The Two-Year Deadline: Florida's Statute of Limitations
Florida law gives you two years from the date of an accident to file a personal injury lawsuit. That clock does not pause while you heal, while you negotiate, or while the insurance company stalls — and after it runs, the courthouse door closes for good, no matter how strong your case. The deadline is why experienced Orlando lawyers tell clients the same thing: call early, not on the eve of the deadline. Evidence matters too — skid marks disappear, witnesses move or forget, surveillance video gets overwritten, and medical records need time to be gathered and organized.
The two-year limit applies to car accidents, truck accidents, motorcycle wrecks, slip-and-fall and premises cases, and most other negligence claims in Florida. Special rules apply to claims against government entities — shorter deadlines and notice requirements that catch people off guard — and to cases involving minors. Only a lawyer can tell you exactly which deadline applies to your situation, and the consultation is free. The one thing you cannot do is assume the insurance company's timeline is the legal one; it is not.
Florida No-Fault and PIP: What $10,000 Actually Covers
Florida is a no-fault state: every driver must carry $10,000 of Personal Injury Protection (PIP), and after a crash your own PIP pays first — 80 percent of your medical bills and 60 percent of lost wages — regardless of who caused the accident. That sounds simple, but the strings matter. Florida law requires you to see a doctor within 14 days of the crash or PIP can deny your benefits entirely, which is why the first advice after any accident is medical care, immediately. PIP also does not pay for pain and suffering, and $10,000 disappears fast when an ambulance, an ER visit, and a few follow-ups are involved.
To recover beyond PIP — your full medical bills, lost income, and pain and suffering — you must show a serious injury under Florida's threshold: significant and permanent loss of a bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring, or death. That is where a lawyer earns their fee, because insurance adjusters routinely argue your injury does not meet the threshold. And one more Florida reality: the state does not require drivers to carry bodily injury coverage, so a surprising share of at-fault drivers have little or no insurance. Uninsured and underinsured motorist coverage on your own policy is the backstop, and your lawyer will check every available policy — including umbrella and commercial coverage — before settling anything.
SB 837: How Florida Tort Reform Changed Injury Claims
Florida's 2023 tort-reform law, SB 837, changed the rules of the game for injury cases. The most important change: Florida abandoned its old pure-comparative-fault rule, under which an injured person could recover even if they were mostly at fault. Under the new modified standard, if you are found more than 50 percent at fault for your own accident, you recover nothing; if you are 50 percent or less at fault, your recovery is reduced by your percentage of fault. Fault now matters more than ever, which means the accident investigation — who ran the light, who changed lanes, who was speeding — is the foundation of the case.
SB 837 also tightened the rules on insurer bad-faith claims and changed how attorney fees and certain damages are handled, with the stated goal of lowering insurance rates. For an injured person the practical effect is simple: cases are harder to push to trial and quicker to value, so the quality of the evidence gathered in the first weeks — police reports, photos, witness statements, medical documentation — decides the outcome more than ever. That is why you want a lawyer involved before you talk to the other side's adjuster, not after you have already given a recorded statement that hurts your claim.
What an Orlando Case Is Worth — and What It Costs to Hire a Lawyer
Case value in Central Florida is a function of five things: your medical bills and future treatment needs, lost wages and lost earning capacity, the permanency of your injuries, how the fault splits under Florida's comparative-fault rules, and the insurance limits available. Minor soft-tissue cases with a few thousand in bills often settle in the thousands to the tens of thousands; cases involving surgery, permanency, or a commercial policy can settle for six or seven figures. Truck accidents are a category of their own — federal safety regulations, multiple policies, and severe injuries make them the highest-value cases an Orlando firm handles.
Cost should never stop you from calling. Orlando personal injury lawyers work on contingency: no upfront fee, and the lawyer is paid a percentage of what you recover — typically 33.3 percent if the case settles before a lawsuit is filed and up to 40 percent if it goes to litigation. If you recover nothing, you owe no attorney fee, and case costs are advanced by the firm and deducted at the end. That structure means the lawyer only gets paid if you get paid, which aligns the incentives exactly where you want them.
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Get a Free Case ReviewFrequently Asked Questions
How long do I have to file a personal injury lawsuit in Florida?
Florida gives you two years from the date of the accident to file a personal injury lawsuit — the statute of limitations under Florida law. Waiting too long can destroy a case even when liability is clear: evidence disappears, witnesses move, and the deadline is a hard bar. Call a lawyer as soon as you are stable, not on the eve of the deadline.
What is PIP and how does Florida no-fault insurance work?
Florida requires every driver to carry $10,000 of Personal Injury Protection (PIP), which pays 80 percent of your medical bills and 60 percent of lost wages after a crash regardless of who was at fault — but it does not pay for pain and suffering. To step outside no-fault and claim against the at-fault driver, you must show a serious injury under Florida's threshold.
How much does a personal injury lawyer cost in Orlando?
Orlando personal injury lawyers work on contingency: you pay nothing upfront, and the lawyer's fee comes out of the settlement or verdict — typically 33.3 percent if the case settles before a lawsuit is filed and up to 40 percent if it goes to litigation. If you recover nothing, you owe no attorney fee. Case costs are usually advanced and deducted at the end.
What is my Orlando accident case worth?
Value depends on your medical bills and future treatment, lost wages and earning capacity, how permanent your injuries are, how the fault splits between the parties, and the at-fault driver's insurance limits. Minor soft-tissue cases often settle in the thousands to tens of thousands; cases with surgery, permanency, or commercial policies settle for far more. A free case review gives you a realistic range.
What should I do right after a car accident in Orlando?
Get medical help and see a doctor within 14 days — Florida's PIP coverage is denied if you wait longer. Call the police, photograph the scene and your injuries, exchange information but do not admit fault, and report the crash to your insurer. Before you give a recorded statement to the at-fault driver's insurance company, talk to a lawyer.