Our Orlando Car Accident Lawyer team is here to provide you with legal assistance
If you’re here, you’re probably dealing with the two hardest parts of an Orlando crash: pain and uncertainty. You may be wondering: Do I have a case? Who pays the medical bills? What if the insurance company is already calling me?
We help people across Orlando and Central Florida get honest answers fast—and then we take the pressure off, handling the paperwork, evidence, and insurance communications so you can focus on recovery. Our Orlando office is at 629 N Fern Creek Ave, Orlando, FL 32803 and you can reach us at (407) 999-0045.
- Free Consultation
- No Fees Unless We Win
- Serving Orlando & Central Florida
Free consultation and fast clarity
We offer free, confidential consultations, and our Orlando car accident lawyer team is available 24/7. If you decide to work with us, we don’t charge upfront attorney fees for injury cases—we’re paid based on recovery in a contingency arrangement (details explained below).
What to do right after a car accident in Orlando
The 14-day rule and why it matters
After a crash, what you do next affects (1) your health and (2) the strength of any insurance claim or lawsuit. Here’s the practical, Florida-specific approach we recommend:
- Get to safety and call 911. If the crash involves injury/death or at least $500 in apparent property damage, Florida’s crash-reporting statute requires immediate notice to law enforcement.
- Exchange information and help if someone is hurt. Florida law requires drivers involved in crashes to provide identifying information and render reasonable assistance to injured people.
- Document the scene quickly. Photos/video of vehicle positions, damage, debris, traffic signals, and visible injuries can become extremely valuable later.
- Get medical care—do not “wait it out.” Florida PIP rules can turn waiting into a coverage problem (details next). Review our guide on waiting and risks with delayed car accident reporting in Orlando.
- Be careful with early insurance calls. Insurers often request recorded statements early. You can politely decline and ask for communication in writing until you’ve gotten legal guidance.
- Preserve a paper trail. Keep towing/storage receipts, rental invoices, prescriptions, and any missed-work documentation.
Florida’s no-fault system includes a strict requirement: to access PIP medical benefits, you must receive initial services and care within 14 days after the crash.
If you miss that window, your insurer may deny PIP medical coverage even if your injuries are real and serious. Learn how to obtain your official Florida crash report step-by-step on our Crash Report Guide for Orlando
Florida no-fault insurance and PIP explained
Florida requires drivers to carry Personal Injury Protection (PIP) and Property Damage Liability (PDL) before registering most vehicles. In plain language:
- PIP is designed to pay for certain medical expenses regardless of fault (no-fault), and it generally pays 80% of reasonable/necessary medical expenses up to the policy limit; the standard PIP limit referenced by Florida sources is $10,000.
- PIP can also cover part of lost wages (Florida Bar guidance describes 60% of lost wages within PIP).
- PDL pays for damage you cause to someone else’s property (including their vehicle).
Florida Bar guidance also notes that bodily injury liability coverage is generally not required in Florida (with exceptions such as DUI-related requirements). This matters in real life because you can be severely injured and discover the at-fault driver has little or no injury coverage—making your own policy coverages (and other legal avenues) far more important.
How the $10,000 vs. $2,500 PIP medical limit works
Many people in Orlando don’t hear about this until it’s a problem: under Florida’s PIP statute, reimbursement for medical services can be up to $10,000 if an authorized provider determines the injured person had an Emergency Medical Condition (EMC).
If the provider determines the person did not have an EMC, PIP medical benefits are limited to $2,500.
This is one reason we encourage people to get medical evaluation promptly and to keep their medical documentation organized from the start.
If you want us to look at your crash report, insurance declarations page, and what’s happening medically—and tell you what we think the smartest next step is—call (407) 999-0045 or start the intake form here.
When you can pursue pain and suffering in Florida
Because Florida is a no-fault/PIP state, many injury claims start inside PIP. But PIP does not automatically equal “full compensation,” and it usually doesn’t cover the real-life impact of an injury.
Florida’s auto threshold statute limits when a person can recover pain, suffering, mental anguish, and inconvenience from the at-fault driver in a motor vehicle tort action. You generally must show that the injury includes one of the statutory threshold categories (such as significant/permanent loss of an important bodily function, permanent injury, significant/permanent scarring/disfigurement, or death).
Understanding the physical and mental recovery after a serious collision can help you document your claim — see our Moving On After an Auto Accident guide.
Time limits and shared fault in Florida accident cases
Florida injury cases are time-sensitive in more than one way (PIP/insurance deadlines often come first), but two legal deadlines/rules deserve special attention:
Negligence statute of limitations. Online Sunshine lists two years for “an action founded on negligence.” Missing the deadline can permanently bar a lawsuit, even if liability seems clear.
Modified comparative fault. Florida law provides that a claimant’s fault reduces damages proportionally, but if a party is found greater than 50% at fault, they may not recover damages in negligence actions covered by the statute. (The statute publication also includes applicability notes tied to 2023 tort reform.)
Orlando Car Accident risk Statistics
Car crashes are not “rare events” in Central Florida—they’re a persistent public safety problem.
Orange County car crash facts snapshot (includes Orlando). In FLHSMV’s Crash Facts report, Orange County shows 26,263 total crashes, 172 fatalities, and 19,618 injuries for 2023. In the same report’s vulnerable road user section for Orange County, the county shows:
- Pedestrian crashes: 656 | pedestrian fatalities: 63 | pedestrian injuries: 578
- Bicyclist crashes: 534 | bicyclist fatalities: 13 | bicyclist injuries: 514
- Motorcycle crashes: 525 | motorcycle fatalities: 26 | motorcycle injuries: 463
FLHSMV also notes its Crash Facts statistics are derived from law enforcement reports and are subject to change as updated reports are received.
Regional safety framing. MetroPlan Orlando’s Vision Zero materials state that more than 5 people are killed and 35 are seriously injured every week on roads in Orange, Osceola, and Seminole counties, and that the rate is higher than elsewhere in Florida or the nation.
How we build a strong Orlando car accident claim
A good claim isn’t built on slogans—it’s built on evidence, medical documentation, and disciplined negotiation. Our role is to protect you from common “case-weakening” traps while building the strongest version of your story.
What we typically focus on:
- Crash documentation: obtaining the Florida Traffic Crash Report (or self-report forms where applicable), and confirming basic facts early. Florida crash reports may take up to 10 days to become available in the state system. Review our Crash Report Guide for more details.
- Crash report access rules: FLHSMV guidance explains crash reports are confidential/exempt for 60 days, with access limited to entities identified by statute, then become public record afterward.
- Medical “story integrity”: aligning diagnosis, treatment dates (including the 14-day PIP window), and functional impact so insurers can’t easily dismiss the claim.
- Damages valuation: understanding what your injuries truly cost—not just today, but over time (future care, lost capacity, life disruption).
- Liability and fault analysis: reducing blame-shifting where comparative fault could reduce or bar recovery.
What compensation may be available
Every case is different, but Orlando crash claims commonly involve some combination of:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity (PIP may cover a portion, but serious injuries often exceed no-fault benefits)
- Property damage (vehicle repair/replacement and related out-of-pocket costs)
- Pain and suffering (only when the statutory injury threshold is met)
How attorney fees work
Most people avoid calling a lawyer because they assume it will be expensive. In personal injury cases, many firms (including ours) use contingency arrangements. The Florida Bar’s consumer guidance explains that in a contingency fee contract, the lawyer generally does not get paid attorney fees unless the client wins — but case costs may still apply depending on the contract.
On our side, we also explain fee terms clearly up front, and our firm states we offer free, confidential consultations.
Why clients choose Maaswinkel Law
We’re a local Orlando firm located near downtown (Mills 50 area), and our team describes a client-first approach including multilingual support (English, Spanish, Vietnamese). Our practice is focused on representing people – not insurance companies. We also believe trust should be earned with transparency.
For tips on comparing attorneys and what questions to ask, review our Finding the Best Attorney for Your Car, Truck, or Motorcycle Accident article.
Car Accident Client Testimonials
Maaswinkel reviews around the web
Frequently Asked Questions
As a Car Accident Attorney, these are the questions we most commonly answer when facing victims of car accidents and needing a lawyer in Orlando. If you don’t see the question you have answered here, please give us a call. We are here 24/7 and available to answer your questions.
What should I do immediately after an accident on I-4 or in Downtown Orlando?
Prioritize safety first. Under Florida Statute § 316.062, you are legally required to provide your information to the other driver and rendered aid if necessary. In Orlando, you should contact the Orlando Police Department (for city limits) or the Florida Highway Patrol (for I-4 accidents) to create an official report. A police report is vital for insurance claims, especially given Orlando’s high volume of rental cars and out-of-state tourists.
What is Florida’s “14-Day Rule” for car accident injuries?
Under Florida Statute § 627.736, you must seek medical treatment within 14 days of your car accident to qualify for Personal Injury Protection (PIP) benefits. If you miss this window, your insurance company can legally deny coverage for your medical bills, regardless of how clear the other driver’s fault may be.
Has the Statute of Limitations for Florida car accidents changed?
Answer: Yes. Due to the major tort reform passed in CS/HB 837 (2023), the statute of limitations for negligence-based car accident lawsuits in Florida has been reduced from four years to two years. This applies to all accidents occurring after March 24, 2023. Under the updated Florida Statute § 95.11, if you fail to file within two years, you lose your right to sue.
Can I still recover compensation if I was partially at fault for the crash?
Answer: Florida recently shifted to a “Modified Comparative Negligence” system under Florida Statute § 768.81. You can still recover damages as long as you are 50% or less at fault. However, if you are found to be 51% or more responsible for the accident, you are legally barred from recovering any compensation from other parties.
What is an “Emergency Medical Condition” (EMC) and how does it affect my claim?
Answer: To access your full $10,000 PIP benefit, a medical professional must determine you have an Emergency Medical Condition (EMC), defined in Florida Statute § 627.732(16) as symptoms of sufficient severity that the absence of immediate medical attention could result in serious jeopardy to patient health. Without this diagnosis, your PIP medical benefits are capped at just **$2,500**.
Do I have to use my own insurance if the other driver hit me?
Answer: Yes, for your initial medical bills. Florida is a “No-Fault” state. According to the Florida Office of Insurance Regulation, every driver must carry $10,000 in PIP. This coverage pays your medical bills regardless of fault. However, you can pursue the at-fault driver for costs exceeding your PIP coverage if your injuries meet the “permanency threshold.”
When am I allowed to sue for "Pain and Suffering" in Florida?
Answer: To recover non-economic damages like pain and suffering, your injury must meet the criteria in Florida Statute § 627.737. You must prove that the injury consists of significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, or significant and permanent scarring or disfigurement.
What happens if I was hit by an uninsured driver in Orlando?
Answer: Florida has one of the highest rates of uninsured motorists in the country. If you are hit by a driver without insurance, you must rely on your own Uninsured Motorist (UM) coverage. As explained by The Florida Bar, UM coverage is optional but highly recommended to protect yourself against Orlando drivers who do not carry Bodily Injury liability insurance.
How do I obtain my car accident report in Orange County?
Answer: You can obtain your official crash report online through the Florida Crash Portal. Under Florida Statute § 316.066, crash reports are confidential for the first 60 days after the accident and are only available to “exempt parties,” which include the drivers involved and their legal representatives.
How much does it cost to hire an Orlando car accident lawyer?
Answer: We operate on a contingency fee basis, which is regulated by the Rules Regulating The Florida Bar (Rule 4-1.5). This means our legal fees are a set percentage of the final recovery. If we do not win your case, you owe us no attorney fees. This system ensures that every Orlando resident has access to high-quality legal representation regardless of their current financial situation.
