Personal Injury

To handle a personal injury claim in Orlando, seek medical care immediately, report the accident, gather evidence, and consult an experienced attorney to protect your rights and pursue fair compensation.

Matthew R. Boren will guide you and fight for the compensation you deserve.

If you’ve been injured due to someone else’s negligence—whether in a car crash, slip-and-fall, or other accident—knowing what steps to take can make or break your personal injury claim. Here’s a complete guide to help you protect your rights and maximize your recovery in Orlando.

1. Immediate Steps After the Accident

Seek Medical Attention Immediately

Even if you feel fine, get checked by a medical professional. Some injuries—like concussions, whiplash, or internal trauma—may not show symptoms right away. Early treatment helps you heal faster and documents your injury for legal purposes.

Report the Accident

If you’re in a car accident, call 911 and file a police report. If you’re injured in a store, at work, or on someone else’s property, make sure the incident is reported to a manager or property owner and documented officially.

Gather and Preserve Evidence

Collect as much evidence as possible:

• Take photos of the scene, your injuries, and any property damage
• Get contact information from any witnesses
• Write down everything you remember—time, location, conditions, and what happened

This early documentation can become powerful evidence for your claim.

2. Notify the Insurance Company (But Be Cautious)

You’ll need to report the accident to your insurance provider. However, do not provide a recorded statement or accept any settlement offers until you’ve spoken with a personal injury attorney. Insurance companies are known for minimizing payouts—even if they seem helpful at first.

3. Work with an Experienced Orlando Personal Injury Lawyer

Why Hire a Local Attorney?

An experienced local lawyer understands Florida law, knows the Orlando court system, and has dealt with local insurance adjusters. They can evaluate your case, determine liability, and protect your rights from day one.

What to Expect During Your Consultation

Your attorney will:

• Review your medical records and accident report
• Estimate the value of your claim (medical expenses, lost wages, pain and suffering)
• Outline the next steps in the legal process

At Matthew R. Boren, we provide clear communication, honest evaluations, and dedicated advocacy for every client.

4. Building a Strong Case

Keep Detailed Records

Every document matters. Save:

• Medical bills and treatment records
• Insurance correspondence
• Time missed from work and wage losses
• Notes from your doctor about long-term or permanent injuries

Avoid Social Media Posts

Do not post about your accident, injuries, or recovery online. Insurance companies and defense lawyers often monitor social media to find information that could be used to devalue your claim.

Follow Your Treatment Plan

Continue all follow-up appointments and therapy sessions. Gaps in treatment can be used against you by insurers to suggest your injuries aren’t serious.

5. Settlement Negotiations or Filing a Lawsuit

Negotiating a Settlement

Most personal injury claims settle out of court. Your lawyer will negotiate directly with the insurance company to seek full and fair compensation for:

• Medical expenses
• Lost income
• Pain and suffering
• Future medical care, if needed
  

Filing a Lawsuit (If Necessary)

If the insurance company refuses to offer a fair settlement, your attorney may recommend filing a personal injury lawsuit. Florida’s legal system allows injury victims to pursue justice through litigation, and having the right legal team makes all the difference.

6. Know Your Legal Rights in Florida

Statute of Limitations

In Florida, you generally have four years from the date of the accident to file a personal injury lawsuit. However, the timeline may be shorter in cases involving government entities or wrongful death claims. Don’t wait—missing this deadline means losing your right to compensation.

Florida’s Comparative Fault Rule

Florida follows a modified comparative negligence rule. If you’re found partially at fault for the accident, your compensation may be reduced by your percentage of fault. An experienced attorney can help limit your liability and protect your financial recovery.

7. After the Settlement

Manage Settlement Funds Wisely

Use your compensation to cover unpaid medical bills, ongoing care, lost income, and any necessary life adjustments.

Resolve Medical Liens

If health insurers or providers paid for your treatment, they may place a lien on your settlement. Your attorney can negotiate these liens so you retain more of your funds.

Navigating a personal injury claim can be complex and overwhelming. At Matthew R. Boren, we are committed to providing personalized and effective legal representation to ensure your rights are protected and you receive the compensation you deserve. Contact us today for a free consultation, and let us guide you through this challenging time with expertise and compassion.

In Florida, Personal Injury Protection (PIP) insurance—often referred to as “no-fault” insurance—is mandatory for all drivers and provides coverage for medical bills, lost wages, and certain other expenses after a car accident, regardless of who was at fault.

Let’s take a deeper look at how it works, what it covers, and what Florida drivers need to know to protect themselves.

So What Does “No-Fault” Mean—And Why Does Florida Do It This Way?

Florida is one of a handful of states that follows a “no-fault” insurance model. That means after most car accidents, you’ll turn to your own PIP coverage to pay for your medical expenses and certain related costs—even if someone else caused the crash.

Why Florida Uses the No-Fault System

The goal of the no-fault system is to reduce the number of lawsuits clogging up the courts by handling minor injury claims through insurance rather than litigation. It also allows injured drivers and passengers to get prompt medical treatment without waiting for a liability investigation or lawsuit to be resolved.

But while this system speeds up access to care, it has drawbacks—especially for those with serious injuries, which we’ll cover below.

What Does PIP Insurance Cover?

Under Florida law, PIP provides coverage up to $10,000 per person, per accident, and includes:

• Medical Expenses: 80% of necessary and reasonable medical costs, including ER visits, surgeries, diagnostic tests, and rehabilitation services.
• Lost Wages: 60% of income lost due to injuries that prevent you from working.
• Replacement Services: Costs for help with household tasks you can’t perform due to injury, like cleaning or childcare.
• Death Benefits: A $5,000 death benefit to help with funeral and burial expenses if the accident is fatal.

Important note: PIP only covers medical treatment that’s considered emergency care. If your injury is not deemed an emergency, your coverage may be limited to just $2,500.

Seeking Treatment Within the PIP Coverage Time Window

One of the most important rules with PIP insurance is the 14-day rule.

In Florida, you must seek medical care within 14 days of the accident to qualify for PIP benefits. This treatment must come from a qualified healthcare provider, such as:

• A medical doctor (MD or DO)
• Chiropractor
• Dentist
• Hospital facility
• Licensed emergency medical personnel

Failing to get treated within that window may result in a denial of your benefits—even if you’re genuinely injured. So even if you feel “fine” after a crash, it’s smart to get evaluated as soon as possible.

Coordination With Other Benefits: Health Insurance and Beyond

PIP is often your first line of coverage, but it’s not always the only one.

• Health Insurance: After your PIP benefits are exhausted, your health insurance may step in to cover additional medical costs—though deductibles and copays may still apply.
• MedPay (Medical Payments Coverage): Some Florida drivers also carry optional MedPay, which can help fill in coverage gaps.
• Bodily Injury Claims: If you suffer serious injuries and another driver was at fault, you may be able to pursue a personal injury claim for damages beyond what PIP covers, including pain and suffering.

Coordination of these benefits can be complicated—which is why having legal representation is often crucial in maximizing your compensation.

Why You Shouldn’t Settle for PIP Coverage If You’ve Been Injured

While PIP offers quick financial relief, it’s often not enough if your injuries are serious. Here’s why:

• No Pain and Suffering Damages: PIP doesn’t compensate you for emotional distress, pain, or reduced quality of life.
• Limited Financial Support: Between the $10,000 cap and percentage-based coverage (only 80% of medical bills, 60% of lost wages), many people still face large out-of-pocket expenses.
• Denial for Non-Emergency Conditions: If your injuries aren’t classified as an emergency, your benefits could be slashed to $2,500.

If another driver was negligent—or if your injuries will impact your life long-term—you may be entitled to far more than PIP offers.

Final Thoughts: Know Your Rights After an Accident

PIP insurance is a legal requirement in Florida, but it’s only the starting point for protecting your health and finances after a car accident. While it ensures fast access to treatment, it has clear limitations—and should never be the end of the road if you’ve been seriously hurt.

Don’t Let the Insurance Company Decide What You Deserve

If you’ve been injured in a Florida car accident, contact Matthew R. Boren today for a free consultation. We’ll help you understand your options, protect your rights, and pursue the full compensation you deserve—beyond the limits of PIP.

There’s no guaranteed timeline for receiving a settlement after a deposition — it could take days, weeks, or even months. The timing depends on a range of factors like the complexity of the case, the willingness of both sides to negotiate, and how compelling the evidence is.

While some cases resolve shortly after depositions, others may require extended negotiations or even proceed to trial. Let’s break down why.

What Is a Deposition?

A deposition is a formal process where witnesses share their version of events under oath, usually as part of preparing for a personal injury case. It’s an opportunity to gather detailed testimony from people involved in—or who witnessed—an accident, such as a car crash or slip and fall.

Depositions can be conducted in person, over video, or even by phone depending on the circumstances, and they follow specific rules laid out in Florida Rule of Civil Procedure 1.310.

In many personal injury cases, several people may be deposed. This can include not only eyewitnesses but also the individuals directly involved in the incident. These testimonies help us build a clear, accurate picture of what happened, which is essential when negotiating with insurance companies or preparing for trial.

Depositions are typically one of the final steps before we present your case in court. They play a critical role in making sure we have all the facts we need to fight for the compensation you deserve.

What Happens After a Deposition?

A deposition is a critical part of the discovery phase in a lawsuit. It’s essentially a formal, recorded Q&A session where attorneys ask witnesses — including the plaintiff, defendant, and expert witnesses — to testify under oath. The goal? To get a clearer picture of the facts before heading to court or settlement talks.

Once the deposition is completed:

• The court reporter transcribes everything said into an official record.
  
• Attorneys review the testimony to identify strengths and weaknesses in their case.
  
• This insight helps both parties evaluate the likelihood of success at trial — and whether settlement makes more sense.
  

In many instances, depositions can be the turning point. If a defendant sees that your case is strong and well-supported by evidence, they may be more inclined to settle instead of risking an unfavorable trial verdict.

Key Factors That Influence Settlement Timing

Several variables play into how quickly (or slowly) you may receive a settlement after your deposition:

1. Case Complexity

Simple auto accident cases may settle within weeks after depositions, especially if liability is clear and injuries are well-documented. But more complex cases — like those involving multiple defendants, disputed fault, or catastrophic injuries — often require more time to resolve.

2. Strength of Evidence

If your deposition clearly shows the defendant was at fault and you have solid medical records and expert opinions, settlement could follow quickly. On the other hand, if key details are unclear or contradictory, expect a longer process.

3. Willingness to Negotiate

Some insurance companies or opposing attorneys may delay intentionally, hoping to wear down plaintiffs. Others may come to the table quickly if they believe a fair deal is in reach.

4. Legal Strategy

Your attorney may advise waiting if your medical treatment is ongoing or if new evidence could boost your compensation. Defense attorneys may use delay tactics or request follow-up depositions to strengthen their position.

5. Court and Scheduling Issues

Even if both parties are open to settling, logistics can slow things down. Court backlogs, delayed mediation sessions, or unresponsive third parties (like insurance adjusters) can create bottlenecks.

Can You Settle Immediately After a Deposition?

Yes — in some cases, settlement negotiations begin almost immediately after depositions are completed. If your deposition reveals strong liability and damages, the defense may act fast to avoid going to trial.

However, just as often, there may be additional steps:

• Reviewing expert reports or medical evaluations.
• Waiting on further discovery or motions.
• Scheduling mediation or settlement conferences.

That’s why having an experienced attorney is so valuable — they can keep the momentum going, manage expectations, and negotiate aggressively on your behalf.

Bottom Line: Be Prepared for Flexibility

Every personal injury case is unique. While some settle quickly after a deposition, others take longer due to the many moving parts involved. A reasonable estimate might be anywhere from a few weeks to a few months post-deposition — depending on your case’s specifics.

What matters most is that you don’t rush into a lowball settlement just to get it over with. The deposition process often strengthens your position — use it wisely.

Get the Legal Support You Deserve

If you’re wondering what comes next after your deposition or how to get the settlement you deserve, don’t go it alone. Contact Matthew R. Boren today to schedule a free consultation. Our experienced team will guide you through the process, protect your rights, and fight for the full compensation you’re entitled to.