Florida Personal Injury Law Guide for Orlando Victims

11 min read

Introduction: Why Every Injured Orlando Resident Needs to Understand Florida Personal Injury Law

Orlando’s bustling tourism industry, growing population, and dense roadway network make accidents inevitable. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) recorded more than 24,000 crashes in Orange County alone in 2022. Add countless slip-and-falls in theme parks, boating mishaps on Lake Eola, and workplace injuries in the city’s construction boom, and you’ll see why understanding Florida personal injury law is critical for anyone living in or visiting Orlando. If someone else’s negligence caused your injuries, state law empowers you to seek compensation for medical bills, lost income, pain and suffering, and more. This guide explains your rights, timelines, and actionable steps—written from the perspective of protecting injured individuals. Throughout, you’ll find Orlando-specific tips, citations to Florida statutes, and links to authoritative resources so you can make informed choices and, when ready, call Louis Law Group at 833-657-4812 for a free case evaluation.

1. Understanding Florida Personal Injury Law

1.1 Statute of Limitations

Florida generally provides two (2) years from the date of injury to file a lawsuit based on negligence, per the 2023 revision to Florida Statutes §95.11(4). Wrongful death actions must be filed within two years of death. Medical malpractice claims carry their own two-year clock from discovery, not to exceed four years (the statute of repose). If you miss these deadlines, the court will likely dismiss your case, no matter how strong your evidence looks.

1.2 Florida’s Pure Comparative Negligence Rule

Until March 2023, Florida followed a pure comparative negligence model. The legislature amended §768.81, creating a modified system for most negligence claims: an injured party found more than 50% at fault cannot recover damages. However, pure comparative negligence still applies to medical negligence. The jury assigns each party a percentage of fault, and your damages are reduced accordingly. Example: If you were 20% responsible for a car crash and had $100,000 in damages, you could still recover $80,000. Understanding the percentage matters greatly when negotiating with insurers.

1.3 No-Fault Insurance and PIP

Florida is one of the few states that still requires drivers to carry $10,000 in Personal Injury Protection (PIP) coverage under §627.736. PIP covers 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, but it rarely meets serious injury costs. To step outside the no-fault system and sue an at-fault driver, you must meet the “serious injury” threshold—significant and permanent loss of a bodily function, permanent injury, scarring, or disfigurement.

2. Common Types of Personal Injury Cases in Orlando

2.1 Auto and Rideshare Accidents

Orlando’s I-4 corridor is notorious for congestion and rear-end collisions. Whether you’re driving to the theme parks or commuting downtown, accidents happen. To prevail in a negligence claim you must prove: (1) duty of care, (2) breach, (3) causation, and (4) damages. Evidence from police crash reports, dashcams, and medical records can establish these elements. Rideshare crashes involve additional complexities—Uber and Lyft carry up to $1 million in liability coverage during active rides, but the coverage tapers when the app is off. Collect screenshots of the ride status early.

2.2 Slip-and-Fall and Premises Liability

Theme parks, hotels on International Drive, and downtown shops owe guests a duty to maintain reasonably safe premises. Under §768.0755, injured visitors must show the business had actual or constructive knowledge of a dangerous condition and failed to fix it. Preserving photos of the hazard (e.g., spilled drink near a concession stand) and obtaining witness statements are crucial.

2.3 Boating and Personal Watercraft Accidents

Central Florida’s lakes are popular for boating. Florida leads the nation in boating accidents, according to the Fish and Wildlife Conservation Commission. Operators must follow speed zones and carry safety equipment. If a negligent captain hit you while water-skiing, maritime and state negligence laws may overlap. Report the incident to the Florida Fish and Wildlife Conservation Commission within 48 hours.

2.4 Workplace Injuries

Injuries at Orlando’s construction sites or resorts often fall under the Florida Workers’ Compensation system (Chapter 440), which bars most lawsuits against employers but may allow third-party negligence suits (e.g., against equipment manufacturers). Report injuries to your employer within 30 days or risk losing benefits.

2.5 Defective Products

From faulty bicycle helmets sold in College Park bike shops to defective amusement-park parts, manufacturers can be liable under strict product liability and negligence theories. Florida recognizes three defect types: design, manufacturing, and failure to warn. Retaining the product in its post-accident condition is essential.

2.6 Wrongful Death

Florida’s Wrongful Death Act (Chapter 768, §§768.16-768.26) allows the decedent’s personal representative to sue for funeral costs, lost earnings, and survivors’ mental pain. The action must be filed within two years of death.

3. Florida Legal Protections & Recent Court Rulings

3.1 Damage Caps

Florida capped noneconomic damages in medical malpractice cases at $500,000 ($1 million for catastrophic loss). However, the Florida Supreme Court struck down the cap for personal injury in North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017), finding it unconstitutional. Caps on wrongful death medical malpractice claims remain unsettled and may be litigated. No caps exist for ordinary negligence or auto-accident claims.

3.2 Bad-Faith Insurance Protections

Insurers must handle claims in good faith under §624.155. If an insurance company unreasonably delays or underpays, you may pursue a bad-faith action. This leverage incentivizes fair settlements.

3.3 Recent Shift to Modified Comparative Negligence

House Bill 837, effective March 24, 2023, altered Florida’s negligence landscape. Plaintiffs now barred from recovery if they exceed 50% fault (excluding medical malpractice). This makes early, accurate fault assessments more critical than ever.

3.4 Attorney Fees & Proposal for Settlement

Florida’s “Offer of Judgment” rule (§768.79 and Fla. R. Civ. P. 1.442) can shift attorney fees if one side rejects a reasonable settlement offer and later loses more than 25% at trial. Understanding this rule shapes pre-trial strategy.

4. Immediate Steps to Take After an Injury

4.1 Seek Medical Treatment Within 14 Days

PIP benefits require initial medical care within 14 days of the accident (§627.736). Failing to do so can forfeit up to $10,000 in benefits. Even if you feel fine, adrenaline masks injuries.

4.2 Report the Accident

• Auto accidents: Call 911. Florida law requires reporting crashes involving injury, death, or property damage exceeding $500.

• Slip-and-falls: Notify store management immediately and request an incident report.

• Boating accidents: File a report with the Florida Fish and Wildlife Conservation Commission if injuries require medical treatment beyond first aid.

• Workplace injuries: Provide written notice to your employer within 30 days to initiate a workers’ compensation claim.

4.3 Preserve Evidence

• Photograph the scene from multiple angles.

• Capture visible injuries daily.

• Collect witness contact information.

• Save medical bills and receipts.

• Keep damaged personal property (e.g., torn clothing, broken phone) as evidence.

4.4 Notify the At-Fault Party’s Insurer

Send a brief, factual letter of representation. Avoid speculative statements or recorded interviews before consulting counsel. Anything you say may be used to diminish your claim.

4.5 Track Expenses and Symptoms

Maintain a pain diary, documenting daily limitations and emotional distress. These contemporaneous notes add credibility to noneconomic damages.

5. When to Seek Legal Help in Florida

Florida’s modified comparative negligence, PIP thresholds, and strict filing deadlines create pitfalls for self-represented claimants. You should call an experienced Orlando accident attorney immediately if:

• You suffered fractures, surgery, or long-term disability.

• Fault is disputed or you may share blame.

• An insurer requests a recorded statement or signs of bad faith arise.

• A commercial vehicle, rideshare, or government entity is involved.

• The two-year statute of limitations is approaching.

Louis Law Group focuses on representing injured Floridians and knows local adjusters, judges, and medical providers. From investigating crash reports to hiring expert witnesses, we handle the legal heavy lifting so you can focus on recovery. Our contingency-fee model means you pay nothing unless we win compensation for you.

6. Local Orlando Resources & Next Steps

FLHSMV Crash Portal – Order your official crash report online. Florida Department of Financial Services – Consumer Services – File insurance complaints and research licensed carriers. Orange County Bar Association Lawyer Referral – Find additional legal aid programs if needed.

• Courthouse: Orange County Courthouse, 425 N. Orange Ave., Orlando, FL 32801.

• Public transportation: LYNX Bus routes stop near major medical centers if you lack a vehicle post-crash.

Ready for Real Answers?

If you or a loved one were hurt in Orlando because of someone else’s negligence, don’t navigate Florida’s complex personal injury system alone. Call Louis Law Group at 833-657-4812 or use our online form for a free, no-obligation case evaluation. We fight tirelessly to maximize compensation so you can rebuild your life.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws change frequently; consult a licensed Florida attorney about your specific situation.