative Negligence: Florida uses a modified comparative negligence system. You can recover damages if you’re 50% or less at fault, but your compensation is reduced by your share of fault. 

 

Common Out-of-State Injury Scenarios 

  • Car accidents while renting a vehicle 
  • Slip-and-falls at hotels, resorts, or theme parks 
  • Injuries at public attractions or events 
  • Pedestrian accidents in crosswalks or parking lots 
  • Water-related accidents (boating, jet skis, pools) 

 

Do You Need to Return to Florida? 

In many cases, your attorney can handle the entire claim process without requiring you to travel back to Florida. You may need to: 

  • Provide statements and medical records 
  • Participate in remote meetings or depositions 
  • Only appear in person if the case goes to trial (and even then, exceptions may apply) 

An experienced Florida personal injury attorney can represent your interests locally while keeping you informed at every stage. 

How to Strengthen Your Out-of-State Injury Claim 

  • Seek medical attention immediately, even if you return home 
  • File an incident report with the property owner or business 
  • Document everything: take photos, gather witness names, and keep all receipts 
  • Keep copies of out-of-pocket expenses related to your injury 
  • Speak to a legal representative as soon as possible 

 

Did You Know? 

Out-of-state visitors have the same legal rights as Florida residents when injured due to someone else’s negligence. The key is to act promptly and consult with an attorney familiar with Florida injury laws. 

Legal Advice 

  • Don’t delay filing a claim: The two-year clock starts ticking from the day of the injury. 
  • Coordinate your treatment: Let your doctors at home know this is an injury from an out-of-state incident. 
  • Avoid speaking to insurance companies alone: They may attempt to settle quickly or minimize your claim. 
  • Hire a Florida-based attorney: They understand local laws and courts and can handle the case on your behalf. 

 

At Kemp Law Group, we help injured tourists and out-of-state visitors get the compensation they deserve without unnecessary travel. If you were hurt while visiting Florida, contact us today for a free consultation. 

📞 Call 727-847-4878 or visit https://kemplaw.com to learn how we can help you navigate your injury claim from out of state. 

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