Orlando Personal Injury Claims Process: 2026 Comprehensive Guide

If you’ve been injured in Orlando due to someone else’s negligence, you are entering a legal landscape that has changed dramatically in the last two years. Florida’s new laws have shortened the time you have to sue and made it harder to recover damages if you share fault.

At Juan Burgos Law, we believe knowledge is power. This guide breaks down the personal injury claims process in 2026, from the moment of the accident to the final settlement check.

Step 1: Immediate Action & The 14-Day Rule

Your claim starts the moment the accident happens. In Florida, your Personal Injury Protection (PIP) coverage is your primary source for immediate medical bills. However, there is a strict deadline:

• The 14-Day Rule: You MUST seek medical treatment within 14 days of the accident. If you wait until day 15, your insurance company can deny your $10,000 PIP claim entirely.

Step 2: Investigation & Evidence Preservation

While you focus on healing, your attorney focuses on proof. We immediately send Spoliation Letters to preserve critical evidence like:

• Surveillance footage from nearby businesses (common on Colonial Drive or I-4).
• Vehicle “black box” data (EDR).
• Cell phone records of the at-fault driver.

Warning: Evidence disappears fast. Waiting even a few weeks can destroy your case.

Step 3: Calculating Your Damages

We don’t just add up your current medical bills. A comprehensive claim includes:

• Future Medical Costs: Surgeries or therapy you will need in 5 or 10 years.
• Lost Earning Capacity: If you can no longer work in your profession.
• Pain and Suffering: Non-economic damages for the impact on your quality of life.

Step 4: Negotiations & The “51% Rule”

Under Florida’s Modified Comparative Negligence law (effective 2026), liability is the biggest battleground.

The Rule: If you are found to be more than 50% at fault (51% or higher), you are barred from recovering ANY damages.

Insurance adjusters will try to pin the blame on you to reach that 51% threshold. We fight back with accident reconstruction experts to prove the other party was primarily responsible.

Step 5: Litigation (The 2-Year Deadline)

If the insurance company refuses to make a fair offer, we file a lawsuit.

Critical 2026 Update: The Statute of Limitations for general negligence in Florida is now 2 years (down from 4 years). You must file suit within this window, or your claim is dead.

Conclusion: Don’t Navigate This Alone

The new laws in Florida favor insurance companies, not victims. Missing a deadline by one day or admitting fault casually can cost you everything.

At Juan Burgos Law, we guide you through every step of this complex process, ensuring your rights are protected under the 2026 statutes.