FAQs

If you’ve been injured in an accident in Florida, you likely have questions about your rights, your options, and what comes next. At Louis Berk Law, our Orlando personal injury attorneys are here to guide you—starting with clear answers to the most common questions we hear from injury victims across the state.

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How much does it cost to hire a delivery truck accident lawyer?

At Louis Berk Law, we handle Amazon and FedEx delivery truck accident cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation for you. Your initial consultation is always free.

How long do I have to file a delivery truck accident lawsuit in Florida?

The statute of limitations is two years from the date of the crash under §95.11. Because the contracts and records needed to establish corporate liability are controlled by the delivery companies, early legal involvement helps preserve that evidence.

How does HB 837 affect my delivery truck accident case?

Under HB 837, if you are found 51% or more at fault, your claim is barred entirely. Insurers frequently argue comparative fault in pedestrian and rear-end delivery crash cases, which makes strong evidence of the driver's actual conduct especially important.

What is the difference between an Amazon DSP driver and an Amazon Flex driver?

DSP drivers work for a contracting company that hires and manages them, driving Amazon-branded vans. Flex drivers use their own personal vehicles and sign up for individual delivery blocks through an app, similar to a rideshare model. The insurance and liability analysis differs between the two.

How much insurance does an Amazon DSP or FedEx contractor carry?

Amazon requires its Delivery Service Partners to carry at least $1,000,000 in commercial liability insurance. FedEx Ground's contracting companies carry their own commercial policies as well. These amounts are often insufficient for catastrophic injury cases, which is why identifying a path to the parent corporation's much larger insurance coverage matters.

Can I sue Amazon or FedEx directly if the driver was an independent contractor?

Possibly. Florida courts apply a control test that looks past the contract label and examines the real relationship between the company and the driver. When Amazon or FedEx exercises significant control over routes, schedules, and performance metrics, courts have allowed vicarious liability claims to proceed against the corporation directly.

How much does it cost to hire a truck accident lawyer?

At Louis Berk Law, we handle 18-wheeler and semi-truck accident cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation for you. Your initial consultation is always free.

How long do I have to file a truck accident lawsuit in Florida?

The statute of limitations is two years from the date of the crash under §95.11. Because truck accident evidence can be lost or destroyed quickly, consulting an attorney as soon as possible after the crash is critical.

How does HB 837 affect my truck accident case?

Under HB 837, if you are found 51% or more at fault, your claim is barred entirely. Trucking companies and their insurers frequently argue comparative fault in blind spot and underride cases, which makes objective evidence like ELD data and dash cam footage especially important.

How do I know if the truck driver violated hours-of-service rules?

Modern commercial trucks use Electronic Logging Devices (ELDs) that automatically record driving time. Our attorneys request this data early in every case, since it can reveal whether a driver exceeded the federal 11-hour driving limit or 14-hour on-duty window at the time of the crash.

How much insurance is a trucking company required to carry?

Under federal law, most commercial trucks hauling general freight must carry at least $750,000 in liability insurance, and trucks hauling certain hazardous materials must carry up to $5,000,000. This is significantly more than the minimal insurance Florida requires for passenger vehicles.

Who can be held liable in a semi-truck accident?

Liability can extend to the truck driver, the trucking company, the cargo loading company, the truck or parts manufacturer, and any maintenance provider involved. Identifying every liable party and applicable insurance policy is essential to maximizing your recovery.

How much does it cost to hire a rollover accident lawyer?

At Louis Berk Law, we handle rollover accident cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation for you. Your initial consultation is always free.

How long do I have to file a rollover accident lawsuit in Florida?

The statute of limitations is two years from the date of the crash under §95.11. If a product liability claim against a vehicle or tire manufacturer may apply, additional deadlines can come into play, so early legal evaluation is important.

How does HB 837 affect my rollover accident case?

Under HB 837, if you are found 51% or more at fault, your claim is barred entirely. Insurers sometimes try to frame a rollover as simple loss of control rather than the result of another driver's negligence, which makes objective evidence like EDR data especially important in these cases.

Can I sue a vehicle manufacturer for a rollover accident?

Possibly. If a vehicle's design unreasonably increased its rollover risk, or if the roof or safety systems failed to adequately protect occupants during a rollover a properly designed vehicle would have made survivable, a product liability claim against the manufacturer may exist alongside any claim against a negligent driver.

Why are rollover accidents so much more dangerous than other crashes?

Rollovers expose occupants to forces from multiple directions in rapid succession, including roof crush and a significantly higher risk of ejection. According to IIHS, rollovers accounted for 20% of car occupant deaths, 33% of SUV occupant deaths, and 38% of pickup occupant deaths in 2024, despite making up only a small percentage of all crashes.

Who is at fault if my vehicle rolled over but no other vehicle hit me?

Fault often still belongs to another driver even without a direct collision. NHTSA data shows that approximately 95% of single-vehicle rollovers are "tripped" by an external cause, meaning a vehicle was forced off the road, cut off, or had to swerve to avoid a hazard someone else created. EDR data, witness statements, and accident reconstruction can establish that another driver's actions set the rollover in motion.

How much does it cost to hire a head-on collision lawyer?

At Louis Berk Law, we handle head-on collision cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation for you. Your initial consultation is always free.

How long do I have to file a head-on collision lawsuit in Florida?

The statute of limitations is two years from the date of the crash under §95.11. Given how often head-on collision victims face extended hospitalization and rehabilitation, consulting an attorney early helps preserve both the evidence and your legal rights.

How much is a head-on collision case worth?

Case values vary widely based on injury severity. Moderate injuries with full recovery may settle in the tens of thousands to low hundreds of thousands of dollars. Catastrophic injuries, including TBI, spinal cord damage, and complex orthopedic trauma, frequently produce settlements well into seven figures, consistent with the severity these crashes typically involve.

How does HB 837 affect my head-on collision case?

Under HB 837, if you are found 51% or more at fault, your claim is barred entirely. Insurers sometimes dispute liability aggressively in head-on cases for exactly this reason. Medical damages are also limited to amounts actually paid, not billed. Objective evidence like EDR data is critical to defeating comparative fault arguments.

What if the head-on collision was caused by a wrong-way driver?

Wrong-way crashes are especially dangerous. Florida Highway Patrol reports that 81% of wrong-way driving fatalities in the state result from head-on collisions, and FDOT data shows 59% of wrong-way crashes involve alcohol. If the wrong-way driver was intoxicated, Florida law removes the cap on punitive damages entirely, which can significantly increase the value of your claim.

Why are head-on collisions so much more dangerous than other crashes?

The force of a head-on collision reflects the combined closing speed of both vehicles, not just one. According to IIHS, frontal impacts accounted for 59% of all passenger vehicle occupant deaths in 2024, more than any other crash type, because the forces involved frequently exceed what a vehicle's crumple zones and safety systems were designed to absorb.

Who is at fault in a head-on collision?

Fault typically falls on the driver who crossed into oncoming traffic, whether through wrong-way driving, drifting across a center line, or an unsafe passing attempt. Establishing exactly which driver left their lane requires evidence like EDR data, police reports, traffic camera footage, and witness statements.

How much does it cost to hire a drunk driving accident lawyer?

At Louis Berk Law, we handle drunk driving accident cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation. Your initial consultation is always free.

What if I was partially at fault for the accident?

Under HB 837's modified comparative negligence rule, your recovery is reduced by your percentage of fault, but barred entirely if you are found more than 50% at fault. This applies even when the other driver was intoxicated, so documenting the full circumstances of the crash still matters.

How long do I have to file a drunk driving accident lawsuit in Florida?

The statute of limitations is two years from the date of the crash under §95.11. This deadline applies regardless of the outcome of any related criminal case.

Can I sue the bar or restaurant that served the drunk driver?

Only in limited circumstances. Florida's dram shop law only allows liability if the establishment willfully served alcohol to someone under 21 or knowingly served someone habitually addicted to alcohol. Serving a visibly intoxicated adult of legal drinking age does not, by itself, create liability under Florida law.

Are punitive damages available in every drunk driving case?

Not automatically. You must meet the evidentiary threshold under §768.72 before a punitive damages claim can proceed, but DUI cases often satisfy this more easily than ordinary negligence claims because the arrest record, BAC results, and field sobriety tests provide direct evidence of reckless conduct. If awarded, punitive damages in DUI cases are not subject to the caps that apply to most other Florida negligence claims.

Can I sue a drunk driver even if they are facing criminal charges?

Yes. A criminal DUI case and a civil personal injury lawsuit are separate proceedings that can move forward at the same time. The criminal case does not need to conclude before you file a civil claim, and a conviction in the criminal case can serve as strong evidence in your civil lawsuit.

How much does it cost to hire a T-bone accident lawyer?

At Louis Berk Law, we handle T-bone accident cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation. Your initial consultation is always free.

What should I do after a T-bone accident at an intersection?

Call 911, seek medical attention, and document the scene with photos. Note the traffic signal color, get witness contact information, and do not give a recorded statement to any insurance company before speaking with an attorney. Contact a T-bone accident lawyer the same day to begin preserving traffic camera footage.

How does HB 837 affect my T-bone accident case?

Under HB 837, if you are found 51% or more at fault, your claim is barred entirely. The insurer will argue you were speeding, entered on a late yellow, or failed to take evasive action. Evidence preservation (traffic cameras, EDR data) is critical to defeating these arguments.

Why are T-bone accidents more dangerous than other crashes?

The side of a vehicle has no crumple zone and minimal structural protection. The occupant is often only 12 inches from the point of impact. This means the force transfers directly into the body, particularly the hip, ribcage, and head on the impact side.

How much is a T-bone accident case worth?

T-bone cases range widely based on injury severity. Minor injuries may settle for $15,000 to $75,000. Moderate injuries (herniated discs, fractures) range from $75,000 to $500,000. Severe injuries (TBI, pelvic fracture, spinal cord damage) can produce settlements well into seven figures, consistent with the catastrophic injury cases our team has handled.

Who is at fault in a T-bone accident?

In most T-bone crashes, the driver who violated the right of way is at fault. This typically means the driver who ran a red light, failed to yield, or made an unsafe left turn. Fault is established through traffic camera footage, EDR data, police reports, and witness testimony.

How much does it cost to hire a rear-end collision lawyer?

At Louis Berk Law, we handle rear-end collision cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation. Your initial consultation is always free.

What is the "minor impact" defense?

It is an insurance tactic arguing that because vehicle damage was small, your injuries must also be minor. Medical research shows this is false: occupants can sustain significant injuries even in low-speed impacts because the human body absorbs forces differently than the vehicle structure. Our attorneys counter this defense with medical evidence and expert testimony.

How does HB 837 affect my rear-end collision case?

HB 837 reduced the statute of limitations to two years and introduced a 51% comparative fault bar. If the insurer argues you were more than 50% at fault (e.g., for braking suddenly), your claim is barred entirely. Medical damages are also limited to amounts actually paid, not billed. These changes make early legal representation critical.

How much is a rear-end collision case worth in Orlando?

Case values range widely. Minor whiplash cases with full recovery may settle for $10,000 to $50,000. Herniated disc cases requiring injections or surgery typically range from $50,000 to $250,000. Rear-end crashes causing TBI or spinal cord injuries can produce settlements well into seven figures, consistent with the catastrophic injury cases our team has handled.

Can I recover compensation if my injuries did not appear immediately?

Yes. Delayed symptoms are common in rear-end collisions, especially whiplash and concussions. Seek medical evaluation within 14 days to preserve your PIP benefits under §627.736. Document all symptoms as they develop. Insurance companies will try to argue that delayed symptoms are unrelated to the crash, but medical evidence can establish the connection.

Is the rear driver always at fault in a rear-end collision?

In most cases, yes. Florida Statute §316.0895 creates a rebuttable presumption that the rear driver is at fault for failing to maintain a safe following distance. However, this presumption can be overcome if the lead driver stopped suddenly for no reason, had non-functioning brake lights, or another vehicle cut in between the cars.

How much does it cost to hire a hit-and-run accident lawyer?

At Louis Berk Law, we handle hit-and-run cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation. Your initial consultation is always free.

What is the Florida Crime Victim Compensation Fund?

It is a state program administered by the Florida Attorney General's Bureau of Victim Compensation that provides financial assistance to victims of crimes, including hit-and-run accidents, with an enhanced award of up to $50,000 available for catastrophic injuries. The claim is filed through the state attorney's office, and our attorneys can handle the filing on your behalf.

Does my insurance rate go up if I file a UM claim after a hit-and-run?

No. Under Florida Statute §626.9541, your insurer cannot raise your rates solely because you filed a UM claim for an accident that was not your fault.

What criminal penalties does a hit-and-run driver face in Florida?

Penalties range from a second-degree misdemeanor (up to 60 days jail) for property damage only, to a first-degree felony (4 to 30 years prison) if the hit-and-run results in death. These are outlined in Florida Statutes §316.027 and §316.062.

How long do I have to file a hit-and-run accident claim in Florida?

For a personal injury lawsuit against an identified driver, the statute of limitations is two years under §95.11. For a UM claim against your own insurer, the deadline is five years (contract action). For the Crime Victim Compensation Fund, applications must generally be filed within one year of the crime, though this can be extended to two years for good cause.

Can I recover compensation if the hit-and-run driver is never found?

Yes. Your PIP coverage, uninsured motorist (UM) coverage, and the Florida Crime Victim Compensation Fund all provide compensation paths even when the at-fault driver is never identified. An experienced attorney can maximize recovery from these sources.

How does HB 837 affect my boating accident case?

Under HB 837's modified comparative negligence rule, your claim is barred entirely if you are found 51% or more at fault. The medical damages evidence rule also limits recoverable medical expenses to amounts actually paid, not billed. These changes make early legal representation and thorough evidence preservation critical.

Does the boat owner share liability even if they were not on the boat?

It depends on who owns the boat. If the owner is an individual, Florida law generally requires that they were present on the vessel at the time of the accident for liability to attach under the dangerous instrumentality doctrine. If the owner is a business, such as a rental or charter company, liability can extend more broadly through the company's agents and employees.

Can I sue a boat rental company for my accident?

Yes, in many cases. Rental companies can be liable for renting to inexperienced or impaired operators, failing to maintain vessels in safe condition, and failing to provide adequate safety instructions and equipment.

What is the deadline to file a boating accident lawsuit in Florida?

For state law claims, the statute of limitations is two years under §95.11. For accidents on federal navigable waters, federal maritime law provides a three-year deadline under 46 U.S.C. §30106. The applicable deadline depends on where the accident occurred.

Do I need boat insurance in Florida?

No. Florida does not require insurance for recreational vessels. This means that if the at-fault operator has no insurance, your recovery may depend on your own UM coverage, a direct lawsuit against the operator, or claims against the boat owner or rental company.

What should I do after a boating accident in Orlando?

Ensure everyone's safety and call 911. Report the accident to the FWC or local law enforcement. Seek medical attention, even if your injuries seem minor. Document the scene with photos and collect witness information. Contact a boating accident attorney before giving any statements to insurance companies.

What is stacked UM coverage?

Stacking allows you to combine the UM limits from multiple vehicles on your policy. If you have $100,000 in UM coverage and three vehicles, stacked coverage gives you $300,000 total. Non-stacked coverage limits you to the amount on the specific vehicle involved in the accident.

What if my insurer denies my UM claim in bad faith?

If your insurer unreasonably denies or underpays your UM claim, Florida law (§624.155) allows you to pursue a bad faith claim for damages beyond your policy limits. This can include consequential damages and attorney fees.

Can I file a UM claim for a hit-and-run accident?

Yes. Under Florida law, a hit-and-run driver is treated as an uninsured motorist. Your UM coverage may apply, provided there was physical contact between vehicles or independent evidence corroborating the incident under §627.727(3)(b).

Will my insurance rates go up if I file a UM claim?

No. Under Florida Statute §626.9541, your insurer cannot raise your rates solely because you filed a UM claim for an accident that was not your fault.

How long do I have to file a UM claim in Florida?

Because a UM claim is a breach-of-contract action against your own insurer, the statute of limitations is five years under §95.11(2)(b). This is longer than the two-year negligence deadline. However, you should file as soon as possible to preserve evidence and begin the process.

Do I have to carry UM coverage in Florida?

No. Florida does not require UM coverage. However, under §627.727, your insurer must offer it. If you did not reject it in writing, you likely already have it. Given that roughly one in five Florida drivers is uninsured, UM coverage is one of the most important protections you can carry.

How much does it cost to hire a spinal cord injury lawyer?

At Louis Berk Law, we handle spinal cord injury cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation. Your initial consultation is always free.

What is a life care plan and why is it important in SCI cases?

A life care plan is a comprehensive, individualized projection of every medical treatment, therapy, equipment replacement, home modification, and support service you will need for the rest of your life. Prepared by a certified life care planner, it is the primary evidence document used to prove future damages in a spinal cord injury case.

Does HB 837 affect spinal cord injury cases in Florida?

Yes. Under HB 837's modified comparative negligence rule, your claim is barred entirely if you are found 51% or more at fault. The medical damages evidence rule also limits recoverable medical expenses to amounts actually paid, not billed. Both changes make early legal representation and thorough documentation critical.

What is the difference between a complete and incomplete spinal cord injury?

A complete spinal cord injury means no motor or sensory function is preserved below the injury site. An incomplete injury means some function remains. Incomplete injuries generally have better recovery potential, but the degree of recovery varies widely and depends on the specific nerves affected.

How long do I have to file a spinal cord injury lawsuit in Florida?

The statute of limitations is two years from the date of injury under §95.11. This deadline applies even if you are still in rehabilitation or the full extent of your injury has not been determined. Consult an attorney as soon as possible to preserve your rights.

What is the average settlement for a spinal cord injury in Florida?

Spinal cord injury settlements in Florida range widely based on severity. Incomplete injuries with partial recovery may settle for $500,000 to $2 million. Paraplegia cases typically range from $2 million to $5 million. Quadriplegia cases frequently produce settlements or verdicts of $5 million or more. NSCISC lifetime cost data provides the baseline for calculating case value.

How much does it cost to hire a brain injury lawyer?

At Louis Berk Law, we handle brain injury cases on a contingency fee basis. You pay nothing upfront, and we collect no fees unless we recover compensation for you. Your initial consultation is always free.

Does Florida's comparative negligence law affect brain injury cases?

Yes. Under HB 837, if you are found 51% or more at fault for the accident that caused your brain injury, your claim is completely barred. Insurance companies aggressively argue comparative fault in TBI cases, particularly in motorcycle and pedestrian accidents. Early legal representation is critical to building the evidence record that counters these arguments.

Can I file a brain injury claim if my CT scan is normal?

Yes. A normal CT scan does not rule out a traumatic brain injury. CT scans detect bleeding and fractures but often miss diffuse axonal injury and other forms of brain damage that cause cognitive impairment. MRI, neuropsychological testing, and clinical evaluation are needed to document the full extent of a TBI.

How long do I have to file a brain injury lawsuit in Florida?

The statute of limitations is two years from the date of injury under §95.11. This deadline applies even if you are still undergoing treatment or rehabilitation. Consult an attorney early to protect your rights while your medical condition is being assessed.

How much is a brain injury case worth in Florida?

TBI case values vary widely based on severity. Mild TBI cases with documented persistent symptoms may settle for $100,000 to $500,000. Moderate TBI cases with permanent cognitive deficits often reach $500,000 to $2 million. Severe TBI cases requiring lifelong care frequently produce settlements or verdicts of $2 million to $10 million or more.

What are the signs of a traumatic brain injury after an accident?

The most common signs include headaches, dizziness, confusion, memory problems, difficulty concentrating, mood changes, sensitivity to light or noise, and sleep disruption. Symptoms of mild TBI can develop gradually over days or weeks. Seek medical evaluation after any accident involving head impact, even if you feel fine initially.

Can I afford a catastrophic injury lawyer?

At Louis Berk Law, we handle catastrophic injury cases on a contingency fee basis. You pay nothing up front, and we collect no fees unless we recover compensation for you. Your initial consultation is always free.

What is a life care plan, and why does it matter?

A life care plan is a comprehensive projection of the medical treatment, equipment, home modifications, and support services a catastrophic injury victim will need for the rest of their life. Prepared by a certified life care planner, it becomes the primary evidence for proving future damages in a catastrophic injury case.

Does HB 837 affect catastrophic injury cases?

Yes. The modified comparative negligence rule means your claim is barred entirely if you are found 51% or more at fault. The medical damages evidence rule limits recoverable medical expenses to amounts actually paid, not amounts billed. Both changes make early legal representation and thorough documentation more important than ever.

How long do I have to file a catastrophic injury lawsuit in Florida?

The statute of limitations is two years from the date of injury under §95.11. This deadline applies regardless of how severe the injuries are. Consulting an attorney early is critical, especially when the victim is hospitalized or in long-term rehabilitation.

How much is a catastrophic injury case worth in Florida?

Catastrophic injury cases in Florida frequently result in settlements or verdicts ranging from $1 million to $10 million or more, depending on the severity of the injury, the victim's age and earning capacity, and the strength of the evidence. A life care plan documenting future medical costs is essential to proving the full value.

What qualifies as a catastrophic injury under Florida law?

Florida Statute §960.03(1) defines catastrophic injuries as those resulting in permanent, severe impairment, including spinal cord injuries causing paralysis, traumatic brain injuries with permanent cognitive effects, amputations, and severe burns. The key distinction is permanence: the injury substantially limits the victim's ability to live and work independently.

Can I report nursing home abuse anonymously in Florida?

Yes. Reports to the Florida Abuse Hotline (1-800-96-ABUSE) are confidential, and you are immunized from liability for good-faith reporting under Florida law. Reporting triggers an Adult Protective Services investigation.

How much does it cost to hire a nursing home abuse lawyer?

At Louis Berk Law, there is no upfront cost. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. Your initial consultation is always free.

What damages can I recover in a Florida nursing home abuse case?

You may recover medical expenses, pain and suffering, loss of dignity, punitive damages for intentional misconduct, and attorney fees under §415.1111. If the abuse caused death, wrongful death damages are also available.

Can I sue a nursing home even if my loved one signed an arbitration clause?

Possibly. Florida courts have invalidated nursing home arbitration clauses when the resident lacked mental capacity or when the signer did not have legal authority to bind the resident. Bring the complete admission packet to your attorney for evaluation.

Can I refuse to sign the arbitration clause when I admit my loved one?

Yes. Federal CMS rules prohibit nursing homes from requiring arbitration as a condition of admission, so you can ask to have the clause removed from the admission packet before you sign.

How long do I have to file a nursing home abuse lawsuit in Florida?

The statute of limitations is two years from when the abuse occurred under §400.0236. If the abuse was concealed, you have two years from the date you discovered it, but no more than four years from the date of injury.

How do I know if my loved one is being abused in a nursing home?

The most common signs include unexplained injuries, bedsores, sudden weight loss, behavioral changes like withdrawal or fear around staff, and unsanitary living conditions. Visit at different times, including unannounced, and speak with your loved one privately away from staff.

How Long Does a Slip and Fall Lawsuit Take?

Most slip and fall lawsuits in Florida resolve within 6 to 24 months. Cases that settle during the claim phase or at mediation resolve faster. Cases that go through full discovery and trial often take two years or longer. Factors that affect timeline include injury severity, the number of defendants, and whether the insurer negotiates in good faith.

What Evidence Do I Need for a Slip and Fall Lawsuit?

The strongest evidence includes photographs or video of the hazard, the incident report filed with the property owner, surveillance footage from the property, medical records documenting your injuries, witness statements, and the property owner's maintenance and inspection logs. Your attorney obtains maintenance records and surveillance footage through preservation letters and, if necessary, subpoenas during discovery.

Can I Sue if I Was Partially at Fault for My Fall?

Yes, but only if your share of fault is 50% or less. Under Florida's modified comparative negligence rule (HB 837), you are barred from recovering any compensation if a jury finds you more than 50% responsible. If your fault is at or below 50%, your compensation is reduced by your percentage of fault.

How Much Is a Slip and Fall Lawsuit Worth?

Slip and fall lawsuit values in Florida range widely based on injury severity, medical costs, lost income, and the strength of the evidence. Industry-reported data suggests minor soft-tissue injuries with short recovery often settle in the $15,000 to $50,000 range, while serious injuries requiring surgery, such as fractures, herniated discs, or traumatic brain injuries, often result in settlements or verdicts of $100,000 to $1 million or more. There is no fixed average because every case depends on its specific facts.

How Long Do I Have to File a Slip and Fall Lawsuit in Florida?

You have two years from the date of your fall to file a slip and fall lawsuit in Florida under §95.11, as amended by HB 837 in 2023. The previous four-year deadline no longer applies to falls that occurred after March 24, 2023.

Do I Need a Lawyer to File a Premises Liability Claim?

Florida law does not require you to have a lawyer, but premises liability cases involve complex evidence requirements that are difficult to manage without legal experience. You need to prove the property owner's knowledge of the hazard, establish constructive knowledge through maintenance records and inspection logs, and counter comparative fault arguments that adjusters now use aggressively under HB 837. Most premises liability attorneys, including our firm, work on contingency. You pay nothing unless compensation is recovered for you.

How Long Does a Premises Liability Claim Take to Resolve?

Most premises liability claims in Florida resolve within 6 to 18 months. Cases that go to trial take two years or longer. The timeline depends on injury severity, the number of liable parties, the complexity of the evidence, and whether the insurance company negotiates in good faith or forces litigation.

What Is the Difference Between a Premises Liability Claim and a Lawsuit?

A premises liability claim is a demand for compensation filed with the property owner's insurance company. A premises liability lawsuit is a formal legal action filed in court when insurance negotiations fail to produce a fair settlement. Most cases begin as claims and only become lawsuits when the insurer refuses to offer reasonable compensation.

Can I File a Premises Liability Claim If I Was Partially at Fault?

Yes, but only if your share of fault is 50% or less. Under Florida's modified comparative negligence rule established by HB 837, you are completely barred from recovering compensation if a jury finds you more than 50% responsible for your injury. If your fault is at or below 50%, your compensation is reduced by your percentage of fault.

What Is the Deadline to File a Premises Liability Claim in Florida?

You have two years from the date of your injury to file a premises liability lawsuit in Florida under §95.11, as amended by HB 837 in 2023. The previous four-year deadline no longer applies to injuries that occurred after March 24, 2023. If your injury predates that cutoff, the four-year deadline sometimes still applies.

Does HB 837 affect wrongful death cases?

Yes. If the deceased was 51% or more at fault, the claim is barred. Medical damages evidence is limited to amounts paid. But the statute of limitations was not changed.

Is a wrongful death settlement split equally among family members?

No. Distribution is based on each survivor's individual losses under §768.21, not split equally.

Can adult children receive compensation?

It depends. Without a surviving spouse, yes. With a surviving spouse, recovery is limited. In medical malpractice cases, adult children are barred from non-economic damages under §768.21(8).