Orlando car accidents: deadlines, PIP and claims in Orange County

Deadlines and fault rules in Orlando#

Orlando follows Florida's deadlines. The statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for an action founded on negligence is 2 years (Fla. Stat. § 95.11(5)(a)), and a wrongful death lawsuit must be filed within 2 years from the date of death. Because Florida shortened the negligence deadline in 2023, an older crash may follow different rules; see the Florida guide.

Florida's modified comparative faultModified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary rule (Fla. Stat. § 768.81(6)) reduces your damages by your share of fault and bars recovery at 51% or more. The more-than-50%-at-fault bar applies to cases filed after March 24, 2023, and does not apply to medical-negligence claims. The fault-rule explainer shows the cut-off.

PIP and the threshold for pain and suffering

Florida is a no-fault state, so every policy carries $10,000 of PIP that pays whoever caused the crash. Two limits catch people out:

• The 14-day window. PIP covers medical care only if you receive initial care within 14 days of the crash.
• The emergency condition rule. If a provider finds no emergency medical condition, PIP medical benefits stop at $2,500.

A claim against the other driver for pain and suffering is possible only if the injury meets Fla. Stat. § 627.737: significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death. The guide to who pays medical bills explains how health insurance fits in.

Getting a crash report in Orlando#

Orlando crashes may be worked by the Orlando Police Department, the Orange County Sheriff's Office or the Florida Highway Patrol. In every case, an officer who writes a long-form crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary must send it to FLHSMV within 10 days after finishing the investigation. A long form is required when someone is hurt or killed, a car is towed, a driver fled or was impaired, or a commercial vehicle was involved.

FLHSMV says reports may take up to 10 days to become available. You can then buy one through the Florida Crash Portal for $10, plus a $2 convenience fee per order.

Claims against the city or county#

A crash with a City of Orlando vehicle, an Orange County vehicle or a state agency such as the Florida Department of Transportation falls under Fla. Stat. § 768.28, Florida's limited waiver of sovereign immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary:

1. Notice. Present the claim in writing to the agency within 3 years. Claims against a state agency must also go to the Department of Financial Services; claims against a city or county need not.
2. Wait. A lawsuit can generally start only after a written denial, or after 6 months without a final decision.
3. Sue in time. The deadline is 4 years for negligence claims and 2 years for wrongful death.
4. Know the caps. Payments are generally limited to $200,000 per person and $300,000 per incident; more usually needs a claims bill from the Legislature.

Crashes in Orange County#

FLHSMV's 2024 Traffic Crash Facts report counted 25,415 crashes in Orange County, with 19,495 people injured and 153 killed, down from 172 deaths in 2023. Only Miami-Dade and Broward counties had more people injured.

Where a lawsuit is filed#

Florida lets a lawsuit be filed where the defendant lives or where the claim arose (Fla. Stat. § 47.011), so a crash in Orlando can be heard in Orange County even if the other driver lives in another county or state.

• Orange County Court hears civil cases up to $50,000. The Orange County Clerk handles small claims of $8,000 or less, not counting costs, interest and attorney fees.
• The Ninth Judicial Circuit Court, which serves Orange and Osceola counties, hears larger claims.

Finding a lawyer in Orlando#

The Florida Bar lists the Orange County Bar Association's Lawyer Referral Service, at 407-422-4537, as the local service for Orange and Brevard counties. Ask about any consultation fee when you call. Before you sign with a lawyer, check their status in The Florida Bar's member directory; our guide to lawyer referral services explains how they work.