Florida Claim Guide

The Personal Injury Claim Process in Florida

Hurt and unsure what comes next? Here is how a Florida injury claim moves from your first call to a settlement or verdict, and how our Orlando personal injury lawyers handle each step for you.

Legally Reviewed by Louis Berk, Florida Bar #111895 – Updated September 2026

take the first step

Do I have a case?

Most Florida injury claims rest on four elements. Here is what we look at in a free case review.

Someone Owed You Care

Drivers, property owners, and businesses in Florida have a legal duty to act with reasonable care to keep others safe. This duty of care is the starting point of every negligence claim.

They Broke That Duty

The other party failed to act with reasonable care, for example by speeding, texting while driving, or ignoring a spill or broken step they knew about.

It Caused Your Injury

Medical records, photos, and witness statements link your injury, whether it is whiplash from a rear-end crash or a broken ankle that needed surgery, to what the other party did. Under Florida law, a person found more than 50% at fault for their own harm recovers nothing (§768.81(6)).

There Were Damages

Damages are the harm you suffered, such as medical bills, physical therapy, lost wages, property damage, and pain and suffering. Without real losses, there is no claim to bring.

Not sure if you have a case? Ask us.
No fee unless we win

Free consultation, 24/7

the journey

Simple process, Maximum Results.

From your first call to a final resolution, one dedicated team handles every step of your claim.

0
1

Free Consultation

Your journey begins with a free, no-obligation consultation. Once you submit our online form, we’ll schedule a time to discuss your case, answer your questions, and determine your legal options. We know this is a stressful time, so we’ve made this step as quick and easy as possible.

0
2

Case Evaluation

Our legal team conducts a detailed case review, analyzing accident reports, medical records, witness statements, and any available evidence. After our assessment, we’ll provide you with our expert opinion on your case’s viability and next steps.

0
3

Client Onboarding

If your case moves forward, we’ll provide all necessary agreements for signatures, along with a clear explanation of the legal process. We also establish open communication channels so you’re informed every step of the way.

free case review

Injured? Getting the compensation you deserve starts here.

Tell us what happened and we'll tell you plainly what your options look like. No pressure, no obligation.

Step by Step

The Personal Injury Claim Process: A Breakdown

In Florida, most injury claims move through the same stages: medical care and PIP benefits, investigation, a demand to the insurer, and negotiation toward a fair settlement. If the insurer won't pay fairly, we file a personal injury lawsuit, which most negligence claims require within two years (§95.11(5)(a)), followed by discovery, mediation, and trial.

Documents 101: A Checklist

Keep your police report, medical records and bills, photos, insurance letters, and proof of lost wages in one folder. It makes every step of your claim faster.

plain-english legal terms

Personal Injury Glossary

From damages to depositions, these are the legal terms you will hear most often during a Florida personal injury claim, explained in plain English.

Damages

Financial compensation for loss or injury caused by another party, such as medical bills, lost wages, and pain and suffering.

Negligence

Failure to exercise reasonable care, resulting in harm to another person or their property.

Settlement

An agreement resolving a claim outside of trial, in which one side compensates the other.

Plaintiff

The person or party who files a lawsuit against another for causing them harm.

Defendant

The person or party being accused of causing harm in a personal injury claim.

Deposition

Sworn out-of-court testimony given by a witness or party, recorded as part of the legal process.

Have your documents ready? Let's review your case.

No fees unless we win
24/7 free consultation

No fee unless we win · Free consultation