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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 long do I have to file an injury claim in Florida?

Florida gives you two years to file a negligence claim under §95.11(5)(a) for causes of action accruing after March 24, 2023. Insurance notice deadlines are often shorter, so report the incident right away.

Does renters insurance cover dog bites in Florida?

Often yes. Florida makes the owner liable for a bite under §767.04 regardless of the dog's history, and renters liability coverage usually responds, unless the policy excludes the dog's breed.

Is renters insurance required in Florida?

No. Florida law does not require tenants to carry renters insurance, although landlords often require it as a condition of the lease.

Does my landlord's insurance cover my injury in my apartment?

Only when the landlord was legally at fault, such as failing to repair a broken stair or railing. The landlord's liability insurer pays covered damages in this case, and a lease clause cannot waive the landlord's liability under §83.47.

What is the difference between personal injury and bodily injury on a renters policy?

Bodily injury means physical harm to another person, while personal injury in insurance language means non-physical harm such as libel, slander, and invasion of privacy. Personal injury coverage is often an optional endorsement with lower limits.

Does renters insurance pay for my own injuries?

No. The liability and medical payments coverages protect other people, so your own injuries go through your health insurance, the landlord's liability insurance if the landlord was at fault, or another responsible party's insurance.

Does renters insurance cover injuries to my guests?

Yes. Personal liability coverage defends you and pays covered damages up to your limit when a guest is hurt because of your negligence, and medical payments coverage pays small medical bills regardless of fault.

What evidence proves a negligent security claim?

Police reports, prior incident records, tenant complaints, surveillance video, maintenance and lighting logs, and security vendor contracts all matter. We send preservation demands quickly because video and records are lost on a set schedule.

How much is a negligent security case worth?

The value depends on the severity of the injuries, the cost of medical care, lost income, and the strength of the proof against the owner. Our negligent security results range from $350,000 to $2,100,000, and past results do not guarantee a similar outcome.

What if the attacker was never caught?

A claim against the property owner does not require an arrest or conviction. The defense still asks the jury to assign fault to the unidentified attacker, so the case rests on proving the owner's own failures.

Does the criminal's fault reduce what I recover?

Yes. Under §768.0701, the jury must consider the fault of all persons who contributed to the injury, including the criminal, and the owner pays only its own percentage of fault. This makes proof of the owner's security failures central to the recovery.

What is Florida's security presumption for apartment owners?

Under §768.0706, the owner of a multifamily property with at least five units has a presumption against liability when the property substantially implements required measures, including cameras, lighting, locks, a security assessment, and employee training. The owner must prove it substantially implemented them.

What is the statute of limitations for a negligent security claim in Florida?

Florida gives you two years from the date of the crime to file a negligence claim under §95.11(5)(a) for causes of action accruing after March 24, 2023. A wrongful death claim also carries a two-year deadline under §95.11(5)(e).

Do I have a claim if a stranger attacked me on someone else's property?

Yes, when the owner knew or should have known crime was likely and failed to take reasonable security steps. The claim depends on foreseeability, the security measures in place, and whether better security would have prevented the harm.

What is negligent security in Florida?

Negligent security is a premises liability claim against a property owner or operator whose failure to provide reasonable security allowed a foreseeable crime to injure a tenant, guest, or customer. The claim targets the owner's security choices, not the criminal.

Will Medicaid take part of my child's settlement?

Medicaid asserts a lien under §409.910 for the care it paid, and the formula deducts attorney fees first and then sends half of the remainder to the agency, up to what Medicaid paid. A family contests the amount through the Division of Administrative Hearings within 21 days of payment to the agency.

What happens to a settlement for my child?

A settlement for a child requires court approval once a lawsuit is filed. A legal guardianship is required when the net settlement exceeds $15,000, and the court must appoint a guardian ad litem when the gross settlement equals or exceeds $50,000.

Do I need a medical expert to bring a birth injury claim?

Yes. Before sending a notice of intent to sue, Florida requires a verified written medical expert opinion corroborating reasonable grounds for the claim under §766.203(2).

Who is liable for a birth injury?

The delivering physician, nurses, midwife, anesthesiologist, and hospital are the usual defendants, depending on who made or failed to make the critical decision. Hospitals answer for the staff they employ, and physicians answer for their own care.

How much is a birth injury case worth in Florida?

The value depends on the severity of the injury, the child's lifetime care needs, lost earning capacity, and the pain and suffering involved. Our birth injury results range from $850,000 to $4,250,000, and past results do not guarantee a similar outcome.

How do I know if my child's condition is a birth injury or a birth defect?

A birth injury comes from harm during pregnancy, labor, or delivery, such as oxygen deprivation or physical trauma, while a birth defect comes from genetics or development in the womb. Only a review of the maternal and newborn records by qualified experts settles the question.

What is NICA, and does it prevent me from suing?

NICA is Florida's no-fault Birth-Related Neurological Injury Compensation Plan, and it replaces a lawsuit only when the child's injury meets the statutory definition and participating providers delivered the care. Providers must give patients notice of the plan, and a narrow exception allows a lawsuit for bad faith, malicious purpose, or willful and wanton disregard of safety.

What is the statute of limitations for a birth injury claim in Florida?

Florida gives you two years from the incident, or from when it was discovered or should have been discovered, to bring a medical malpractice claim under §95.11(5)(c), with a four-year outer limit. A claim brought on a child's behalf on or before the child's eighth birthday is not barred by the four-year period, and a NICA claim has a separate five-year deadline.

What evidence matters most in a burn injury case?

Photographs of the burn at each stage, the source of the burn, burn center medical records, and written reports to your landlord or employer matter most. Fire department incident reports and maintenance records add proof of what caused the burn.

Should I accept the insurance company's first offer after a burn injury?

Usually not. First offers often arrive before the burn center knows how many grafts, scar revisions, or therapy sessions you will need, and a signed release ends your right to more compensation.

What if a defective product caused my burn?

Florida's strict liability framework applies, so you must show the product was defective and caused your injury, not whether the manufacturer was careless. Preserve the product exactly as it was after the burn, because it is the central evidence.

Does a burn injury claim cover scarring and disfigurement?

Yes. Disfigurement is one of the damages Florida juries consider alongside pain and suffering, and the cost of scar revision, laser treatment, and pressure garments is part of your medical damages.

Do I have a claim if I was burned at work?

Workers' compensation covers most work burns, but a third-party claim exists when an outside party, such as an equipment manufacturer or chemical supplier, contributed to the injury. Under §440.11 you generally cannot sue your own employer, and you must report the burn within 30 days under §440.185.

Do I have a claim if a landlord's water heater or wiring burned me?

Often yes, when the landlord failed to maintain the hazard after notice or violated a duty under §83.51. Written repair requests, maintenance logs, and inspection records are the key evidence.

How much is a burn injury case worth in Florida?

The value depends on burn depth, the percentage of the body affected, scarring, future surgeries, and lost income, so no two cases match. Our burn injury results range from $325,000 to $1,650,000, and past results do not guarantee a similar outcome.

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

Florida gives you two years from the date of injury to file most burn injury negligence claims under §95.11. Product liability claims carry four years, subject to a 12-year statute of repose, and claims against government agencies require written notice before suit.

What if my dental injury was caused by a defective implant, not the dentist's technique?

A defective device or material can support a separate product liability claim against the manufacturer, which follows a different legal framework than a Chapter 766 malpractice claim against the dentist.

Can I file a complaint against my dentist without suing them?

Yes. You can file a complaint with the Florida Department of Health's enforcement division, which oversees the Board of Dentistry, though this path doesn't result in financial compensation.

What is the pre-suit process for a dental malpractice claim?

Florida requires serving a Notice of Intent supported by a qualified dental expert's written opinion, which starts a mandatory 90-day investigation period before any lawsuit can be filed, under §766.106.

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

Generally two years from when you discovered or should have discovered the injury, with a four-year statute of repose as an absolute outer limit, under §95.11(4)(b).

Does signing a consent form protect my dentist from a malpractice claim?

Not automatically. If the specific risk that caused your injury was never actually disclosed to you in terms you could understand, a generic signed form may not satisfy Florida's informed consent standard.

Can I sue my dentist for nerve damage in Florida?

Yes, if a qualified dental expert confirms the nerve injury resulted from a standard of care violation, such as excessive drilling depth or failure to review imaging showing the nerve canal's location, rather than an unavoidable risk of the procedure.

What if a construction accident resulted in a worker's death?

Florida's Wrongful Death Act allows the deceased's personal representative to pursue compensation from third-party defendants on behalf of surviving family members, in addition to any workers' compensation death benefits.

What if my construction accident was caused by extreme heat?

Heat exhaustion or heat stroke resulting from a contractor's failure to provide adequate hydration, shade, or rest breaks can support a negligence claim separate from a physical hazard like a fall.

Will pursuing a third-party claim affect my workers' compensation benefits?

No, but the workers' compensation carrier generally holds a lien against any third-party recovery for benefits already paid, which is a routine part of the settlement process to negotiate.

What if I'm undocumented? Can I still file a claim?

Yes. The Florida Third District Court of Appeal confirmed in HDV Construction Systems v. Aragon (2018) that undocumented workers retain the same rights to workers' compensation and third-party claims as any other worker.

How do OSHA violations help my case?

Florida doesn't allow a direct lawsuit under OSHA regulations, but a documented OSHA violation is strong evidence of what the standard of care required and how a defendant failed to meet it in a state negligence claim.

Is the general contractor automatically protected from lawsuits?

Not always. A general contractor only gains statutory employer immunity under §440.10 if it actually secured workers' compensation coverage for the specific subcontractor's employees involved.

Who can I sue if I can't sue my own employer?

Any other company on the job site whose negligence contributed to your injury, including other subcontractors, equipment manufacturers, property owners, and engineering or design firms, can be held liable in a third-party claim.

Can I sue my employer after a construction accident in Florida?

Generally no, under §440.11's exclusive remedy provision, except in narrow cases involving an intentional tort or an employer that failed to secure required workers' compensation coverage.

What if I was hurt on a parking lot tram or shuttle at a theme park?

Park transportation incidents, including trams and shuttle buses, are treated as a distinct injury category from ride attractions and typically involve claims for negligent operation, such as accelerating before passengers are safely seated.

What if I was injured at a water park attraction?

Water park claims generally turn on whether the park provided adequate lifeguard staffing and supervision for the specific attraction, along with proper depth markers and warnings, in addition to standard premises liability principles.

Can I still sue if I signed a waiver when I bought my ticket?

Often yes. Ticket waivers can address inherent risks of an attraction, but Florida courts scrutinize broad releases closely, and they generally cannot shield a park from liability for its own gross negligence.

How long do I have to file a claim after a theme park injury in Florida?

Florida's statute of limitations for most negligence claims is two years from the date of the incident, following the 2023 changes under HB 837.

I'm a theme park employee who was hurt on the job. Do I have a personal injury claim?

If your own employer's negligence caused the injury, it's typically a workers' compensation claim. If a third-party contractor or vendor contributed to the injury, a separate personal injury claim may be available.

What if I was injured on a ride because it malfunctioned?

A mechanical malfunction can support both a negligence claim against the park and a separate product liability claim against the ride's manufacturer, depending on what caused the failure.

Does buying a park ticket mean I gave up my right to sue if I'm injured?

Not entirely. Ticket waivers can address inherent risks of an attraction, but they generally cannot shield a park from liability for its own negligence, such as failing to maintain a ride's safety equipment.

Are Disney World and Universal inspected by the state like other rides?

No. Under §616.242, theme parks with more than 1,000 employees and their own safety inspectors are exempt from routine state ride inspections and instead self-inspect, filing an annual affidavit and quarterly injury reports with the state.

What if a scooter accident resulted in a death?

Florida's Wrongful Death Act allows the deceased's personal representative to pursue compensation on behalf of surviving family members, evaluating the same range of potentially liable parties as a survivable injury claim.

Are scooter riding rules the same everywhere in Orlando?

No. Orlando and surrounding municipalities each layer their own local ordinances on top of Florida's baseline rules under §316.2128, governing where scooters may be ridden and parked, so the specific rule that applied at your crash location matters.

What if I was riding double with a friend when the accident happened?

Most rental scooters are rated for a single rider only, and riding with a passenger can affect both the scooter's stability and how comparative negligence gets allocated if the added weight contributed to the crash.

How long do I have to file a claim after a scooter accident in Florida?

Florida's statute of limitations for most negligence claims is two years from the date of the accident, following the 2023 changes under HB 837.

What if I was hit by a scooter rider while walking?

Pedestrians injured by a negligent scooter rider can pursue a claim against that rider directly, similar to a claim against a negligent cyclist.

Do I need a helmet to ride legally in Florida?

Riders 16 and older are not legally required to wear a helmet, but not wearing one can give an insurer grounds to argue comparative negligence if you suffer a head injury.

Can I sue Bird or Lime if their scooter malfunctioned?

Yes. A mechanical defect, such as failed brakes or a stuck throttle, can support a product liability or negligent maintenance claim against the rental company, separate from any claim against a driver.

Does my car insurance cover me if I'm injured on a rental scooter?

Not automatically. Florida PIP generally does not apply to scooter riders since scooters aren't classified as motor vehicles, though your own uninsured motorist coverage may apply if a vehicle was involved in the crash.

What can I do if my case is declined due to modest damages, not liability?

Some firms may still offer guidance even if they cannot litigate the case themselves, and depending on the facts, alternative paths like a formal complaint through the Florida Department of Health's enforcement process may still be available even when a civil lawsuit is not economically viable. A complaint does not recover compensation, but it can prompt a regulatory investigation into the provider's conduct.

How long do I have to find an attorney and file a claim in Florida?

Generally two years from when the injury was discovered or should have been discovered, with an outer limit of four years from the date of the malpractice in most circumstances. Starting the search for an attorney well before this deadline matters, since Florida's pre-suit requirements take additional time to complete.

If one firm declines my case, should I stop looking?

No. Firms differ in resources, risk tolerance, and specialization, and a second firm may evaluate the same facts differently, particularly one with specific experience in your type of claim.

How much does my case need to be worth for an attorney to take it?

There is no fixed number, but national data suggests very few attorneys will take a case under roughly $50,000 in potential damages, and many decline cases under $250,000, because contingency fee litigation costs are typically front-loaded by the firm.

Why do I need a medical expert before my case can even be filed in Florida?

Florida law under §766.106 requires a corroborating written medical expert opinion before the mandatory pre-suit notice can be sent, meaning the expert screening happens before litigation formally begins, not after.

Does a bad medical outcome automatically mean I have a malpractice case?

No. A poor outcome following medically appropriate, standard care is not malpractice, even when the result is severe. A viable claim requires proving the provider's care fell below what a reasonably competent provider would have done under the same circumstances.

If my case involves both a government entity and a medical malpractice claim, do the notice periods run at the same time or one after another?

They generally run in parallel rather than one after another, but both must be fully satisfied before the underlying lawsuit can proceed, so the case cannot move faster than whichever requirement takes longer to complete.

What's the single biggest thing I can do to avoid unnecessary delay?

Start the personal representative appointment process immediately. This step sits in front of every case type discussed here, and delaying it adds directly onto whatever timeline your specific case would otherwise follow.

Does filing in Orange County take longer than Seminole County?

It can vary based on each circuit's current caseload and docket congestion, which changes over time. A local attorney familiar with current scheduling patterns in the relevant circuit can give a more accurate estimate than a general statewide figure.

Can I speed up the 90-day medical malpractice investigation period?

No. This period is set by statute and cannot be shortened by agreement between the parties, though completing the required pre-notice work, records collection and expert review, as efficiently as possible ensures you are not adding unnecessary delay on top of the mandatory window.

Why does my medical malpractice wrongful death case seem to be taking longer than my neighbor's car accident case?

Because they are governed by entirely different legal frameworks. Medical malpractice claims require a mandatory 90-day pre-suit investigation period under Chapter 766 that car accident claims simply do not have, on top of the time needed to obtain records and a qualified expert opinion before that period can even begin.

Can grandparents file a wrongful death lawsuit in Florida?

Grandparents cannot file the lawsuit directly, and they generally do not qualify as eligible survivors under §768.18 unless they had a documented dependency relationship with the decedent and no closer survivor exists.

How long do you have to file a wrongful death lawsuit in Florida?

Generally two years from the date of death under §95.11(5)(e), following the 2023 changes under HB 837, though the personal representative appointment needed before filing should begin well before that deadline approaches.

Can a stepchild file a wrongful death claim in Florida?

A stepchild cannot file the lawsuit itself, since only the personal representative can, but a stepchild who was never legally adopted may recover economic damages if they were dependent on the decedent, though not pain and suffering or loss of guidance damages.

Can more than one person file a wrongful death lawsuit for the same death?

No. Only one wrongful death lawsuit may be brought per incident, filed exclusively by the personal representative on behalf of all eligible survivors and the estate together.

Who becomes personal representative if there's no will?

Under §733.301, the surviving spouse has first priority, followed by the person selected by a majority in interest of the heirs, followed by the heir nearest in degree to the decedent.

Can siblings file a wrongful death claim in Florida?

Generally only if there is no surviving spouse, child, or parent, and the sibling was partly or wholly dependent on the decedent for support or services, since blood relatives fall lower in the statutory priority than immediate family.

Can a girlfriend or boyfriend file a wrongful death lawsuit in Florida?

No. An unmarried romantic partner does not qualify as a survivor under §768.18, regardless of the relationship's length or financial interdependence, since Florida law requires a legal spousal relationship.

How is a wrongful death settlement divided among family members?

Funds are divided according to each survivor's specific category of loss under §768.21, a spouse's lost companionship and support, a child's lost guidance, and so on, rather than split into equal shares.

Can creditors take money from a wrongful death settlement?

Creditors can generally reach only the estate's portion of the settlement, not the damages awarded specifically to individual survivors like a spouse or child, which are not part of the probate estate.

Does a wrongful death settlement have to go through probate?

The claim itself is brought through the probate-appointed personal representative, and court approval of the distribution is required specifically when a minor or incapacitated survivor is involved, or when any survivor objects to the proposed allocation.

Who receives the wrongful death settlement money first?

The personal representative of the estate receives the full settlement first, then resolves medical liens and attorney's fees before allocating the remainder to survivors and the estate according to each party's specific losses.

Are wrongful death settlements taxable in Florida?

Most compensatory damages are not federally taxable under 26 U.S.C. §104(a)(2), and Florida has no state income tax. Punitive damages and any interest that accrued during litigation are generally taxable as ordinary income.

Is a wrongful death settlement paid in one lump sum?

Not always. Adult survivors typically receive their share as a lump sum, while a minor's portion is often structured into an annuity or placed in a restricted account requiring court authorization for withdrawals.

How long does it take to receive a wrongful death settlement in Florida?

Once a settlement is signed, funds are typically distributed within 30 to 60 days after liens, fees, and court approval requirements (if any) are resolved. The underlying case itself often takes six to eighteen months to reach that point, depending on liability disputes and whether litigation is required.

What if my loved one died in an aviation accident?

Florida's Wrongful Death Act allows the estate's personal representative to pursue compensation for surviving family members, including lost financial support and loss of companionship, though these cases often involve multiple defendants and insurance policies.

Can I sue the government if air traffic control was at fault?

In some cases, yes, through a claim under the Federal Tort Claims Act, which involves its own distinct procedural requirements separate from a standard negligence claim against a private party.

What if I was injured on the tarmac, not in the air?

Airport ground operation accidents, involving service vehicles, baggage equipment, or boarding bridges, are a distinct category of aviation-related claim, typically pursued against the airport operator or ground service provider.

Who can be held liable for a helicopter tour accident?

Potentially the pilot, the tour operator, a maintenance provider, and the aircraft or component manufacturer, subject to GARA's protections. Identifying every liable party is essential to recovering full compensation.

Does the Montreal Convention apply to my flight?

It can, if your flight qualifies as international carriage under the treaty's definition. This affects both what damages are recoverable and where a lawsuit may be filed, and it's worth having an attorney evaluate early.

How long do I have to file an aviation accident claim in Florida?

Florida generally allows two years from the date of the accident to file, though the investigation required to build a strong aviation claim can take months, so acting quickly matters even with that window.

What is GARA and how could it affect my case?

The General Aviation Revitalization Act gives most small aircraft manufacturers an 18-year statute of repose. If your accident involved an aircraft or component older than 18 years, the manufacturer may be immune from liability, though several exceptions can apply.

Can I use the NTSB's report in my lawsuit?

No, not the Board's final report or its probable cause conclusion, which is barred by federal law under 49 U.S.C. §1154(b). The NTSB's separate factual report, containing raw data like weather and maintenance findings, is generally admissible.

Should I join a class action lawsuit or file my own claim?

It depends on the severity of your injury. Class action settlements typically pay a fixed, modest amount per claimant, while an individual claim allows your specific injury, medical costs, and pain and suffering to be valued on their own merits, which is often better for a serious injury.

Can I get punitive damages in a product liability case?

Punitive damages are possible when the evidence shows the manufacturer engaged in intentional misconduct or gross negligence, such as knowing about a defect and continuing to sell the product without warning consumers or issuing a recall.

What if I was injured by a product I no longer have?

It's still worth speaking with an attorney. While preserving the product is important, other evidence, medical records, purchase receipts, photos, or a matching recall notice, can sometimes support a claim even without the physical product.

Who can be held liable for a defective product?

Any party in the chain of distribution can potentially be held liable, including the manufacturer, a component part manufacturer, the distributor, and the retailer that sold the product.

Can I still sue if the product has already been recalled?

Yes. A recall does not prevent you from filing a claim, and in fact a recall notice covering the same defect that caused your injury can serve as strong evidence that the manufacturer knew about the danger.

What is the statute of repose and how is it different from the statute of limitations?

The statute of repose is an absolute 12-year deadline based on when the product was first sold, regardless of when the injury occurred. The statute of limitations is a four-year deadline based on when the injury happened or was discovered. Both must be satisfied to bring a claim.

(407) 906 – 0500

326 N. Magnolia Avenue, Floor 2
Orlando, FL 32801

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