Orlando Guide to Florida Personal Injury Law & Your Rights

13 min read

Introduction: Why Orlando Residents Need to Know Their Rights

Central Florida’s vibrant tourism, growing population, and endless construction make Orlando a hub of economic activity—and, unfortunately, a hotspot for preventable accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Orange County regularly records more than 25,000 traffic crashes each year. Add slip-and-fall incidents at theme parks, boating mishaps on Lake Eola, workplace accidents along the I-4 corridor, and defective products shipped through Orlando’s logistics centers, and it becomes clear why understanding Florida personal injury law in Orlando is critical. This guide—written from the perspective of protecting injured individuals—explains:

• Key Florida statutes and recent changes (including the new two-year statute of limitations for negligence claims).

• How modified comparative negligence affects settlement value.

• What Personal Injury Protection (PIP) means for auto crashes in Orlando.

• Practical, step-by-step actions to strengthen a claim—whether it involves an auto collision near Disney, a slip and fall on International Drive, a boating injury on the St. Johns River, or a wrongful death.

If you or a loved one has been hurt anywhere in Orange County, this resource will help you make informed decisions and recognize when it’s time to call an Orlando accident attorney at Louis Law Group for a free case evaluation at 833-657-4812.

Understanding Florida Personal Injury Law

1. Statute of Limitations

Effective March 24, 2023, Florida House Bill 837 amended Fla. Stat. § 95.11. Most negligence actions—including car accidents and slip-and-falls—must now be filed within two (2) years of the date of injury. Wrongful death cases still allow two years, while most medical malpractice actions must be brought within two years of discovery but not more than four years from the incident (with limited exceptions for fraud or minors).

2. Modified Comparative Negligence

Florida replaced its pure comparative negligence system with a modified comparative negligence rule. Under Fla. Stat. § 768.81, an injured plaintiff who is greater than 50% at fault cannot recover damages (medical malpractice cases are exempt). If you are 50% or less at fault, your award is reduced in proportion to your responsibility. For example, a $100,000 judgment becomes $60,000 if you’re deemed 40% negligent.

3. Florida’s No-Fault Auto Insurance and PIP

Florida is one of a handful of no-fault states. All owners of motor vehicles registered in Florida must carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability coverage, per Fla. Stat. § 627.736. After a crash:

• PIP pays 80% of reasonable medical expenses and 60% of lost wages up to the $10,000 limit, regardless of fault.

• You may pursue the at-fault driver outside the no-fault system if you sustained a “serious injury”—defined as significant and permanent loss of an important bodily function, permanent injury, significant scarring/disfigurement, or death.

4. Damage Caps in Florida

• Medical malpractice non-economic damages: Generally capped at $500,000 against a practitioner and $750,000 against a non-practitioner facility (see Fla. Stat. § 766.118).

• No statutory caps exist for most other personal injury claims, including auto accidents and defective products.

Common Types of Personal Injury Cases in Florida

1. Car, Truck, and Motorcycle Accidents

The dense tourism traffic on I-4, SR-408, and the Florida Turnpike makes collisions a daily occurrence. To prove negligence you must establish:

• The defendant owed you a duty of reasonable care (all drivers do).

• The duty was breached (speeding, impaired driving, texting).

• The breach caused your injuries.

• You incurred damages (medical bills, lost wages, pain and suffering).

Gathering traffic crash reports from the FLHSMV and eyewitness statements is crucial.

2. Slip-and-Fall or Trip-and-Fall (Premises Liability)

Under Fla. Stat. § 768.0755, a business establishment is liable if it had actual or constructive knowledge of a dangerous condition (e.g., wet floor at a theme park) and failed to correct it. Constructive knowledge can be proven by showing the hazard existed long enough that it should have been discovered or that it occurred with such regularity that it was foreseeable.

3. Boating and Watercraft Accidents

Florida leads the nation in registered vessels. On lakes such as Conway and rivers like the St. Johns, operators must follow Fla. Stat. § 327.30, requiring prudent operation. Alcohol, excessive speed, or equipment failure can create liability. The statute of limitations is the same two-year window for negligence.

4. Workplace Injuries

Most Orlando employers must carry workers’ compensation under Fla. Stat. § 440. Workers’ compensation is generally the exclusive remedy against an employer, but third-party personal injury claims may still exist (e.g., defective equipment). Notice must be given to your employer within 30 days.

5. Defective Products

Florida recognizes strict liability in product defect claims. You must prove the product was unreasonably dangerous, you were using it as intended, and it caused injury. The two-year negligence limitations period also applies.

6. Wrongful Death

Under Fla. Stat. § 768.19, the personal representative of the deceased’s estate may file a wrongful death suit within two years of the date of death. Recoverable damages include funeral costs, loss of support and services, and mental pain and suffering for certain survivors.

Florida Legal Protections & Recent Case Developments

1. Evidentiary and Tort Reform Changes (HB 837)

HB 837 not only shortened the limitations period but also altered the admissibility of medical bills. Evidence of “billed amounts” is now limited to amounts actually paid (if insured) or 120% of Medicare rates (if uninsured). This can significantly impact claim valuation.

2. Graves Amendment & Rental Car Claims

Because Orlando hosts millions of tourists renting cars, Fla. residents should know about the federal Graves Amendment (49 U.S.C. § 30106), limiting vicarious liability against rental companies. You can still pursue the renter’s personal insurance or negligent maintenance claims against the company.

3. MedPay Offsets and Collateral Source Rule

Florida’s collateral source rule (Fla. Stat. § 768.76) allows courts to offset certain payments from health insurers or disability benefits, but not PIP benefits. Understanding offsets prevents surprises at settlement.

4. Recent Court Decisions Impacting Injured Claimants

• Dial v. Calusa Palms Master Ass’n, Inc., 308 So. 3d 690 (Fla. 2d DCA 2020) confirmed constructive knowledge can be inferred from circumstantial evidence in slip-and-fall claims.

• Maronda Homes, Inc. v. Lakeview Reserve Homeowners Ass’n, 127 So. 3d 1258 (Fla. 2013) affirmed strict liability for builders selling homes with latent defects causing injury.

Step-by-Step Guide After an Injury

1. Seek Immediate Medical Treatment

Your health comes first. Florida PIP requires you to receive initial medical services within 14 days of a car crash to access PIP benefits. Prompt care also links your injuries to the accident.

2. Report the Incident

• Auto crashes: Call 911 if injuries or property damage exceed $500. Law enforcement must file a crash report (Fla. Stat. § 316.066).

• Slip-and-falls: File an incident report with the property manager immediately.

• Boating: Report to the Florida Fish and Wildlife Conservation Commission (FWC) if injury requires medical care or there’s $2,000+ property damage.

• Workplace accidents: Notify your employer within 30 days.

3. Document Everything

• Photograph the scene, hazards, injuries, and property damage.

• Collect names, phone numbers, and email addresses of witnesses.

• Keep receipts, mileage logs to medical appointments, and pay stubs to prove lost wages.

4. Preserve Physical Evidence

Do not repair vehicles, discard defective products, or wash clothes with blood or chemicals until your attorney inspects them. Evidence spoliation can hurt your claim.

5. Notify the Responsible Insurer

Florida law allows insurers to investigate promptly. Provide basic facts—time, location, parties—but avoid recorded statements until you consult counsel.

6. Track Medical Progress

Maintain a pain journal noting daily limitations and emotional distress. These contemporaneous notes can bolster non-economic damage claims.

When to Seek Legal Help in Florida

Handling negotiations with insurers like GEICO or Progressive can be daunting—especially given Florida’s modified comparative negligence and complex PIP interactions. You should contact an Orlando personal injury lawyer when:

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

• Liability is disputed or multiple parties are involved.

• Evidence must be preserved (vehicle black-box data, surveillance footage).

• The adjuster offers an early, low-ball settlement or requests a broad medical release.

• A wrongful death has left your family with funeral expenses and lost household income.

Louis Law Group’s attorneys are licensed by The Florida Bar and experienced with local courts—from Orange County Circuit Court to the U.S. District Court for the Middle District of Florida. They coordinate medical care, investigate fault, negotiate with insurers, and, if necessary, litigate aggressively. Best of all, personal injury cases are usually handled on a contingency-fee basis—you pay no attorney’s fee unless there is a recovery.

Local Resources & Next Steps

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Obtain crash reports and safety tips: FLHSMV Crash Reports Florida Department of Financial Services (DFS) – Understand PIP and insurance regulations: DFS Auto Insurance Consumer Resources Orange County Bar Association Lawyer Referral Service – Additional attorney referrals or legal aid: OCBA

• Orange County Clerk of Courts – File small-claims under $8,000 or look up case dockets.

Ready for experienced help? If you’ve been injured in Florida, call Louis Law Group at 833-657-4812 for a free case evaluation. The sooner you act, the stronger your claim will be under Florida’s two-year deadline. Disclaimer: This guide provides general information about Florida law and is not legal advice. Every case is different. Consult a licensed Florida attorney to obtain advice about your specific situation.