Reviewed by Emanuel Galimidi, Esq. — former insurance-defense attorney · Last updated September 2026
Can I still bring a claim if I was hurt in Florida but live in another state or country?
Yes. An injury that happens in Florida is governed by Florida law no matter where you live, and the at-fault party's insurer owes a visitor the same duty it owes a resident. You generally have two years to file a negligence lawsuit (Fla. Stat. § 95.11(5)(a)), you can still recover if you were 50% or less at fault (§ 768.81), and almost every step of the claim — the investigation, the medical records, the negotiation, and most of any lawsuit — happens without you in the room. You can keep treating with your own doctors at home; those records become part of the Florida claim. If a lawsuit is filed, a deposition may be needed, which can usually be scheduled by video or around a planned trip.
Questions people ask
Injured while visiting Florida — FAQ
Do I have to come back to Florida for my case?
Usually not for the claim itself. The investigation, records, negotiation, and most of any lawsuit happen without you here. If suit is filed, you may need to give a deposition, which is often done by video; a trial would require attendance, but the large majority of cases resolve before that.
Who pays my medical bills if I was hurt on vacation in Florida?
At the end, the at-fault party's insurer is responsible for the harm it caused, and that does not change because you live somewhere else. In the meantime your health insurance, travel insurance, or auto coverage (PIP or MedPay) may pay the bills; any reimbursement they are owed is handled out of the recovery.
Can I treat with my own doctors at home?
Yes — and you should. Get seen in Florida before you leave so the injury is documented here, then follow up promptly with your own providers. Their records, bills, and any imaging become part of the Florida claim; gaps in treatment are what the insurer uses against you.
I'm from Canada or another country — does that change anything?
Not your rights. Florida law applies and the at-fault insurer answers the same way. It does change the logistics — currency, translated records, travel-insurance reimbursement, and provincial or national health plans that pay only part of U.S. bills — which is exactly the part I handle. Canadian visitors have their own page.
I was hurt in a rental car — whose insurance applies?
Start with the at-fault driver's liability policy. Your own auto policy usually follows you into a rental, and the rental company's optional coverage or damage waiver may add a layer. Under federal law the rental company itself is generally not liable just for owning the car, so the case is built on the driver who caused the crash and the coverage around you.
How long do I have to file?
Generally 2 years from the injury in Florida. Cruise-ship injuries usually carry a one-year deadline and a six-month written-notice requirement under the ticket contract, and claims against a city, county, or state agency require early notice — so a call before you leave is the safest move.
