Guide to Florida Personal Injury Law in Orlando

Estimated read time: 12 min read

Introduction: Why Orlando Residents Must Know Their Personal Injury Rights

Every year, thousands of Central Florida residents suffer injuries in traffic collisions on I-4, slip-and-falls at theme parks, boating crashes on the Butler Chain of Lakes, and workplace incidents at the region’s booming construction sites. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Facts, Orange County alone recorded more than 24,000 traffic accidents in 2021—an average of 65 crashes every single day. Injuries can quickly generate costly medical bills, lost wages, and intense emotional stress. Understanding how Florida personal injury law applies to these situations empowers you to protect your health, finances, and legal rights. This comprehensive guide—written for injured people in Orlando—covers:

• The latest Florida statutes and court decisions that govern negligence claims.

• How the 2023 tort reform bill shortened most filing deadlines to two years.

• Key differences between auto, premises, boating, product liability, workplace, and wrongful-death claims.

• Step-by-step actions to strengthen your case immediately after an accident.

• Local resources and how Louis Law Group can advocate for you.

Whether you were rear-ended on Colonial Drive or injured by a defective ride component at a theme park, this article supplies accurate, Florida-specific guidance to help you pursue the compensation you deserve.

Understanding Florida Personal Injury Law

1. Statute of Limitations—Act Within Two Years

Effective March 24, 2023, House Bill 837 amended Florida Statutes § 95.11. The general deadline for filing a negligence lawsuit—including car accidents, slip-and-falls, and most product defect claims—is now two years from the date of injury, not four. Wrongful-death actions remain at two years, while intentional torts and medical malpractice have separate limitations. Missing the filing window usually bars recovery, so document your accident and consult counsel promptly.

2. Modified Comparative Negligence—50 Percent Bar

Florida previously followed a pure comparative negligence system. HB 837 shifted the state to a modified comparative negligence rule: you may recover damages only if you were no more than 50 percent at fault (medical negligence claims are excluded and still follow the pure rule). If you are 50 percent or less responsible, your award is reduced by your percentage of fault. For instance, a jury verdict of $100,000 where you are 20 percent liable nets $80,000. If you are 51 percent liable, you recover nothing. This makes early evidence gathering critical to contest insurer arguments blaming you.

3. Florida’s No-Fault & Minimum Insurance Requirements

Drivers registering a vehicle in Florida must carry at least $10,000 in Personal Injury Protection (PIP) coverage and $10,000 in Property Damage Liability under Fla. Stat. § 627.736. PIP pays 80 percent of reasonable medical expenses and 60 percent of lost wages up to the limit, regardless of fault, but only if you seek treatment within 14 days. You may step outside the no-fault system and sue an at-fault driver if you sustain a “serious injury” as defined by statute (e.g., permanent loss of a bodily function, significant scarring, or death).

4. Damage Categories in Florida

• Economic damages: medical bills, rehabilitation costs, lost income, property damage.

• Non-economic damages: pain, suffering, mental anguish, loss of enjoyment of life.

• Punitive damages: awarded only when the defendant’s conduct was intentional or grossly negligent; Florida caps these at three times compensatory damages or $500,000, whichever is greater (Fla. Stat. § 768.73).

Florida once capped non-economic damages in medical malpractice cases at $500,000, but the Florida Supreme Court struck that limit down in North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017). Always verify current law before filing.

Common Types of Personal Injury Cases in Orlando

1. Motor Vehicle Collisions

Tourism traffic, construction zones, and frequent rain create hazardous road conditions across Orange County. To prevail in a negligence claim, you must establish:

• Duty: The driver owed you a duty to operate safely.

• Breach: They violated that duty (e.g., speeding, distracted driving).

• Causation: The breach directly caused your injuries.

• Damages: You suffered compensable losses.

Police reports, dash-cam footage, and black-box data can corroborate fault. Remember to request a copy of the Florida Traffic Crash Report within 60 days.

2. Slip-and-Fall / Premises Liability

Theme parks, hotels, and retail centers must maintain reasonably safe premises. Florida law classifies visitors as invitees, licensees, or trespassers, each owed a different level of care. Under Fla. Stat. § 768.0755, a plaintiff must prove the business had actual or constructive knowledge of a dangerous condition and failed to correct it. Photographs, incident reports, and witness statements taken immediately after the fall are invaluable.

3. Boating & Personal Watercraft Accidents

With Lake Eola in downtown Orlando and dozens of surrounding lakes, boating mishaps are common. Operators must follow Florida Fish and Wildlife Conservation Commission (FWC) regulations. Negligence may involve speeding, intoxication, or failure to supply life vests. Under the Jones Act and federal maritime law, different statutes can apply if the vessel is commercial.

4. Workplace & Construction Injuries

While workers’ compensation is the exclusive remedy against most employers, you may sue third parties—like equipment manufacturers or negligent subcontractors—for additional damages. Florida’s workers’ compensation claims must be reported within 30 days (Fla. Stat. § 440.185).

5. Defective Products

A product liability action may allege design defect, manufacturing defect, or failure to warn. Florida follows the risk-utility test and consumer expectation standard. The two-year statute of limitations still applies, but the discovery rule postpones accrual until the injury is discovered or should have been discovered.

6. Wrongful Death

The decedent’s personal representative brings the claim for the estate and survivors under Fla. Stat. § 768.19. Recoverable damages include lost earnings, medical and funeral expenses, and loss of companionship. The suit must be filed within two years of death.

Florida Legal Protections & Key Regulations

1. Evidence Rules and Preservation

Florida courts follow the Florida Evidence Code (Fla. Stat. §§ 90.101 et seq.). A party can send a spoliation letter demanding defendants preserve video footage, electronic logs, or physical evidence—failure may lead to sanctions or adverse inferences.

2. Pre-Suit Requirements

Certain claims require notice before filing suit. For example, medical malpractice plaintiffs must provide a notice of intent and undergo informal discovery per Fla. Stat. § 766.106. Neglecting pre-suit steps can dismiss your claim.

3. Damages Caps & Recent Caselaw

• Medical Malpractice: Non-economic caps ruled unconstitutional (Kalitan, 2017).

• Punitive Damages: Capped unless the defendant had specific intent.

• Sovereign Immunity: Suits against state agencies cap damages at $200,000 per person/$300,000 per incident unless the legislature passes a claims bill.

4. Insurance Bad Faith

When insurers unreasonably deny or delay payment, you may file a civil remedy notice with the Florida Department of Financial Services and pursue bad-faith damages under Fla. Stat. § 624.155. This can multiply recovery beyond policy limits.

5. Court System Overview

Orlando cases typically proceed in the Ninth Judicial Circuit Court (Orange and Osceola Counties). Claims under $50,000 may qualify for County Court; higher amounts or complex matters go to Circuit Court.

Critical Steps After an Orlando Accident

Seek Immediate Medical Care Florida PIP requires treatment within 14 days. Delayed care allows insurers to argue your injuries are unrelated. Report the Incident • Auto crashes involving injury must be reported to law enforcement. • Slip-and-falls should be documented with management. • Boating accidents with injury must be reported to FWC within 48 hours. Document Everything Use your phone to photograph hazards, vehicle positions, weather conditions, and injuries. Collect witness contacts. Preserve Evidence Keep damaged property, medical devices, or defective products. Save communication with insurance adjusters. Notify Your Insurer—but Mind Your Words Provide basic facts only. Do not consent to recorded statements without legal advice. Track Expenses Maintain a file with medical bills, prescription receipts, mileage logs, and time-off records. Consult an Attorney Early A lawyer can coordinate specialists, issue spoliation letters, and negotiate with insurers while you focus on recovery.

When to Consult an Orlando Personal Injury Lawyer

The more severe your injury, the more likely you need legal representation. You should speak with an attorney if:

• You suffered fractures, head trauma, or required surgery.

• The other side disputes liability or blames you.

• Multiple parties or commercial insurers are involved (e.g., rideshare, trucking, theme park operator).

• The insurer is delaying, lowballing, or denying claims.

• You face long-term disability or cannot return to work.

Louis Law Group has recovered millions for Florida accident victims by leveraging aggressive negotiation, thorough investigation, and courtroom readiness. Our Orlando-based attorneys are licensed in all Florida state courts and federal Middle District of Florida. We work on a contingency-fee basis—no fees unless we win.

Local Resources & Your Next Steps

Florida Department of Highway Safety and Motor Vehicles – Request crash reports and review safety initiatives: FLHSMV official site. Florida Department of Financial Services, Consumer Services Division – File insurance complaints and access mediation: Consumer Services.

• Orange County Clerk of Courts – Access civil case dockets and e-filing: myorangeclerk.com.

• Legal Aid Society of the Orange County Bar Association – Low-income residents may qualify for free legal assistance.

• Medical Providers – Orlando Health, AdventHealth, and Level I trauma centers for comprehensive treatment records.

Take the Next Step: If you or a loved one has been injured in Orlando, time is not on your side. Evidence disappears, witnesses relocate, and Florida’s two-year statute of limitations can expire quickly. Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation today. Our experienced attorneys will review your claim, explain your options, and fight for the maximum compensation under Florida law.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every case is unique. Consult a licensed Florida attorney to obtain advice about your specific situation.