When someone else’s negligence throws your life off course, it’s not just the injury you’re left to deal with—it’s the medical bills, the lost work, the stress, and the sense that your life’s no longer in your control. But here’s the bottom line: you can take that control back. Filing a personal injury claim isn’t about pushing papers—it’s how you stand up for yourself and get what you’re rightfully owed.Whether you were hurt in a car crash, slipped on a wet floor, or suffered any other avoidable injury in Florida, this guide gives you the straight facts. And if you’re looking for personalized help from day one, our Orlando personal injury attorneys are here to guide you through every step. We’ll walk you through exactly what to do, how to avoid costly missteps, and how to build a strong case from day one.Let’s get into it.
What Does It Mean to File a Personal Injury Claim?
Wondering what it means to file a claimfor personal injury? It means you're taking formal legal action to demand compensation from the person (or company) responsible for your injuries. And in Florida, the clock is ticking—victims typically have just two years to act under Florida Statutes § 95.11.Here's what you're claiming:
- Medical costs — including future treatment (yes, Florida law allows that)
- Lost income — wages you’ve missed and your reduced earning potential
- Pain and suffering — the invisible weight no one sees but you carry every day
- Property damage — like a totaled vehicle or damaged gear
💡 According to Florida Highway Safety and Motor Vehicles (FLHSMV), there were over 394,000 crashes in 2023, many resulting in serious injuries and eventual legal action.
Claiming Personal Injury in Florida: What You Need to Know
Claiming personal injury in Florida isn’t just about telling your side of the story—it’s about building a rock-solid legal case. To win, you (or your attorney) must prove:
- Fault – someone acted negligently
- Causation – that negligence caused your injury
- Damages – you suffered measurable losses
If your injury came from a car crash, Florida’s no-fault rules kick in. You’re required to first file a personal injury protection claim with your insurer, regardless of who caused the accident.⏱️ Important: You must get medical care within 14 days of the crash to qualify for PIP benefits. Wait too long, and you could lose access to thousands in compensation.
Types of Personal Injury Claims (From Bodily Injury to Car Accidents)
Let’s get specific. Personal injury claims in Florida aren’t one-size-fits-all. Each type has different legal standards and payout options. Here’s a breakdown of the most common ones:
1. Bodily Injury Claim
A bodily injury claim applies when someone else’s negligence physically harms you. This is common in slip and fall accidents, unsafe premises, or car crashes.📍Real Example: A shopper in Miami slips on an unmarked wet floor, suffers a fractured hip, and files against the store owner.What happens when someone files a bodily injury claim? You’ll need to show:
- The defendant had a duty of care
- They breached that duty
- Their breach directly caused your injuries
According to the Florida Department of Health, falls are among the leading causes of non-fatal injuries in Florida, especially among older adults.
2. Personal Injury Protection (PIP) Claim
In crashes caused by distracted driving, speeding, or running red lights, you may file an auto accident injury claim. As outlined in Florida Statutes § 627.736, PIP covers:
- 80% of reasonable medical expenses
- 60% of lost wages
- $10,000 in PIP
- $10,000 in Property Damage Liability (PDL)
📊 FLHSMV reports show distracted driving caused over 53,000 crashes in 2023 alone.
3. Auto Accident Injury Claim
Not in a car? You still have rights. A traffic accident injury claim covers pedestrians, cyclists, scooter riders, and public transit passengers, especially crucial in a state with one of the highest pedestrian injury rates in the country.📍Example: A cyclist in St. Pete is hit by a turning rideshare vehicle. They may file against the driver—and potentially the rideshare company, depending on the case facts.
4. Traffic Accident Injury Claim
This is the most frequently filed car accident injury claim. If your injuries meet Florida’s “serious injury” threshold under §627.737, you may be entitled to compensation beyond PIP, such as:
- Pain and suffering
- Permanent disability
- Emotional distress
Florida is one of the most dangerous states for pedestrians. If you were hit while walking or crossing the street, our pedestrian accident attorneys can help protect your rights and hold the driver accountable.📝 Tip: Document everything—medical visits, pain levels, time missed from work. It’s all evidence.
5. 3rd Party Personal Injury Claim
Sometimes, the responsible party isn’t a driver or business—it’s a third party, like a contractor, manufacturer, or equipment supplier. In these cases, you may need to file a 3rd party personal injury claim in addition to other actions.📍Example: A construction worker is injured by a defective ladder. He receives workers' comp, but also sues the ladder manufacturer for product liability.Common 3rd party scenarios:
- Construction site negligence
- Faulty equipment or products
- Security lapses in commercial spaces
Personal Injury Claims Process: Step-by-Step Roadmap to Compensation
When someone’s careless actions leave you injured, confused, and swimming in bills, there’s one thing you need: a plan that works. Filing a personal injury claim in Florida isn’t just paperwork—it’s about making the system work for you. And the truth is, every step matters. Skip one, and you risk walking away with less than you deserve—or worse, nothing at all.This guide walks you through the personal injury claims process, using real examples and legal best practices so you can protect your rights and fight for fair compensation, whether you’re dealing with a car crash, slip and fall, or any other accident caused by someone else’s negligence.
✅ Step 1: Get Medical Attention—Immediately
Your health comes first, but in Florida, it also determines your right to collect benefits. Under the no-fault system, you must seek medical treatment within 14 days of the accident to qualify for a personal injury protection claim (PIP).📍 Example: A Tampa driver injured in a rear-end crash waits 16 days before seeing a doctor. Their PIP insurer denies coverage, even though their injuries are legitimate. Don’t let a missed deadline cost you everything.To unlock full PIP benefits (up to $10,000), a licensed provider must diagnose you with an emergency medical condition (EMC). Qualified professionals include MDs, chiropractors, dentists, or providers referred by them. No EMC? You could be capped at just $2,500.
✅ Step 2: Lock Down the Evidence—Fast
The truth doesn’t speak for itself—you need to document it. Without proof, even a solid personal injury claim can fall apart.Here’s what you should collect from the start:
- Crash or incident reports
- Medical records from all treatment providers
- Photos of the scene, injuries, and property damage
- Witness names and contact info
- Copies of all insurance communications
📍 Example: A Jacksonville shopper slips on a wet floor. Thanks to store surveillance footage and a written incident report, their attorney proves negligence—even after the store denies wrongdoing.Tip: Keep everything organized. Disorganized records are a major reason why claims get denied or undervalued.
✅ Step 3: Notify Insurance—But Be Strategic
In Florida, you’re legally required to notify all relevant insurers promptly, whether it’s your PIP carrier or the at-fault party’s liability insurer. But here’s the trap: saying too much can hurt your claim.📍 Cautionary Tale: A Boca Raton driver casually tells the insurer they “didn’t see the other car”, and their statement gets twisted into admitting fault.Keep it simple. Report the incident factually and consult a lawyer before giving detailed statements. According to Florida Statute § 627.736(4)(b), valid PIP claims must be paid within 30 days of receiving proper documentation.
✅ Step 4: Call a Florida Personal Injury Attorney (Yes, Now)
If your injuries are serious, permanent, or you're getting lowballed, stop handling it alone. A skilled attorney isn't a luxury—they're your leverage.The Florida Bar recommends hiring a lawyer when:
- Your injuries are long-term or disabling
- The insurer disputes fault or delays payments
- You're being pressured into a low settlement
📍 Example: A motorcyclist in Broward County receives a $12,000 offer. After hiring a personal injury attorney, the final settlement hits $285,000, covering treatment, lost wages, and pain and suffering.
✅ Step 5: File the Claim Before the Clock Runs Out
Under Florida Statutes § 95.11(4)(a), you have two years from the date of injury to file a lawsuit. Miss it, and your right to sue is gone—no exceptions. Insurance claims, especially under PIP, should be filed much sooner.Bottom line: Act fast. Even if you’re still receiving treatment, starting early builds your case while the evidence is fresh.
✅ Step 6: Negotiate or Litigate
Once your personal injury claim is filed, your attorney negotiates with the insurance company. Most cases settle, but if the offer is unfair, litigation is the next step.Negotiation tools include:
- Demand letters
- Mediation
- Depositions
- Trial preparation
📍 Example: In Clearwater, a trucking case settles for $310,000 after expert medical testimony at trial—up from an initial $40,000 offer.If settlement talks stall or the insurer won’t budge, your next step may be a lawsuit. To better understand that process, check out our Personal Injury Lawsuit Guide, where we break down timelines, court expectations, and how to prepare for trial.
How Long Does a Personal Injury Claim Take in Florida?
There’s no one-size-fits-all answer. But here’s a general timeline based on the type of case:Case TypeEstimated TimeframeClear Liability + Minor Injuries3–6 monthsModerate Injury or Disputed Fault6–12+ monthsFull Litigation (Trial)12–24+ monthsMost claims settle before trial, but knowing how settlements are negotiated and calculated is crucial. Our Personal Injury Settlement Guide walks you through real examples, payout structures, and tips to maximize your compensation.
Thinking of Handling It Alone? Here's How to File a Personal Injury Claim Without a Lawyer
Yes, you can file your claim in Florida. But that doesn’t mean you should. Representing yourself is risky, and Florida’s injury laws are designed with insurance companies in mind, not victims.Common mistakes made by self-represented claimants:
- Missing deadlines
- Failing to prove medical causation
- Underestimating future costs
- Accepting lowball offers
Why It’s Risky: The Pitfalls of Going Pro Se
Florida’s courts allow pro se litigants (those who represent themselves), but the rules of evidence, procedure, and case valuation still apply. According to the Florida Bar’s consumer guide on personal injury, many self-represented claimants:
- Missed statutory deadlines
- Fail to prove medical causation
- Underestimate future medical needs
- Overlook non-economic damages like pain and suffering
- Accept lowball settlement offers due to a lack of negotiation leverage
📍 Example: A car accident victim in Orange County filed their own PIP claim but failed to provide documentation from a qualifying medical provider within 14 days. Under Florida Statutes § 627.736(1)(a), their claim was denied outright, despite valid injuries.
What Filing Without a Lawyer Actually Involves
If you’re still considering filing your personal injury claim, here’s what you’re responsible for:1. Understanding Florida’s Insurance Structure: You must know when PIP applies, how to access coverage, and when you’re allowed to step outside the no-fault system and pursue a liability claim. MyFloridaCFO provides consumer guides on PIP and auto coverage.2. Collecting & Preserving Evidence: You’ll need medical records, crash reports (get them here), witness contact info, and photographic evidence to build your claim3. Determining Damages: You’ll need to calculate:
- Medical expenses (past & future)
- Lost income
- Property damage
- Pain and suffering (non-economic damages)
- Misjudging this can leave thousands on the table—or worse, get your claim dismissed for lack of substantiation
4. Communicating with Insurance Companies: This includes submitting a demand letter, responding to adjusters, and reviewing settlement offers. Insurers know you're unrepresented—and they act accordingly.5. Filing a Lawsuit (if settlement fails): You must file the proper complaint, serve the defendant, and comply with all court rules of civil procedure. See the Florida Courts Self-Help Center for pro se guidance—but be warned: it’s designed for basic cases, not complex injury claims.
Exaggerated Personal Injury Claims: Don’t Play with the Facts
When it comes to filing a claim for personal injury, honesty isn’t optional—it’s the foundation of your entire case. In Florida, trying to stretch the truth in your claim doesn’t just backfire—it can land you behind bars. Under Florida Statutes § 817.234, submitting false or misleading information in a personal injury protection claim is a felony. We're not talking about a slap on the wrist—this is a real criminal charge that can derail your future and destroy your credibility.
What the Law Actually Says
Florida law casts a wide net when it comes to insurance fraud. It's not just about faking an injury—any misrepresentation in an injury claim from car accident or other incident can qualify. That includes:
- Inflating pain or symptoms
- Submitting fake or tampered medical bills
- Faking or staging a crash
- Claiming an injury that never happened
If caught, you could face:
- Up to 5 years in prison (third-degree felony)
- $5,000 in fines
- Long-term consequences of any future personal injury claims
📍 Real Case Example: In 2022, Florida’s Division of Insurance Fraud arrested several individuals in Miami-Dade for staging car accidents and submitting fake chiropractic records. Their fraudulent auto accident injury claim scheme unraveled quickly, leading to felony charges and public exposure.
Loss of Consortium & Emotional Impact
Not all damage is visible on an X-ray. When a serious accident tears through a marriage or long-term relationship, the emotional fallout can be devastating. That’s where a loss of consortium claim comes in—an often-overlooked yet vital part of the personal injury claims process.
What Is Loss of Consortium?
It’s the legal term for losing the emotional, physical, and relational support your spouse or partner used to provide. We’re talking about:
- Affection and companionship
- Emotional support
- Sexual intimacy
- Shared responsibilities at home
Florida law allows the non-injured spouse to file a derivative claim, but only in legally recognized marriages. Long-term unmarried couples, no matter how committed, are out of luck here.
What Must Be Proven?
Loss of consortium isn't handed out lightly. You must show:
- A valid marriage at the time of the injury
- That your partner’s injury was caused by someone else's negligence
- That your relationship has been substantially impaired
- Clear proof: expert reports, testimony, medical records, or counseling notes
Just saying “things have changed” isn’t enough—you need to prove real-life impact.
Example Scenario
Imagine a couple from Orlando involved in a motorcycle crash. The husband suffers from spinal damage and partial paralysis. While his bodily injury claim covers his direct damages, his wife files for loss of consortium, outlining:
- Loss of intimacy
- Emotional trauma
- Added stress from new caregiving duties
- Disconnection in communication and companionship
The court considers testimonies from spouses, therapists, and even family members to determine the emotional toll. In tragic cases where a loved one loses their life due to someone else’s negligence, our Orlando wrongful death attorneys help families seek justice and financial closure.
Accident Claim Advice You Can Trust from Real Legal Experts
Filing a claim in Florida isn’t just about learning what it means to file a claim—it’s about knowing what not to do. Following cookie-cutter advice from national websites can ruin your case. Florida law is unique: strict timelines, no-fault insurance quirks, and tough insurers mean you need a Florida-specific strategy, not one-size-fits-all nonsense.
Critical Florida Claim Deadlines
- 14 days to seek treatment after a car crash for PIP coverage
- 2 years to file most personal injury claims under § 95.11
Miss either deadline, and your case can collapse before it even begins.
Don’t Fall for the DIY Trap
Thinking of trying (how to file a personal injury claim without a lawyer)?Be careful.Without expert legal guidance, most victims:
- Settle for less than half of what they’re owed
- Miss hidden damages like future lost earnings or therapy costs
- Accept unfair blame from insurers trained to minimize payouts
Example: A Hillsborough County crash victim used an online calculator and settled for $25,000. With the right legal help, their case could have reached over $250,000, factoring in non-economic damages and future treatment.
Louis Berk Law’s Takeaway: Truth, Strategy, and Real Results
A legitimate personal injury claim stands on clear facts, documented evidence, and expert strategy. Don't sabotage your future with exaggerated personal injury claims; the cost is too high, and the legal system in Florida won't go easy on you.If you’ve been injured, start by documenting the facts, getting medical attention, and speaking with a qualified attorney who knows this state's laws inside and out. Because knowing how long a personal injury claim takes isn’t as important as doing it right from day one.📞 Need help?Contact us today for a free consultation. We’ll listen, we’ll investigate, and we’ll build a real plan based on your life, not on legal shortcuts.
Frequently Asked Questions About Filing a Personal Injury Claim
What is a personal injury claim?
A personal injury claim is a legal action you file to seek compensation for injuries caused by someone else’s negligence. This includes medical expenses, lost income, pain and suffering, and property damage.
¿Cuánto tiempo tengo para presentar una demanda por lesiones personales en Florida?
Under Florida Statutes § 95.11, you generally have two years from the date of the injury to file a lawsuit. For auto accident claims involving PIP, you must seek medical care within 14 days of the accident to qualify for benefits.
Do I need a lawyer to file a personal injury claim in Florida?
While it's legally possible to file without an attorney, it's risky. Florida’s insurance laws are complex, and self-represented claimants often miss deadlines, accept low offers, or fail to prove their damages. A qualified personal injury lawyer can significantly improve your outcome.
What types of personal injury claims can I file?
Common types include: Bodily injury claims (e.g. slips and falls) Auto accident injury claims PIP (Personal Injury Protection) claims Third-party liability claims (e.g. product defects or construction site negligence) Loss of consortium (filed by a spouse)
How do I start the personal injury claim process?
You should: Seek immediate medical attention. Document the incident (photos, witness info, police reports). Notify insurers, but avoid giving detailed statements without a lawyer. Contact a personal injury attorney to begin the formal claims process.
Can I still file a claim if I was partially at fault?
Yes. Florida follows a modified comparative negligence rule. You can recover compensation as long as you're not more than 50% at fault, but your payout will be reduced based on your share of the blame.
What if I exaggerate or lie in my personal injury claim?
Don’t. Submitting false or misleading information is a felony under Florida Statutes § 817.234. You could face criminal charges, fines, and destroy your credibility—even in legitimate future claims.
How are personal injury claims paid out?
Once resolved, your compensation may come as a lump sum or a structured settlement. Your lawyer can help you decide what best fits your medical, financial, and long-term needs.
What is a loss of consortium claim?
This is a claim filed by a spouse of the injured person for emotional, physical, and relational losses caused by the injury. It’s only available in legally recognized marriages and must show a significant impact on the relationship.
