What Counts as a Personal Injury Claim in Florida?
Personal injury law covers harm caused by someone else's carelessness or wrongdoing, such as car crashes, falls on unsafe property, dog bites, and defective products. Not every accident leads to a valid claim; how the injury happened usually determines whether compensation is available. Car crashes also follow different rules: Florida's no-fault system means your own PIP coverage generally pays first, while a fall at a store is a claim against the property owner.
Types of Personal Injury Cases Orellana Law Handles
Each type of case carries its own mix of insurance rules, evidence needs, and timelines, so it helps to know which category your situation fits.
- Car accidents, including rear-end, head-on, and multi-vehicle collisions
- Trucking accidents involving commercial trucks, tractor-trailers, and delivery vehicles
- Rideshare accidents involving Uber or Lyft, whether you were a passenger, another driver, or a pedestrian
- Slip and fall accidents on wet floors, uneven surfaces, or poorly maintained property
- Premises liability claims involving unsafe conditions on someone else's property
- Negligent security situations where inadequate safety measures contributed to an assault or injury
- Dog bite injuries and other animal-related incidents
- Defective product injuries caused by unsafe consumer goods
- Catastrophic injuries that result in long-term or life-altering harm
- Wrongful death claims brought on behalf of surviving family members
How Florida's Comparative Fault Rules Can Affect Your Claim
Florida uses modified comparative negligence. Your recovery is reduced by your share of fault, and if you're found more than 50% at fault, you can't recover damages at all. Fla. Stat. § 768.81(6) (2026). Insurers often assign blame to the injured person early, sometimes on incomplete information, so photos, witness statements, and official reports matter from the start.
What to Do After an Injury Accident
What you do in the first hours and weeks after an accident can affect both your recovery and your claim. Our guide on what to do after an injury accident covers the steps to take immediately, the rules that apply after a car accident, and the records to keep as treatment continues.
Florida Deadlines for Injury Claims
For most negligence claims arising after March 24, 2023, a lawsuit must be filed within two years of the injury, down from four years under prior law. Fla. Stat. § 95.11. Wrongful death claims also have a two-year deadline. Claims against government entities carry additional presuit notice requirements. Missing a deadline can bar recovery no matter how strong the facts are.

Who Pays for Your Injuries?
Compensation may come from the at-fault party's liability insurance, a property owner's or business's policy, a product manufacturer, or your own coverage, such as personal injury protection (PIP) or uninsured/underinsured motorist (UM) coverage. In most car crashes, PIP pays initial medical costs regardless of fault. You can pursue the at-fault driver for pain and suffering only if your injury meets Florida's permanent injury threshold. Have any settlement offer reviewed before you accept it.
Evidence and Documentation in a Florida Injury Claim
Insurers rely heavily on documentation to decide how much a claim is worth. Our guide on evidence and documentation in an injury claim lists what to keep from the first day and explains why consistency matters if the insurer later disputes your injuries.
How Long Does a Personal Injury Claim Take in Florida?
Some claims resolve in a matter of months; others take considerably longer depending on treatment, fault disputes, and whether the case proceeds to litigation. Our guide on how long a personal injury claim takes covers the general phases, from investigation and documentation through demand, negotiation, and, if needed, litigation.
Mistakes to Avoid After Being Injured in Florida
Certain missteps weaken an otherwise solid claim. Our guide on mistakes to avoid after being injured covers the 14-day PIP treatment window, recorded statements, medical authorizations, social media posts, early settlement offers, and filing deadlines.
Serving all of Florida
Personal Injury Representation in Miami-Dade County and Across Florida
Orellana Law is based in Miami and represents injured people in all 67 Florida counties. You can meet with the firm in person at the Miami office or by phone or video. Contact the firm to discuss your claim.


