How much does a personal injury lawyer cost in Florida?

At Orlan Injury Law, we work on a contingency fee basis — meaning you pay nothing unless we win your case. There are no upfront costs or hourly fees. Our fee comes as a percentage of your settlement or verdict.

How long do I have to file a personal injury claim in Florida?

In Florida, the statute of limitations for most personal injury cases is two years from the date of the accident. It is important to contact an attorney as soon as possible to preserve evidence and protect your rights.

What types of cases does Orlan Injury Law handle?

Orlan Injury Law handles car accidents, truck accidents, motorcycle accidents, slip and fall injuries, medical malpractice, wrongful death, negligent security, premises liability, construction accidents, dog bites, and nursing home abuse cases throughout Florida.

How much does a personal injury lawyer cost in Florida?

At Orlan Injury Law, we work on a contingency fee basis — meaning you pay nothing unless we win your case. There are no upfront costs or hourly fees. Our fee comes as a percentage of your settlement or verdict.

How long do I have to file a personal injury claim in Florida?

In Florida, the statute of limitations for most personal injury cases is two years from the date of the accident. It is important to contact an attorney as soon as possible to preserve evidence and protect your rights.

What types of cases does Orlan Injury Law handle?

Orlan Injury Law handles car accidents, truck accidents, motorcycle accidents, slip and fall injuries, medical malpractice, wrongful death, negligent security, premises liability, construction accidents, dog bites, and nursing home abuse cases throughout Florida.

Car Accidents

What to Do Immediately After a Car Accident in Florida

Q: How much is my personal injury case worth?

The value of a personal injury case depends on factors including the severity of your injuries, medical expenses, lost wages, pain and suffering, and the available insurance coverage. Contact Orlan Injury Law for a free consultation to discuss the potential value of your case.

By Joshua E. Orlan, Esq. · 5 min read

Being involved in a car accident is overwhelming. The decisions you make in the minutes and hours following a crash can have a significant impact on your health, your safety, and your ability to recover fair compensation.

1. Check for Injuries and Call 911

Your safety is the top priority. Call 911 immediately. A police report is one of the most important documents in a personal injury claim — it creates an official record of what happened. Do not leave the scene before police arrive.

2. Seek Medical Attention — Even If You Feel Fine

Many serious injuries, including whiplash, concussions, and internal injuries, do not present immediate symptoms. Seeing a doctor as soon as possible protects your health and creates a medical record linking your injuries to the accident. Insurance companies aggressively argue that gaps in treatment mean your injuries were not serious.

3. Document Everything at the Scene

Take photos of all vehicles, damage, road conditions, traffic signals, skid marks, and visible injuries. Get the names, phone numbers, and insurance information of all drivers and witnesses.

4. Do Not Admit Fault

Even a simple "I'm sorry" can be used against you later. Florida follows a comparative negligence system — let the police and insurance adjusters determine fault based on evidence.

5. Report to Your Insurance Company

Florida is a no-fault state. Your own insurance pays initial medical bills through PIP coverage. Report the accident promptly, but stick to basic facts. You are not required to give a recorded statement to the other driver's insurer.

6. Contact a Personal Injury Attorney First

Insurance adjusters may contact you within hours. Having an attorney before you speak with them levels the playing field dramatically. At Orlan Injury Law, we offer free consultations and charge no fees unless we win your case.

Were you injured in a car accident in Florida? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Know Your Rights

Florida Personal Injury Statute of Limitations: What You Need to Know

By Joshua E. Orlan, Esq. · 4 min read

If you have been injured in an accident in Florida, one of the most important things you need to understand is the statute of limitations — the legal deadline for filing a lawsuit. Miss this deadline and you may permanently lose your right to seek compensation.

What Is the Deadline?

As of 2023, Florida reduced its personal injury statute of limitations to two years from the date of the accident. Wrongful death claims also carry a two-year deadline from the date of death.

Why Does This Matter?

If you file a lawsuit after the deadline, the court will dismiss it — regardless of how strong your evidence is. Your case is gone permanently.

Are There Exceptions?

Yes, in limited circumstances. The clock may be paused if the injured person is a minor, if the defendant concealed their identity, or if the injured person was mentally incapacitated. These exceptions are narrow and should never be relied upon without consulting an attorney.

Do Not Wait

Two years sounds like a long time, but personal injury cases require extensive investigation. Evidence disappears, memories fade, and witnesses become harder to locate. The sooner you begin, the stronger your case will be.

Do not let the clock run out. Contact Orlan Injury Law today for a free consultation.

Settlement

How Much Is My Personal Injury Case Worth in Florida?

By Joshua E. Orlan, Esq. · 6 min read

This is the question almost every injury victim asks first. The honest answer is: it depends. But here is a clear breakdown of how case values are determined in Florida.

Economic Damages

These are measurable financial losses: past and future medical expenses, lost wages and lost earning capacity, future rehabilitation costs, property damage, and out-of-pocket expenses related to your injury.

Non-Economic Damages

These compensate for losses that are real but harder to quantify: pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Key Factors That Affect Value

Severity of injuries: Catastrophic injuries result in significantly higher settlements. Medical documentation: Consistent, thorough records directly impact case value. Liability clarity: Clear-cut fault cases settle for more. Available insurance: Policy limits can cap recovery. Life impact: Documented effects on work and daily life strengthen non-economic claims.

Never Accept the First Offer

Insurance companies routinely make early offers that are a fraction of what a case is truly worth. One of our clients was told to settle for a small amount by another attorney — after coming to Orlan Injury Law, he received a settlement 15 times larger.

Wondering what your case is worth? Call Orlan Injury Law at 954-281-2540 for a free evaluation.

Insurance

Why Insurance Companies Lowball Personal Injury Settlements

By Joshua E. Orlan, Esq. · 5 min read

Insurance companies are for-profit businesses. Their financial interest is directly opposed to yours. Understanding their tactics is the first step to protecting yourself.

The Adjuster's Real Job

When you file a claim, an adjuster is assigned to your case. Their primary goal is to close your claim for as little money as possible. They are trained negotiators who know most unrepresented claimants will accept whatever they offer.

Common Tactics

Moving quickly: Adjusters contact victims within hours, before you understand your injuries or consult an attorney. Recorded statements: They ask for recorded statements that can be used to minimize your claim — you are not required to give one. Disputing injuries: They argue injuries are less severe or caused by pre-existing conditions. Delay tactics: The longer your case drags on, the more financial pressure you feel to accept a low offer.

The Solution

RJ Barnett spent years in insurance defense before joining the plaintiff's side. He knows exactly how these companies evaluate claims and what evidence they look for. That inside knowledge gives our clients a real strategic advantage. When you have legal representation, the dynamic shifts entirely.

Do not let an insurance company take advantage of you. Call Orlan Injury Law before speaking to any adjuster.

Slip & Fall

Slip and Fall Accidents in Florida: Proving Liability

By Joshua E. Orlan, Esq. · 5 min read

Slip and fall cases are among the most common personal injury cases in Florida — and among the most challenging to win. Here is what Florida law requires to hold a property owner liable.

What You Must Prove

Under Florida law, you generally must prove three things: the property owner knew or should have known about the dangerous condition, they failed to fix it or warn visitors, and this failure directly caused your injuries.

The "Knew or Should Have Known" Standard

This is often the most contested element. You must show the dangerous condition existed long enough that a reasonable property owner should have discovered and addressed it. Surveillance footage, incident reports, and witness statements can establish how long the hazard existed.

Common Hazards

Wet floors without warning signs, uneven pavement, poor lighting, broken handrails, and debris in walkways. These accidents happen in grocery stores, restaurants, hotels, apartments, and parking lots daily across Florida.

What to Do After a Slip and Fall

Report the incident immediately and request a written incident report. Photograph the hazard before it is fixed. Seek medical attention right away. Get witness contact information. Contact an attorney before speaking to the property owner's insurer.

Injured in a slip and fall in Florida? Contact Orlan Injury Law for a free case evaluation.

Process

How Long Does a Personal Injury Case Take in Florida?

By Joshua E. Orlan, Esq. · 4 min read

How long is this going to take? It is one of the most common questions we hear. Here is an honest breakdown of the personal injury process in Florida.

Phase 1: Medical Treatment (Weeks to Months)

We generally wait until you reach Maximum Medical Improvement (MMI) before valuing your case. Settling before MMI risks undervaluing your claim because the full extent of your damages is not yet known.

Phase 2: Pre-Suit Negotiation (1–6 Months)

We gather records, bills, and evidence and submit a demand to the insurance company. Many cases resolve here without filing a lawsuit.

Phase 3: Filing a Lawsuit (If Necessary)

If the insurer refuses fair compensation, we file a lawsuit. Most cases still settle before trial — but filing signals seriousness and often prompts better offers.

Phase 4: Discovery (6–18 Months)

Both sides exchange information through depositions, document requests, and expert disclosures.

Phase 5: Trial or Settlement

Most cases settle before trial. From start to finish, a contested case typically takes one to three years. Pre-suit settlements can happen in three to six months.

Have questions about your case timeline? Call Orlan Injury Law at 954-281-2540 for an honest assessment.

Uninsured Drivers

What Happens If the Other Driver Has No Insurance in Florida?

By Joshua E. Orlan, Esq. · 5 min read

Florida consistently ranks among the states with the highest rates of uninsured drivers. If you are hit by someone with no insurance, you are not without options — but you need to act quickly and strategically.

Florida's No-Fault System and PIP

Because Florida is a no-fault state, your own Personal Injury Protection (PIP) insurance pays your initial medical bills and lost wages regardless of who caused the accident. PIP covers up to $10,000 in medical expenses and 60% of lost wages. For minor injuries, this may be sufficient. For serious injuries, it will not be.

Uninsured Motorist Coverage: Your Most Important Protection

If you have Uninsured Motorist (UM) coverage on your own policy, this is your primary avenue for recovery when the at-fault driver has no insurance. UM coverage steps into the shoes of the uninsured driver and pays damages up to your policy limits. In Florida, insurers are required to offer UM coverage, though drivers can reject it in writing. If you do not currently have UM coverage, call your insurer today.

Can You Sue an Uninsured Driver Directly?

Yes — but it is often not practical. Even if you win a judgment against an uninsured driver, collecting from someone with no assets is extremely difficult. An experienced attorney can help you assess whether a direct lawsuit makes sense in your specific situation.

What to Do at the Scene

Get the driver's information even if they have no insurance. Document everything. Call police immediately — an official report is essential. And contact an attorney before making any claims with your own insurer.

Hit by an uninsured driver in Florida? Call Orlan Injury Law at 954-281-2540. We know how to maximize your recovery even when the other driver has no insurance.

Insurance

Florida PIP Insurance Explained: What Does It Actually Cover?

By Joshua E. Orlan, Esq. · 5 min read

Florida's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. Understanding exactly what PIP covers — and where it falls short — is essential for anyone injured in a Florida car accident.

What PIP Covers

Florida PIP covers 80% of reasonable medical expenses up to $10,000, 60% of lost wages up to $10,000, and $5,000 in death benefits. Coverage applies to you, your household family members, and passengers in your vehicle who do not have their own PIP coverage. PIP applies regardless of who caused the accident.

The Emergency Medical Condition Requirement

There is an important caveat: to receive the full $10,000 in PIP benefits, your injury must be classified as an Emergency Medical Condition (EMC) by a licensed physician. If your injury is not classified as an EMC, your PIP benefits are capped at $2,500. This is why seeing a doctor immediately after an accident is so important.

Where PIP Falls Short

For serious injuries, $10,000 barely covers an emergency room visit. PIP does not cover pain and suffering, property damage, or medical expenses beyond the policy limit. This is where a personal injury claim against the at-fault driver becomes essential.

Stepping Outside the No-Fault System

Florida law allows you to step outside the no-fault system and sue the at-fault driver directly if your injuries meet the serious injury threshold — which includes significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death. An experienced attorney can assess whether your injuries meet this threshold.

Confused about your insurance coverage after an accident? Call Orlan Injury Law — we will explain your options clearly and at no cost.

Fault & Liability

Can I Sue If I Was Partially at Fault for My Florida Accident?

By Joshua E. Orlan, Esq. · 4 min read

One of the most common concerns injury victims have is: what if I was partially at fault? Many people assume that being even partially responsible for an accident bars them from recovering anything. In Florida, that is not entirely true — but the law recently changed in a way that makes it more important than ever to have an attorney.

Florida's Modified Comparative Negligence Law

As of March 2023, Florida adopted a modified comparative negligence system. Under this law, you can still recover compensation if you were partially at fault — but only if you were 50% or less at fault for the accident. If you are found to be more than 50% responsible, you are barred from recovery entirely.

Your compensation is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 30% at fault, you would recover $70,000.

Why This Change Matters

Before 2023, Florida used a pure comparative negligence system that allowed recovery even if you were 99% at fault. The new law makes the determination of fault percentages absolutely critical. Insurance companies will aggressively argue that you were more than 50% responsible in order to eliminate your claim entirely.

Do Not Accept the Insurance Company's Fault Assessment

Insurance adjusters are not neutral fact-finders. They are motivated to assign as much fault to you as possible. An experienced attorney will investigate the accident thoroughly, gather evidence, consult accident reconstruction experts if necessary, and fight to ensure fault is assigned fairly.

Were you partially at fault in a Florida accident? Do not assume you have no case. Call Orlan Injury Law for a free evaluation.

Truck Accidents

Truck Accident vs. Car Accident: Why Truck Cases Are Different

By Joshua E. Orlan, Esq. · 5 min read

If you have been injured in a collision involving a commercial truck, semi-truck, or 18-wheeler, you are dealing with a fundamentally different type of case than a standard car accident. The injuries are often more severe, the legal landscape is more complex, and the stakes are significantly higher.

Multiple Potentially Liable Parties

In a car accident, you typically have one at-fault driver and one insurance company. In a truck accident, liability may extend to the truck driver, the trucking company, the cargo loader, the truck owner, the vehicle manufacturer, and even a maintenance company. Identifying all liable parties — and the insurance policies that cover them — requires experience and thorough investigation.

Federal Regulations

Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern everything from hours of service (how long a driver can operate without rest) to vehicle maintenance requirements to drug testing. Violations of these regulations can be powerful evidence of negligence — but you need an attorney who knows where to look and how to use them.

Evidence Preservation Is Critical

Commercial trucks are equipped with electronic logging devices (ELDs) that record driving hours, speed, and braking data. This evidence can be overwritten or destroyed if not preserved quickly with a legal hold letter. The sooner you contact an attorney after a truck accident, the better your chances of securing this critical evidence.

Higher Insurance Coverage

Commercial trucking companies are required to carry significantly higher insurance coverage than personal vehicles — often $1 million or more. This means more is available to compensate you for serious injuries, but it also means the trucking company will have a team of aggressive attorneys and adjusters working to minimize your claim from day one.

Injured in a truck accident in Florida? Call Orlan Injury Law immediately at 954-281-2540. Time is critical in preserving evidence.

Pre-Existing Conditions

Does a Pre-Existing Condition Hurt My Personal Injury Case?

By Joshua E. Orlan, Esq. · 5 min read

One of the most common tactics insurance companies use to minimize personal injury settlements is pointing to pre-existing conditions. If you had a prior back injury, arthritis, or any other medical history, the insurer will argue your current pain is not from the accident at all. Here is the truth about how Florida law handles pre-existing conditions.

The Eggshell Plaintiff Rule

Florida follows what is known as the "eggshell plaintiff" doctrine — the legal principle that a defendant must take the plaintiff as they find them. In plain English: if you had a pre-existing vulnerability that made your injuries worse than they would have been for a healthier person, the at-fault party is still fully responsible for the harm they caused.

The "Aggravation of Pre-Existing Condition" Claim

Even if the accident did not cause a brand new injury, you may still have a valid claim if the accident aggravated, accelerated, or worsened a pre-existing condition. You are entitled to compensation for the difference between how you were before the accident and how you are after — not zero.

Why Medical Records Matter So Much

Having clear, documented medical records from before the accident is actually helpful in these cases because it establishes a baseline. A good attorney will use your pre-accident records to demonstrate exactly what changed — and why the accident is responsible for that change.

Do Not Let Insurance Companies Discourage You

When an insurance adjuster finds out about a pre-existing condition, they often use it as an excuse to deny your claim or offer a lowball settlement. Do not accept this without consulting an attorney. Pre-existing conditions are common and manageable in personal injury cases with the right legal representation.

Have a pre-existing condition and were injured in an accident? Call Orlan Injury Law — your medical history does not disqualify you from fair compensation.

Local

What to Look for in a Car Accident Attorney in Coral Springs

By Joshua E. Orlan, Esq. · 5 min read

After a car accident in Coral Springs or anywhere in Broward County, choosing the right attorney can be the difference between a fair settlement and being left with unpaid bills and uncompensated suffering. Here is exactly what to look for — and what to avoid.

Look for a Firm That Handles Your Case Personally

Many large personal injury firms sign clients and then hand cases off to paralegals or junior associates. You deserve an attorney who knows your case, answers your calls, and is personally invested in your outcome. At Orlan Injury Law, Josh and the team handle every case directly — you will never be passed off to someone who does not know your name.

Trial Experience Matters

Insurance companies know which attorneys are willing to go to trial and which ones always settle. Firms with genuine trial experience — and a track record of verdicts — get better settlement offers because insurers know they cannot bluff them. Ask any prospective attorney about their trial experience before hiring them.

Look for Transparency About Fees

Personal injury attorneys work on contingency, meaning no fees unless they win. But the percentage varies and some firms charge for costs even if you lose. Make sure you understand exactly what you will owe before signing anything.

Check Real Reviews

Look at Google reviews specifically — they are harder to manipulate than testimonials on an attorney's own website. Pay attention to reviews that mention communication, responsiveness, and outcomes.

Local Knowledge Matters

An attorney who practices in Broward County knows the local courts, the judges, and the insurance adjusters who handle local claims. That familiarity translates into strategic advantages that out-of-area firms simply cannot replicate.

Looking for a personal injury attorney in Coral Springs or Broward County? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Wrongful Death

Florida Wrongful Death Claims: Who Can File and What Can You Recover?

By Joshua E. Orlan, Esq. · 5 min read

Losing a loved one because of someone else's negligence is an unimaginable tragedy. Florida's Wrongful Death Act gives surviving family members the right to seek justice and financial compensation — but the law is complex and the rules about who can file are specific.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased's estate — typically the executor named in the will. The lawsuit is brought on behalf of the estate and the surviving family members, which may include a surviving spouse, children, parents, and blood or adoptive relatives who were partly or wholly dependent on the deceased.

What Damages Can Be Recovered?

Florida's Wrongful Death Act allows recovery for medical and funeral expenses, lost earnings and benefits the deceased would have earned, loss of companionship and protection for a surviving spouse, loss of parental companionship for minor children, pain and suffering of surviving family members, and the deceased's own pain and suffering prior to death.

The Two-Year Deadline

Wrongful death claims in Florida must be filed within two years of the date of death. Do not wait — evidence must be preserved, witnesses must be identified, and the legal process takes time.

Common Causes of Wrongful Death Cases

Car and truck accidents, medical malpractice, premises liability accidents, workplace accidents, and criminal acts are among the most common causes of wrongful death claims in Florida.

Lost a loved one due to someone else's negligence? Call Orlan Injury Law at 954-281-2540. We handle these cases with the care and dignity your family deserves.

Nursing Home Abuse

Nursing Home Abuse in Florida: Signs to Watch For and What to Do

By Joshua E. Orlan, Esq. · 5 min read

Florida has one of the largest elderly populations in the country — and unfortunately, one of the highest rates of nursing home abuse and neglect. If your loved one is in a care facility, knowing the warning signs and your legal options is essential.

Types of Nursing Home Abuse

Abuse in care facilities takes many forms: physical abuse including hitting or improper restraint, emotional and psychological abuse, sexual abuse, financial exploitation, and neglect — which is the most common form and includes failure to provide adequate food, water, hygiene, medication, or medical care.

Warning Signs to Watch For

Unexplained bruises, cuts, or injuries. Sudden weight loss or signs of dehydration. Poor hygiene or unsanitary living conditions. Pressure sores or bedsores, which indicate a resident is not being repositioned regularly. Withdrawal, depression, or fearfulness. Unexplained changes in financial accounts or missing belongings. Staff who refuse to allow private visits or seem evasive when asked questions.

What to Do If You Suspect Abuse

Document everything — take photographs of any visible injuries or conditions. Report your concerns to the facility administrator in writing. File a complaint with Florida's Agency for Health Care Administration (AHCA) and the Long-Term Care Ombudsman. If you believe there is immediate danger, call 911. And contact a personal injury attorney who handles nursing home cases.

Your Legal Rights

Florida law provides strong protections for nursing home residents. Facilities can be held liable for abuse, neglect, and violations of residents' rights. Compensation may include medical expenses, pain and suffering, and in cases of egregious conduct, punitive damages.

Suspect a loved one is being abused in a Florida nursing home? Call Orlan Injury Law at 954-281-2540. We will fight for their dignity and their rights.

Dog Bites

Dog Bite Laws in Florida: Strict Liability Explained

By Joshua E. Orlan, Esq. · 4 min read

Florida has some of the strongest dog bite laws in the country for victims. If you or a loved one has been attacked by a dog in Florida, here is what you need to know about your rights.

Florida's Strict Liability Standard

Under Florida Statute 767.04, dog owners are strictly liable for bites that occur in a public place or lawfully in a private place — regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous. This is known as strict liability, and it is a significant protection for victims.

In many states, victims must prove the owner knew the dog was dangerous — the so-called "one bite rule." Florida has no such requirement.

What Damages Can You Recover?

Dog bite victims in Florida can recover medical expenses including emergency care, surgery, and ongoing treatment, lost wages, pain and suffering, emotional distress, and compensation for permanent scarring or disfigurement, which is common in dog bite cases.

Comparative Negligence and Provocation

There are two main defenses available to dog owners in Florida. If the victim was trespassing, the owner may not be liable. And if the victim provoked the dog, their compensation may be reduced in proportion to their fault. Children are generally given more protection in these situations because they may not understand that their actions provoked an animal.

Act Quickly

Report the bite to animal control immediately. Seek medical treatment — dog bites carry serious infection risks. Document your injuries with photographs. Get the owner's information and any witness information. And contact an attorney before speaking with the owner's homeowner's insurance company.

Bitten by a dog in Florida? Call Orlan Injury Law at 954-281-2540 for a free consultation. Florida law is on your side.

Local

Most Dangerous Roads and Intersections in Broward County

By Joshua E. Orlan, Esq. · 4 min read

Broward County consistently ranks among the most dangerous counties in Florida for traffic fatalities and serious injuries. Understanding where accidents happen most frequently — and why — can help drivers stay safe. And if you are injured on one of these roads, knowing that a location has a documented history of accidents can actually strengthen your personal injury claim.

Most Dangerous Roads in Broward County

US-1 (Federal Highway): Running the length of the county, US-1 is one of the most dangerous corridors in South Florida, with high pedestrian accident rates and frequent rear-end and T-bone collisions at its many traffic signals.

I-95: Florida's most dangerous highway passes directly through Broward County. High speeds, heavy truck traffic, and aggressive driving make it the site of numerous fatal crashes each year.

US-441 (State Road 7): A heavily trafficked commercial corridor with multiple dangerous intersections, particularly in Lauderdale Lakes, Margate, and North Lauderdale.

Sunrise Boulevard: A major east-west artery with a history of pedestrian fatalities and high-speed crashes, particularly around the Turnpike interchange.

Sample Road: Running through Coral Springs, Coconut Creek, and Margate, Sample Road sees frequent accidents at major intersections including Lyons Road and University Drive.

What This Means for Your Case

When accidents occur repeatedly at the same location, it can indicate a design defect, inadequate signage, or a maintenance failure — which means the government entity responsible for that road may share liability for your injuries. An experienced attorney will investigate whether road conditions contributed to your accident.

Injured in an accident on a Broward County road? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Settlement

Florida Car Accident Settlements: How Long Does It Take to Get Paid?

By Joshua E. Orlan, Esq. · 4 min read

You have reached a settlement in your Florida personal injury case — congratulations. But when does the money actually arrive? Many clients are surprised to learn that settling a case and receiving payment are two different milestones, sometimes separated by weeks. Here is exactly what happens after a settlement is reached.

Step 1: Signing the Release (1–2 Weeks)

Once a settlement amount is agreed upon, the insurance company will send a Release of All Claims — a legal document that formally ends your right to pursue further claims related to the accident in exchange for the settlement payment. Your attorney will review this carefully before you sign. Some releases contain problematic language that needs to be negotiated. This process typically takes one to two weeks.

Step 2: The Insurance Company Processes Payment (2–4 Weeks)

After the signed release is returned to the insurance company, they typically have 20 days under Florida law to issue the settlement check. In practice, payment often arrives within two to four weeks of the executed release. The check is typically made payable to both you and your attorney's firm and is deposited into a client trust account.

Step 3: Resolving Liens and Medical Bills (1–4 Weeks)

Before you receive your portion of the settlement, any outstanding medical liens must be resolved. Health insurers, Medicare, Medicaid, and medical providers who treated you on a lien basis have a legal right to be reimbursed from your settlement proceeds. Your attorney negotiates these liens — often significantly reducing them — before funds are disbursed. This is one of the most important things a good attorney does for you post-settlement.

Step 4: Disbursement to You

Once liens are resolved and all deductions are calculated — attorney fees, costs advanced, and lien payoffs — your attorney will provide you with a detailed settlement statement and issue your check. From settlement agreement to money in your hands, the typical timeline is four to eight weeks for straightforward cases. Complex cases with significant liens or disputes can take longer.

What You Can Do to Speed Things Up

Respond promptly when your attorney requests signatures or information. Make sure all your medical providers have been identified early in the process so lien resolution can begin quickly. And choose an attorney with strong systems for post-settlement administration — this is where many firms drop the ball.

Have questions about your settlement timeline? Call Orlan Injury Law at 954-281-2540. We keep our clients informed every step of the way.

Know Your Rights

Injured in Someone Else's Car in Florida: What Are Your Rights?

By Joshua E. Orlan, Esq. · 5 min read

You were a passenger in a friend's or family member's car when an accident happened. Now you are injured, dealing with medical bills, and wondering — whose insurance covers me? Can I sue? Will this damage my relationship with the driver? Here is a clear breakdown of your rights as an injured passenger in Florida.

Your Rights as a Passenger Are Strong

As a passenger, you were almost certainly not at fault for the accident. This puts you in a strong legal position. Florida law allows injured passengers to pursue claims against any at-fault party — including the driver of the vehicle you were in, the driver of another vehicle, or both.

Florida PIP Covers You First

Because Florida is a no-fault state, your first source of coverage as a passenger depends on whether you have your own PIP insurance. If you do, your own PIP pays your initial medical bills up to your policy limits. If you do not have your own PIP, the PIP coverage of the vehicle you were riding in covers you. This applies regardless of who caused the accident.

Claiming Against the Driver Who Was at Fault

If your injuries are serious enough to exceed PIP coverage or meet Florida's serious injury threshold, you can bring a claim against the at-fault driver — even if that driver is your friend or family member. In practice, you are not suing them personally — you are making a claim against their auto insurance policy. This is an important distinction that most people miss.

What If Both Drivers Were at Fault?

Florida's comparative negligence system means that if both drivers share fault, you can potentially claim against both insurance policies. An experienced attorney will identify all available coverage and pursue every avenue of recovery on your behalf.

Uninsured and Underinsured Motorist Coverage

If the at-fault driver has no insurance or insufficient coverage, your own Uninsured Motorist coverage — or the UM coverage on the vehicle you were in — may apply. UM coverage is one of the most important protections available in these situations.

Do Not Let Personal Relationships Stop You

Many passengers hesitate to pursue claims against friends or family members out of concern for the relationship. Remember: you are not taking money from them personally — you are filing a claim against an insurance policy they pay premiums for specifically to cover situations like this. A good attorney will handle the process professionally and sensitively.

Injured as a passenger in a Florida car accident? Call Orlan Injury Law at 954-281-2540. You have rights — let us fight for them.

Uninsured Drivers

What Happens If the Other Driver Has No Insurance in Florida?

By Joshua E. Orlan, Esq. · 5 min read

Florida consistently ranks among the states with the highest rates of uninsured drivers. If you are hit by someone with no insurance, you are not without options — but you need to act quickly and strategically.

Florida's No-Fault System and PIP

Because Florida is a no-fault state, your own Personal Injury Protection (PIP) insurance pays your initial medical bills and lost wages regardless of who caused the accident. PIP covers up to $10,000 in medical expenses and 60% of lost wages. For minor injuries, this may be sufficient. For serious injuries, it will not be.

Uninsured Motorist Coverage: Your Most Important Protection

If you have Uninsured Motorist (UM) coverage on your own policy, this is your primary avenue for recovery when the at-fault driver has no insurance. UM coverage steps into the shoes of the uninsured driver and pays damages up to your policy limits. In Florida, insurers are required to offer UM coverage, though drivers can reject it in writing. If you do not currently have UM coverage, call your insurer today.

Can You Sue an Uninsured Driver Directly?

Yes — but it is often not practical. Even if you win a judgment against an uninsured driver, collecting from someone with no assets is extremely difficult. An experienced attorney can help you assess whether a direct lawsuit makes sense in your specific situation.

What to Do at the Scene

Get the driver's information even if they have no insurance. Document everything. Call police immediately — an official report is essential. And contact an attorney before making any claims with your own insurer.

Hit by an uninsured driver in Florida? Call Orlan Injury Law at 954-281-2540. We know how to maximize your recovery even when the other driver has no insurance.

Insurance

Florida PIP Insurance Explained: What Does It Actually Cover?

By Joshua E. Orlan, Esq. · 5 min read

Florida's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. Understanding exactly what PIP covers — and where it falls short — is essential for anyone injured in a Florida car accident.

What PIP Covers

Florida PIP covers 80% of reasonable medical expenses up to $10,000, 60% of lost wages up to $10,000, and $5,000 in death benefits. Coverage applies to you, your household family members, and passengers in your vehicle who do not have their own PIP coverage. PIP applies regardless of who caused the accident.

The Emergency Medical Condition Requirement

There is an important caveat: to receive the full $10,000 in PIP benefits, your injury must be classified as an Emergency Medical Condition (EMC) by a licensed physician. If your injury is not classified as an EMC, your PIP benefits are capped at $2,500. This is why seeing a doctor immediately after an accident is so important.

Where PIP Falls Short

For serious injuries, $10,000 barely covers an emergency room visit. PIP does not cover pain and suffering, property damage, or medical expenses beyond the policy limit. This is where a personal injury claim against the at-fault driver becomes essential.

Stepping Outside the No-Fault System

Florida law allows you to step outside the no-fault system and sue the at-fault driver directly if your injuries meet the serious injury threshold — which includes significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death. An experienced attorney can assess whether your injuries meet this threshold.

Confused about your insurance coverage after an accident? Call Orlan Injury Law — we will explain your options clearly and at no cost.

Fault & Liability

Can I Sue If I Was Partially at Fault for My Florida Accident?

By Joshua E. Orlan, Esq. · 4 min read

One of the most common concerns injury victims have is: what if I was partially at fault? Many people assume that being even partially responsible for an accident bars them from recovering anything. In Florida, that is not entirely true — but the law recently changed in a way that makes it more important than ever to have an attorney.

Florida's Modified Comparative Negligence Law

As of March 2023, Florida adopted a modified comparative negligence system. Under this law, you can still recover compensation if you were partially at fault — but only if you were 50% or less at fault for the accident. If you are found to be more than 50% responsible, you are barred from recovery entirely.

Your compensation is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 30% at fault, you would recover $70,000.

Why This Change Matters

Before 2023, Florida used a pure comparative negligence system that allowed recovery even if you were 99% at fault. The new law makes the determination of fault percentages absolutely critical. Insurance companies will aggressively argue that you were more than 50% responsible in order to eliminate your claim entirely.

Do Not Accept the Insurance Company's Fault Assessment

Insurance adjusters are not neutral fact-finders. They are motivated to assign as much fault to you as possible. An experienced attorney will investigate the accident thoroughly, gather evidence, consult accident reconstruction experts if necessary, and fight to ensure fault is assigned fairly.

Were you partially at fault in a Florida accident? Do not assume you have no case. Call Orlan Injury Law for a free evaluation.

Truck Accidents

Truck Accident vs. Car Accident: Why Truck Cases Are Different

By Joshua E. Orlan, Esq. · 5 min read

If you have been injured in a collision involving a commercial truck, semi-truck, or 18-wheeler, you are dealing with a fundamentally different type of case than a standard car accident. The injuries are often more severe, the legal landscape is more complex, and the stakes are significantly higher.

Multiple Potentially Liable Parties

In a car accident, you typically have one at-fault driver and one insurance company. In a truck accident, liability may extend to the truck driver, the trucking company, the cargo loader, the truck owner, the vehicle manufacturer, and even a maintenance company. Identifying all liable parties — and the insurance policies that cover them — requires experience and thorough investigation.

Federal Regulations

Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern everything from hours of service (how long a driver can operate without rest) to vehicle maintenance requirements to drug testing. Violations of these regulations can be powerful evidence of negligence — but you need an attorney who knows where to look and how to use them.

Evidence Preservation Is Critical

Commercial trucks are equipped with electronic logging devices (ELDs) that record driving hours, speed, and braking data. This evidence can be overwritten or destroyed if not preserved quickly with a legal hold letter. The sooner you contact an attorney after a truck accident, the better your chances of securing this critical evidence.

Higher Insurance Coverage

Commercial trucking companies are required to carry significantly higher insurance coverage than personal vehicles — often $1 million or more. This means more is available to compensate you for serious injuries, but it also means the trucking company will have a team of aggressive attorneys and adjusters working to minimize your claim from day one.

Injured in a truck accident in Florida? Call Orlan Injury Law immediately at 954-281-2540. Time is critical in preserving evidence.

Pre-Existing Conditions

Does a Pre-Existing Condition Hurt My Personal Injury Case?

By Joshua E. Orlan, Esq. · 5 min read

One of the most common tactics insurance companies use to minimize personal injury settlements is pointing to pre-existing conditions. If you had a prior back injury, arthritis, or any other medical history, the insurer will argue your current pain is not from the accident at all. Here is the truth about how Florida law handles pre-existing conditions.

The Eggshell Plaintiff Rule

Florida follows what is known as the "eggshell plaintiff" doctrine — the legal principle that a defendant must take the plaintiff as they find them. In plain English: if you had a pre-existing vulnerability that made your injuries worse than they would have been for a healthier person, the at-fault party is still fully responsible for the harm they caused.

The "Aggravation of Pre-Existing Condition" Claim

Even if the accident did not cause a brand new injury, you may still have a valid claim if the accident aggravated, accelerated, or worsened a pre-existing condition. You are entitled to compensation for the difference between how you were before the accident and how you are after — not zero.

Why Medical Records Matter So Much

Having clear, documented medical records from before the accident is actually helpful in these cases because it establishes a baseline. A good attorney will use your pre-accident records to demonstrate exactly what changed — and why the accident is responsible for that change.

Do Not Let Insurance Companies Discourage You

When an insurance adjuster finds out about a pre-existing condition, they often use it as an excuse to deny your claim or offer a lowball settlement. Do not accept this without consulting an attorney. Pre-existing conditions are common and manageable in personal injury cases with the right legal representation.

Have a pre-existing condition and were injured in an accident? Call Orlan Injury Law — your medical history does not disqualify you from fair compensation.

Local

What to Look for in a Car Accident Attorney in Coral Springs

By Joshua E. Orlan, Esq. · 5 min read

After a car accident in Coral Springs or anywhere in Broward County, choosing the right attorney can be the difference between a fair settlement and being left with unpaid bills and uncompensated suffering. Here is exactly what to look for — and what to avoid.

Look for a Firm That Handles Your Case Personally

Many large personal injury firms sign clients and then hand cases off to paralegals or junior associates. You deserve an attorney who knows your case, answers your calls, and is personally invested in your outcome. At Orlan Injury Law, Josh and the team handle every case directly — you will never be passed off to someone who does not know your name.

Trial Experience Matters

Insurance companies know which attorneys are willing to go to trial and which ones always settle. Firms with genuine trial experience — and a track record of verdicts — get better settlement offers because insurers know they cannot bluff them. Ask any prospective attorney about their trial experience before hiring them.

Look for Transparency About Fees

Personal injury attorneys work on contingency, meaning no fees unless they win. But the percentage varies and some firms charge for costs even if you lose. Make sure you understand exactly what you will owe before signing anything.

Check Real Reviews

Look at Google reviews specifically — they are harder to manipulate than testimonials on an attorney's own website. Pay attention to reviews that mention communication, responsiveness, and outcomes.

Local Knowledge Matters

An attorney who practices in Broward County knows the local courts, the judges, and the insurance adjusters who handle local claims. That familiarity translates into strategic advantages that out-of-area firms simply cannot replicate.

Looking for a personal injury attorney in Coral Springs or Broward County? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Wrongful Death

Florida Wrongful Death Claims: Who Can File and What Can You Recover?

By Joshua E. Orlan, Esq. · 5 min read

Losing a loved one because of someone else's negligence is an unimaginable tragedy. Florida's Wrongful Death Act gives surviving family members the right to seek justice and financial compensation — but the law is complex and the rules about who can file are specific.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased's estate — typically the executor named in the will. The lawsuit is brought on behalf of the estate and the surviving family members, which may include a surviving spouse, children, parents, and blood or adoptive relatives who were partly or wholly dependent on the deceased.

What Damages Can Be Recovered?

Florida's Wrongful Death Act allows recovery for medical and funeral expenses, lost earnings and benefits the deceased would have earned, loss of companionship and protection for a surviving spouse, loss of parental companionship for minor children, pain and suffering of surviving family members, and the deceased's own pain and suffering prior to death.

The Two-Year Deadline

Wrongful death claims in Florida must be filed within two years of the date of death. Do not wait — evidence must be preserved, witnesses must be identified, and the legal process takes time.

Common Causes of Wrongful Death Cases

Car and truck accidents, medical malpractice, premises liability accidents, workplace accidents, and criminal acts are among the most common causes of wrongful death claims in Florida.

Lost a loved one due to someone else's negligence? Call Orlan Injury Law at 954-281-2540. We handle these cases with the care and dignity your family deserves.

Nursing Home Abuse

Nursing Home Abuse in Florida: Signs to Watch For and What to Do

By Joshua E. Orlan, Esq. · 5 min read

Florida has one of the largest elderly populations in the country — and unfortunately, one of the highest rates of nursing home abuse and neglect. If your loved one is in a care facility, knowing the warning signs and your legal options is essential.

Types of Nursing Home Abuse

Abuse in care facilities takes many forms: physical abuse including hitting or improper restraint, emotional and psychological abuse, sexual abuse, financial exploitation, and neglect — which is the most common form and includes failure to provide adequate food, water, hygiene, medication, or medical care.

Warning Signs to Watch For

Unexplained bruises, cuts, or injuries. Sudden weight loss or signs of dehydration. Poor hygiene or unsanitary living conditions. Pressure sores or bedsores, which indicate a resident is not being repositioned regularly. Withdrawal, depression, or fearfulness. Unexplained changes in financial accounts or missing belongings. Staff who refuse to allow private visits or seem evasive when asked questions.

What to Do If You Suspect Abuse

Document everything — take photographs of any visible injuries or conditions. Report your concerns to the facility administrator in writing. File a complaint with Florida's Agency for Health Care Administration (AHCA) and the Long-Term Care Ombudsman. If you believe there is immediate danger, call 911. And contact a personal injury attorney who handles nursing home cases.

Your Legal Rights

Florida law provides strong protections for nursing home residents. Facilities can be held liable for abuse, neglect, and violations of residents' rights. Compensation may include medical expenses, pain and suffering, and in cases of egregious conduct, punitive damages.

Suspect a loved one is being abused in a Florida nursing home? Call Orlan Injury Law at 954-281-2540. We will fight for their dignity and their rights.

Dog Bites

Dog Bite Laws in Florida: Strict Liability Explained

By Joshua E. Orlan, Esq. · 4 min read

Florida has some of the strongest dog bite laws in the country for victims. If you or a loved one has been attacked by a dog in Florida, here is what you need to know about your rights.

Florida's Strict Liability Standard

Under Florida Statute 767.04, dog owners are strictly liable for bites that occur in a public place or lawfully in a private place — regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous. This is known as strict liability, and it is a significant protection for victims.

In many states, victims must prove the owner knew the dog was dangerous — the so-called "one bite rule." Florida has no such requirement.

What Damages Can You Recover?

Dog bite victims in Florida can recover medical expenses including emergency care, surgery, and ongoing treatment, lost wages, pain and suffering, emotional distress, and compensation for permanent scarring or disfigurement, which is common in dog bite cases.

Comparative Negligence and Provocation

There are two main defenses available to dog owners in Florida. If the victim was trespassing, the owner may not be liable. And if the victim provoked the dog, their compensation may be reduced in proportion to their fault. Children are generally given more protection in these situations because they may not understand that their actions provoked an animal.

Act Quickly

Report the bite to animal control immediately. Seek medical treatment — dog bites carry serious infection risks. Document your injuries with photographs. Get the owner's information and any witness information. And contact an attorney before speaking with the owner's homeowner's insurance company.

Bitten by a dog in Florida? Call Orlan Injury Law at 954-281-2540 for a free consultation. Florida law is on your side.

Local

Most Dangerous Roads and Intersections in Broward County

By Joshua E. Orlan, Esq. · 4 min read

Broward County consistently ranks among the most dangerous counties in Florida for traffic fatalities and serious injuries. Understanding where accidents happen most frequently — and why — can help drivers stay safe. And if you are injured on one of these roads, knowing that a location has a documented history of accidents can actually strengthen your personal injury claim.

Most Dangerous Roads in Broward County

US-1 (Federal Highway): Running the length of the county, US-1 is one of the most dangerous corridors in South Florida, with high pedestrian accident rates and frequent rear-end and T-bone collisions at its many traffic signals.

I-95: Florida's most dangerous highway passes directly through Broward County. High speeds, heavy truck traffic, and aggressive driving make it the site of numerous fatal crashes each year.

US-441 (State Road 7): A heavily trafficked commercial corridor with multiple dangerous intersections, particularly in Lauderdale Lakes, Margate, and North Lauderdale.

Sunrise Boulevard: A major east-west artery with a history of pedestrian fatalities and high-speed crashes, particularly around the Turnpike interchange.

Sample Road: Running through Coral Springs, Coconut Creek, and Margate, Sample Road sees frequent accidents at major intersections including Lyons Road and University Drive.

What This Means for Your Case

When accidents occur repeatedly at the same location, it can indicate a design defect, inadequate signage, or a maintenance failure — which means the government entity responsible for that road may share liability for your injuries. An experienced attorney will investigate whether road conditions contributed to your accident.

Injured in an accident on a Broward County road? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Car Accidents

What to Do Immediately After a Car Accident in Florida

By Joshua E. Orlan, Esq. · 5 min read

Being involved in a car accident is overwhelming. The decisions you make in the minutes and hours following a crash can have a significant impact on your health, your safety, and your ability to recover fair compensation.

1. Check for Injuries and Call 911

Your safety is the top priority. Call 911 immediately. A police report is one of the most important documents in a personal injury claim — it creates an official record of what happened. Do not leave the scene before police arrive.

2. Seek Medical Attention — Even If You Feel Fine

Many serious injuries, including whiplash, concussions, and internal injuries, do not present immediate symptoms. Seeing a doctor as soon as possible protects your health and creates a medical record linking your injuries to the accident. Insurance companies aggressively argue that gaps in treatment mean your injuries were not serious.

3. Document Everything at the Scene

Take photos of all vehicles, damage, road conditions, traffic signals, skid marks, and visible injuries. Get the names, phone numbers, and insurance information of all drivers and witnesses.

4. Do Not Admit Fault

Even a simple "I'm sorry" can be used against you later. Florida follows a comparative negligence system — let the police and insurance adjusters determine fault based on evidence.

5. Report to Your Insurance Company

Florida is a no-fault state. Your own insurance pays initial medical bills through PIP coverage. Report the accident promptly, but stick to basic facts. You are not required to give a recorded statement to the other driver's insurer.

6. Contact a Personal Injury Attorney First

Insurance adjusters may contact you within hours. Having an attorney before you speak with them levels the playing field dramatically. At Orlan Injury Law, we offer free consultations and charge no fees unless we win your case.

Were you injured in a car accident in Florida? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Know Your Rights

Florida Personal Injury Statute of Limitations: What You Need to Know

By Joshua E. Orlan, Esq. · 4 min read

If you have been injured in an accident in Florida, one of the most important things you need to understand is the statute of limitations — the legal deadline for filing a lawsuit. Miss this deadline and you may permanently lose your right to seek compensation.

What Is the Deadline?

As of 2023, Florida reduced its personal injury statute of limitations to two years from the date of the accident. Wrongful death claims also carry a two-year deadline from the date of death.

Why Does This Matter?

If you file a lawsuit after the deadline, the court will dismiss it — regardless of how strong your evidence is. Your case is gone permanently.

Are There Exceptions?

Yes, in limited circumstances. The clock may be paused if the injured person is a minor, if the defendant concealed their identity, or if the injured person was mentally incapacitated. These exceptions are narrow and should never be relied upon without consulting an attorney.

Do Not Wait

Two years sounds like a long time, but personal injury cases require extensive investigation. Evidence disappears, memories fade, and witnesses become harder to locate. The sooner you begin, the stronger your case will be.

Do not let the clock run out. Contact Orlan Injury Law today for a free consultation.

Settlement

How Much Is My Personal Injury Case Worth in Florida?

By Joshua E. Orlan, Esq. · 6 min read

This is the question almost every injury victim asks first. The honest answer is: it depends. But here is a clear breakdown of how case values are determined in Florida.

Economic Damages

These are measurable financial losses: past and future medical expenses, lost wages and lost earning capacity, future rehabilitation costs, property damage, and out-of-pocket expenses related to your injury.

Non-Economic Damages

These compensate for losses that are real but harder to quantify: pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Key Factors That Affect Value

Severity of injuries: Catastrophic injuries result in significantly higher settlements. Medical documentation: Consistent, thorough records directly impact case value. Liability clarity: Clear-cut fault cases settle for more. Available insurance: Policy limits can cap recovery. Life impact: Documented effects on work and daily life strengthen non-economic claims.

Never Accept the First Offer

Insurance companies routinely make early offers that are a fraction of what a case is truly worth. One of our clients was told to settle for a small amount by another attorney — after coming to Orlan Injury Law, he received a settlement 15 times larger.

Wondering what your case is worth? Call Orlan Injury Law at 954-281-2540 for a free evaluation.

Insurance

Why Insurance Companies Lowball Personal Injury Settlements

By Joshua E. Orlan, Esq. · 5 min read

Insurance companies are for-profit businesses. Their financial interest is directly opposed to yours. Understanding their tactics is the first step to protecting yourself.

The Adjuster's Real Job

When you file a claim, an adjuster is assigned to your case. Their primary goal is to close your claim for as little money as possible. They are trained negotiators who know most unrepresented claimants will accept whatever they offer.

Common Tactics

Moving quickly: Adjusters contact victims within hours, before you understand your injuries or consult an attorney. Recorded statements: They ask for recorded statements that can be used to minimize your claim — you are not required to give one. Disputing injuries: They argue injuries are less severe or caused by pre-existing conditions. Delay tactics: The longer your case drags on, the more financial pressure you feel to accept a low offer.

The Solution

RJ Barnett spent years in insurance defense before joining the plaintiff's side. He knows exactly how these companies evaluate claims and what evidence they look for. That inside knowledge gives our clients a real strategic advantage. When you have legal representation, the dynamic shifts entirely.

Do not let an insurance company take advantage of you. Call Orlan Injury Law before speaking to any adjuster.

Slip & Fall

Slip and Fall Accidents in Florida: Proving Liability

By Joshua E. Orlan, Esq. · 5 min read

Slip and fall cases are among the most common personal injury cases in Florida — and among the most challenging to win. Here is what Florida law requires to hold a property owner liable.

What You Must Prove

Under Florida law, you generally must prove three things: the property owner knew or should have known about the dangerous condition, they failed to fix it or warn visitors, and this failure directly caused your injuries.

The "Knew or Should Have Known" Standard

This is often the most contested element. You must show the dangerous condition existed long enough that a reasonable property owner should have discovered and addressed it. Surveillance footage, incident reports, and witness statements can establish how long the hazard existed.

Common Hazards

Wet floors without warning signs, uneven pavement, poor lighting, broken handrails, and debris in walkways. These accidents happen in grocery stores, restaurants, hotels, apartments, and parking lots daily across Florida.

What to Do After a Slip and Fall

Report the incident immediately and request a written incident report. Photograph the hazard before it is fixed. Seek medical attention right away. Get witness contact information. Contact an attorney before speaking to the property owner's insurer.

Injured in a slip and fall in Florida? Contact Orlan Injury Law for a free case evaluation.

Process

How Long Does a Personal Injury Case Take in Florida?

By Joshua E. Orlan, Esq. · 4 min read

How long is this going to take? It is one of the most common questions we hear. Here is an honest breakdown of the personal injury process in Florida.

Phase 1: Medical Treatment (Weeks to Months)

We generally wait until you reach Maximum Medical Improvement (MMI) before valuing your case. Settling before MMI risks undervaluing your claim because the full extent of your damages is not yet known.

Phase 2: Pre-Suit Negotiation (1–6 Months)

We gather records, bills, and evidence and submit a demand to the insurance company. Many cases resolve here without filing a lawsuit.

Phase 3: Filing a Lawsuit (If Necessary)

If the insurer refuses fair compensation, we file a lawsuit. Most cases still settle before trial — but filing signals seriousness and often prompts better offers.

Phase 4: Discovery (6–18 Months)

Both sides exchange information through depositions, document requests, and expert disclosures.

Phase 5: Trial or Settlement

Most cases settle before trial. From start to finish, a contested case typically takes one to three years. Pre-suit settlements can happen in three to six months.

Have questions about your case timeline? Call Orlan Injury Law at 954-281-2540 for an honest assessment.

Uninsured Drivers

What Happens If the Other Driver Has No Insurance in Florida?

By Joshua E. Orlan, Esq. · 5 min read

Florida consistently ranks among the states with the highest rates of uninsured drivers. If you are hit by someone with no insurance, you are not without options — but you need to act quickly and strategically.

Florida's No-Fault System and PIP

Because Florida is a no-fault state, your own Personal Injury Protection (PIP) insurance pays your initial medical bills and lost wages regardless of who caused the accident. PIP covers up to $10,000 in medical expenses and 60% of lost wages. For minor injuries, this may be sufficient. For serious injuries, it will not be.

Uninsured Motorist Coverage: Your Most Important Protection

If you have Uninsured Motorist (UM) coverage on your own policy, this is your primary avenue for recovery when the at-fault driver has no insurance. UM coverage steps into the shoes of the uninsured driver and pays damages up to your policy limits. In Florida, insurers are required to offer UM coverage, though drivers can reject it in writing. If you do not currently have UM coverage, call your insurer today.

Can You Sue an Uninsured Driver Directly?

Yes — but it is often not practical. Even if you win a judgment against an uninsured driver, collecting from someone with no assets is extremely difficult. An experienced attorney can help you assess whether a direct lawsuit makes sense in your specific situation.

What to Do at the Scene

Get the driver's information even if they have no insurance. Document everything. Call police immediately — an official report is essential. And contact an attorney before making any claims with your own insurer.

Hit by an uninsured driver in Florida? Call Orlan Injury Law at 954-281-2540. We know how to maximize your recovery even when the other driver has no insurance.

Insurance

Florida PIP Insurance Explained: What Does It Actually Cover?

By Joshua E. Orlan, Esq. · 5 min read

Florida's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. Understanding exactly what PIP covers — and where it falls short — is essential for anyone injured in a Florida car accident.

What PIP Covers

Florida PIP covers 80% of reasonable medical expenses up to $10,000, 60% of lost wages up to $10,000, and $5,000 in death benefits. Coverage applies to you, your household family members, and passengers in your vehicle who do not have their own PIP coverage. PIP applies regardless of who caused the accident.

The Emergency Medical Condition Requirement

There is an important caveat: to receive the full $10,000 in PIP benefits, your injury must be classified as an Emergency Medical Condition (EMC) by a licensed physician. If your injury is not classified as an EMC, your PIP benefits are capped at $2,500. This is why seeing a doctor immediately after an accident is so important.

Where PIP Falls Short

For serious injuries, $10,000 barely covers an emergency room visit. PIP does not cover pain and suffering, property damage, or medical expenses beyond the policy limit. This is where a personal injury claim against the at-fault driver becomes essential.

Stepping Outside the No-Fault System

Florida law allows you to step outside the no-fault system and sue the at-fault driver directly if your injuries meet the serious injury threshold — which includes significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death. An experienced attorney can assess whether your injuries meet this threshold.

Confused about your insurance coverage after an accident? Call Orlan Injury Law — we will explain your options clearly and at no cost.

Fault & Liability

Can I Sue If I Was Partially at Fault for My Florida Accident?

By Joshua E. Orlan, Esq. · 4 min read

One of the most common concerns injury victims have is: what if I was partially at fault? Many people assume that being even partially responsible for an accident bars them from recovering anything. In Florida, that is not entirely true — but the law recently changed in a way that makes it more important than ever to have an attorney.

Florida's Modified Comparative Negligence Law

As of March 2023, Florida adopted a modified comparative negligence system. Under this law, you can still recover compensation if you were partially at fault — but only if you were 50% or less at fault for the accident. If you are found to be more than 50% responsible, you are barred from recovery entirely.

Your compensation is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 30% at fault, you would recover $70,000.

Why This Change Matters

Before 2023, Florida used a pure comparative negligence system that allowed recovery even if you were 99% at fault. The new law makes the determination of fault percentages absolutely critical. Insurance companies will aggressively argue that you were more than 50% responsible in order to eliminate your claim entirely.

Do Not Accept the Insurance Company's Fault Assessment

Insurance adjusters are not neutral fact-finders. They are motivated to assign as much fault to you as possible. An experienced attorney will investigate the accident thoroughly, gather evidence, consult accident reconstruction experts if necessary, and fight to ensure fault is assigned fairly.

Were you partially at fault in a Florida accident? Do not assume you have no case. Call Orlan Injury Law for a free evaluation.

Truck Accidents

Truck Accident vs. Car Accident: Why Truck Cases Are Different

By Joshua E. Orlan, Esq. · 5 min read

If you have been injured in a collision involving a commercial truck, semi-truck, or 18-wheeler, you are dealing with a fundamentally different type of case than a standard car accident. The injuries are often more severe, the legal landscape is more complex, and the stakes are significantly higher.

Multiple Potentially Liable Parties

In a car accident, you typically have one at-fault driver and one insurance company. In a truck accident, liability may extend to the truck driver, the trucking company, the cargo loader, the truck owner, the vehicle manufacturer, and even a maintenance company. Identifying all liable parties — and the insurance policies that cover them — requires experience and thorough investigation.

Federal Regulations

Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern everything from hours of service (how long a driver can operate without rest) to vehicle maintenance requirements to drug testing. Violations of these regulations can be powerful evidence of negligence — but you need an attorney who knows where to look and how to use them.

Evidence Preservation Is Critical

Commercial trucks are equipped with electronic logging devices (ELDs) that record driving hours, speed, and braking data. This evidence can be overwritten or destroyed if not preserved quickly with a legal hold letter. The sooner you contact an attorney after a truck accident, the better your chances of securing this critical evidence.

Higher Insurance Coverage

Commercial trucking companies are required to carry significantly higher insurance coverage than personal vehicles — often $1 million or more. This means more is available to compensate you for serious injuries, but it also means the trucking company will have a team of aggressive attorneys and adjusters working to minimize your claim from day one.

Injured in a truck accident in Florida? Call Orlan Injury Law immediately at 954-281-2540. Time is critical in preserving evidence.

Pre-Existing Conditions

Does a Pre-Existing Condition Hurt My Personal Injury Case?

By Joshua E. Orlan, Esq. · 5 min read

One of the most common tactics insurance companies use to minimize personal injury settlements is pointing to pre-existing conditions. If you had a prior back injury, arthritis, or any other medical history, the insurer will argue your current pain is not from the accident at all. Here is the truth about how Florida law handles pre-existing conditions.

The Eggshell Plaintiff Rule

Florida follows what is known as the "eggshell plaintiff" doctrine — the legal principle that a defendant must take the plaintiff as they find them. In plain English: if you had a pre-existing vulnerability that made your injuries worse than they would have been for a healthier person, the at-fault party is still fully responsible for the harm they caused.

The "Aggravation of Pre-Existing Condition" Claim

Even if the accident did not cause a brand new injury, you may still have a valid claim if the accident aggravated, accelerated, or worsened a pre-existing condition. You are entitled to compensation for the difference between how you were before the accident and how you are after — not zero.

Why Medical Records Matter So Much

Having clear, documented medical records from before the accident is actually helpful in these cases because it establishes a baseline. A good attorney will use your pre-accident records to demonstrate exactly what changed — and why the accident is responsible for that change.

Do Not Let Insurance Companies Discourage You

When an insurance adjuster finds out about a pre-existing condition, they often use it as an excuse to deny your claim or offer a lowball settlement. Do not accept this without consulting an attorney. Pre-existing conditions are common and manageable in personal injury cases with the right legal representation.

Have a pre-existing condition and were injured in an accident? Call Orlan Injury Law — your medical history does not disqualify you from fair compensation.

Local

What to Look for in a Car Accident Attorney in Coral Springs

By Joshua E. Orlan, Esq. · 5 min read

After a car accident in Coral Springs or anywhere in Broward County, choosing the right attorney can be the difference between a fair settlement and being left with unpaid bills and uncompensated suffering. Here is exactly what to look for — and what to avoid.

Look for a Firm That Handles Your Case Personally

Many large personal injury firms sign clients and then hand cases off to paralegals or junior associates. You deserve an attorney who knows your case, answers your calls, and is personally invested in your outcome. At Orlan Injury Law, Josh and the team handle every case directly — you will never be passed off to someone who does not know your name.

Trial Experience Matters

Insurance companies know which attorneys are willing to go to trial and which ones always settle. Firms with genuine trial experience — and a track record of verdicts — get better settlement offers because insurers know they cannot bluff them. Ask any prospective attorney about their trial experience before hiring them.

Look for Transparency About Fees

Personal injury attorneys work on contingency, meaning no fees unless they win. But the percentage varies and some firms charge for costs even if you lose. Make sure you understand exactly what you will owe before signing anything.

Check Real Reviews

Look at Google reviews specifically — they are harder to manipulate than testimonials on an attorney's own website. Pay attention to reviews that mention communication, responsiveness, and outcomes.

Local Knowledge Matters

An attorney who practices in Broward County knows the local courts, the judges, and the insurance adjusters who handle local claims. That familiarity translates into strategic advantages that out-of-area firms simply cannot replicate.

Looking for a personal injury attorney in Coral Springs or Broward County? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Wrongful Death

Florida Wrongful Death Claims: Who Can File and What Can You Recover?

By Joshua E. Orlan, Esq. · 5 min read

Losing a loved one because of someone else's negligence is an unimaginable tragedy. Florida's Wrongful Death Act gives surviving family members the right to seek justice and financial compensation — but the law is complex and the rules about who can file are specific.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased's estate — typically the executor named in the will. The lawsuit is brought on behalf of the estate and the surviving family members, which may include a surviving spouse, children, parents, and blood or adoptive relatives who were partly or wholly dependent on the deceased.

What Damages Can Be Recovered?

Florida's Wrongful Death Act allows recovery for medical and funeral expenses, lost earnings and benefits the deceased would have earned, loss of companionship and protection for a surviving spouse, loss of parental companionship for minor children, pain and suffering of surviving family members, and the deceased's own pain and suffering prior to death.

The Two-Year Deadline

Wrongful death claims in Florida must be filed within two years of the date of death. Do not wait — evidence must be preserved, witnesses must be identified, and the legal process takes time.

Common Causes of Wrongful Death Cases

Car and truck accidents, medical malpractice, premises liability accidents, workplace accidents, and criminal acts are among the most common causes of wrongful death claims in Florida.

Lost a loved one due to someone else's negligence? Call Orlan Injury Law at 954-281-2540. We handle these cases with the care and dignity your family deserves.

Nursing Home Abuse

Nursing Home Abuse in Florida: Signs to Watch For and What to Do

By Joshua E. Orlan, Esq. · 5 min read

Florida has one of the largest elderly populations in the country — and unfortunately, one of the highest rates of nursing home abuse and neglect. If your loved one is in a care facility, knowing the warning signs and your legal options is essential.

Types of Nursing Home Abuse

Abuse in care facilities takes many forms: physical abuse including hitting or improper restraint, emotional and psychological abuse, sexual abuse, financial exploitation, and neglect — which is the most common form and includes failure to provide adequate food, water, hygiene, medication, or medical care.

Warning Signs to Watch For

Unexplained bruises, cuts, or injuries. Sudden weight loss or signs of dehydration. Poor hygiene or unsanitary living conditions. Pressure sores or bedsores, which indicate a resident is not being repositioned regularly. Withdrawal, depression, or fearfulness. Unexplained changes in financial accounts or missing belongings. Staff who refuse to allow private visits or seem evasive when asked questions.

What to Do If You Suspect Abuse

Document everything — take photographs of any visible injuries or conditions. Report your concerns to the facility administrator in writing. File a complaint with Florida's Agency for Health Care Administration (AHCA) and the Long-Term Care Ombudsman. If you believe there is immediate danger, call 911. And contact a personal injury attorney who handles nursing home cases.

Your Legal Rights

Florida law provides strong protections for nursing home residents. Facilities can be held liable for abuse, neglect, and violations of residents' rights. Compensation may include medical expenses, pain and suffering, and in cases of egregious conduct, punitive damages.

Suspect a loved one is being abused in a Florida nursing home? Call Orlan Injury Law at 954-281-2540. We will fight for their dignity and their rights.

Dog Bites

Dog Bite Laws in Florida: Strict Liability Explained

By Joshua E. Orlan, Esq. · 4 min read

Florida has some of the strongest dog bite laws in the country for victims. If you or a loved one has been attacked by a dog in Florida, here is what you need to know about your rights.

Florida's Strict Liability Standard

Under Florida Statute 767.04, dog owners are strictly liable for bites that occur in a public place or lawfully in a private place — regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous. This is known as strict liability, and it is a significant protection for victims.

In many states, victims must prove the owner knew the dog was dangerous — the so-called "one bite rule." Florida has no such requirement.

What Damages Can You Recover?

Dog bite victims in Florida can recover medical expenses including emergency care, surgery, and ongoing treatment, lost wages, pain and suffering, emotional distress, and compensation for permanent scarring or disfigurement, which is common in dog bite cases.

Comparative Negligence and Provocation

There are two main defenses available to dog owners in Florida. If the victim was trespassing, the owner may not be liable. And if the victim provoked the dog, their compensation may be reduced in proportion to their fault. Children are generally given more protection in these situations because they may not understand that their actions provoked an animal.

Act Quickly

Report the bite to animal control immediately. Seek medical treatment — dog bites carry serious infection risks. Document your injuries with photographs. Get the owner's information and any witness information. And contact an attorney before speaking with the owner's homeowner's insurance company.

Bitten by a dog in Florida? Call Orlan Injury Law at 954-281-2540 for a free consultation. Florida law is on your side.

Local

Most Dangerous Roads and Intersections in Broward County

By Joshua E. Orlan, Esq. · 4 min read

Broward County consistently ranks among the most dangerous counties in Florida for traffic fatalities and serious injuries. Understanding where accidents happen most frequently — and why — can help drivers stay safe. And if you are injured on one of these roads, knowing that a location has a documented history of accidents can actually strengthen your personal injury claim.

Most Dangerous Roads in Broward County

US-1 (Federal Highway): Running the length of the county, US-1 is one of the most dangerous corridors in South Florida, with high pedestrian accident rates and frequent rear-end and T-bone collisions at its many traffic signals.

I-95: Florida's most dangerous highway passes directly through Broward County. High speeds, heavy truck traffic, and aggressive driving make it the site of numerous fatal crashes each year.

US-441 (State Road 7): A heavily trafficked commercial corridor with multiple dangerous intersections, particularly in Lauderdale Lakes, Margate, and North Lauderdale.

Sunrise Boulevard: A major east-west artery with a history of pedestrian fatalities and high-speed crashes, particularly around the Turnpike interchange.

Sample Road: Running through Coral Springs, Coconut Creek, and Margate, Sample Road sees frequent accidents at major intersections including Lyons Road and University Drive.

What This Means for Your Case

When accidents occur repeatedly at the same location, it can indicate a design defect, inadequate signage, or a maintenance failure — which means the government entity responsible for that road may share liability for your injuries. An experienced attorney will investigate whether road conditions contributed to your accident.

Injured in an accident on a Broward County road? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Settlement

Florida Car Accident Settlements: How Long Does It Take to Get Paid?

By Joshua E. Orlan, Esq. · 4 min read

You have reached a settlement in your Florida personal injury case — congratulations. But when does the money actually arrive? Many clients are surprised to learn that settling a case and receiving payment are two different milestones, sometimes separated by weeks. Here is exactly what happens after a settlement is reached.

Step 1: Signing the Release (1–2 Weeks)

Once a settlement amount is agreed upon, the insurance company will send a Release of All Claims — a legal document that formally ends your right to pursue further claims related to the accident in exchange for the settlement payment. Your attorney will review this carefully before you sign. Some releases contain problematic language that needs to be negotiated. This process typically takes one to two weeks.

Step 2: The Insurance Company Processes Payment (2–4 Weeks)

After the signed release is returned to the insurance company, they typically have 20 days under Florida law to issue the settlement check. In practice, payment often arrives within two to four weeks of the executed release. The check is typically made payable to both you and your attorney's firm and is deposited into a client trust account.

Step 3: Resolving Liens and Medical Bills (1–4 Weeks)

Before you receive your portion of the settlement, any outstanding medical liens must be resolved. Health insurers, Medicare, Medicaid, and medical providers who treated you on a lien basis have a legal right to be reimbursed from your settlement proceeds. Your attorney negotiates these liens — often significantly reducing them — before funds are disbursed. This is one of the most important things a good attorney does for you post-settlement.

Step 4: Disbursement to You

Once liens are resolved and all deductions are calculated — attorney fees, costs advanced, and lien payoffs — your attorney will provide you with a detailed settlement statement and issue your check. From settlement agreement to money in your hands, the typical timeline is four to eight weeks for straightforward cases. Complex cases with significant liens or disputes can take longer.

What You Can Do to Speed Things Up

Respond promptly when your attorney requests signatures or information. Make sure all your medical providers have been identified early in the process so lien resolution can begin quickly. And choose an attorney with strong systems for post-settlement administration — this is where many firms drop the ball.

Have questions about your settlement timeline? Call Orlan Injury Law at 954-281-2540. We keep our clients informed every step of the way.

Know Your Rights

Injured in Someone Else's Car in Florida: What Are Your Rights?

By Joshua E. Orlan, Esq. · 5 min read

You were a passenger in a friend's or family member's car when an accident happened. Now you are injured, dealing with medical bills, and wondering — whose insurance covers me? Can I sue? Will this damage my relationship with the driver? Here is a clear breakdown of your rights as an injured passenger in Florida.

Your Rights as a Passenger Are Strong

As a passenger, you were almost certainly not at fault for the accident. This puts you in a strong legal position. Florida law allows injured passengers to pursue claims against any at-fault party — including the driver of the vehicle you were in, the driver of another vehicle, or both.

Florida PIP Covers You First

Because Florida is a no-fault state, your first source of coverage as a passenger depends on whether you have your own PIP insurance. If you do, your own PIP pays your initial medical bills up to your policy limits. If you do not have your own PIP, the PIP coverage of the vehicle you were riding in covers you. This applies regardless of who caused the accident.

Claiming Against the Driver Who Was at Fault

If your injuries are serious enough to exceed PIP coverage or meet Florida's serious injury threshold, you can bring a claim against the at-fault driver — even if that driver is your friend or family member. In practice, you are not suing them personally — you are making a claim against their auto insurance policy. This is an important distinction that most people miss.

What If Both Drivers Were at Fault?

Florida's comparative negligence system means that if both drivers share fault, you can potentially claim against both insurance policies. An experienced attorney will identify all available coverage and pursue every avenue of recovery on your behalf.

Uninsured and Underinsured Motorist Coverage

If the at-fault driver has no insurance or insufficient coverage, your own Uninsured Motorist coverage — or the UM coverage on the vehicle you were in — may apply. UM coverage is one of the most important protections available in these situations.

Do Not Let Personal Relationships Stop You

Many passengers hesitate to pursue claims against friends or family members out of concern for the relationship. Remember: you are not taking money from them personally — you are filing a claim against an insurance policy they pay premiums for specifically to cover situations like this. A good attorney will handle the process professionally and sensitively.

Injured as a passenger in a Florida car accident? Call Orlan Injury Law at 954-281-2540. You have rights — let us fight for them.

Uninsured Drivers

What Happens If the Other Driver Has No Insurance in Florida?

By Joshua E. Orlan, Esq. · 5 min read

Florida consistently ranks among the states with the highest rates of uninsured drivers. If you are hit by someone with no insurance, you are not without options — but you need to act quickly and strategically.

Florida's No-Fault System and PIP

Because Florida is a no-fault state, your own Personal Injury Protection (PIP) insurance pays your initial medical bills and lost wages regardless of who caused the accident. PIP covers up to $10,000 in medical expenses and 60% of lost wages. For minor injuries, this may be sufficient. For serious injuries, it will not be.

Uninsured Motorist Coverage: Your Most Important Protection

If you have Uninsured Motorist (UM) coverage on your own policy, this is your primary avenue for recovery when the at-fault driver has no insurance. UM coverage steps into the shoes of the uninsured driver and pays damages up to your policy limits. In Florida, insurers are required to offer UM coverage, though drivers can reject it in writing. If you do not currently have UM coverage, call your insurer today.

Can You Sue an Uninsured Driver Directly?

Yes — but it is often not practical. Even if you win a judgment against an uninsured driver, collecting from someone with no assets is extremely difficult. An experienced attorney can help you assess whether a direct lawsuit makes sense in your specific situation.

What to Do at the Scene

Get the driver's information even if they have no insurance. Document everything. Call police immediately — an official report is essential. And contact an attorney before making any claims with your own insurer.

Hit by an uninsured driver in Florida? Call Orlan Injury Law at 954-281-2540. We know how to maximize your recovery even when the other driver has no insurance.

Insurance

Florida PIP Insurance Explained: What Does It Actually Cover?

By Joshua E. Orlan, Esq. · 5 min read

Florida's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. Understanding exactly what PIP covers — and where it falls short — is essential for anyone injured in a Florida car accident.

What PIP Covers

Florida PIP covers 80% of reasonable medical expenses up to $10,000, 60% of lost wages up to $10,000, and $5,000 in death benefits. Coverage applies to you, your household family members, and passengers in your vehicle who do not have their own PIP coverage. PIP applies regardless of who caused the accident.

The Emergency Medical Condition Requirement

There is an important caveat: to receive the full $10,000 in PIP benefits, your injury must be classified as an Emergency Medical Condition (EMC) by a licensed physician. If your injury is not classified as an EMC, your PIP benefits are capped at $2,500. This is why seeing a doctor immediately after an accident is so important.

Where PIP Falls Short

For serious injuries, $10,000 barely covers an emergency room visit. PIP does not cover pain and suffering, property damage, or medical expenses beyond the policy limit. This is where a personal injury claim against the at-fault driver becomes essential.

Stepping Outside the No-Fault System

Florida law allows you to step outside the no-fault system and sue the at-fault driver directly if your injuries meet the serious injury threshold — which includes significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death. An experienced attorney can assess whether your injuries meet this threshold.

Confused about your insurance coverage after an accident? Call Orlan Injury Law — we will explain your options clearly and at no cost.

Fault & Liability

Can I Sue If I Was Partially at Fault for My Florida Accident?

By Joshua E. Orlan, Esq. · 4 min read

One of the most common concerns injury victims have is: what if I was partially at fault? Many people assume that being even partially responsible for an accident bars them from recovering anything. In Florida, that is not entirely true — but the law recently changed in a way that makes it more important than ever to have an attorney.

Florida's Modified Comparative Negligence Law

As of March 2023, Florida adopted a modified comparative negligence system. Under this law, you can still recover compensation if you were partially at fault — but only if you were 50% or less at fault for the accident. If you are found to be more than 50% responsible, you are barred from recovery entirely.

Your compensation is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 30% at fault, you would recover $70,000.

Why This Change Matters

Before 2023, Florida used a pure comparative negligence system that allowed recovery even if you were 99% at fault. The new law makes the determination of fault percentages absolutely critical. Insurance companies will aggressively argue that you were more than 50% responsible in order to eliminate your claim entirely.

Do Not Accept the Insurance Company's Fault Assessment

Insurance adjusters are not neutral fact-finders. They are motivated to assign as much fault to you as possible. An experienced attorney will investigate the accident thoroughly, gather evidence, consult accident reconstruction experts if necessary, and fight to ensure fault is assigned fairly.

Were you partially at fault in a Florida accident? Do not assume you have no case. Call Orlan Injury Law for a free evaluation.

Truck Accidents

Truck Accident vs. Car Accident: Why Truck Cases Are Different

By Joshua E. Orlan, Esq. · 5 min read

If you have been injured in a collision involving a commercial truck, semi-truck, or 18-wheeler, you are dealing with a fundamentally different type of case than a standard car accident. The injuries are often more severe, the legal landscape is more complex, and the stakes are significantly higher.

Multiple Potentially Liable Parties

In a car accident, you typically have one at-fault driver and one insurance company. In a truck accident, liability may extend to the truck driver, the trucking company, the cargo loader, the truck owner, the vehicle manufacturer, and even a maintenance company. Identifying all liable parties — and the insurance policies that cover them — requires experience and thorough investigation.

Federal Regulations

Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern everything from hours of service (how long a driver can operate without rest) to vehicle maintenance requirements to drug testing. Violations of these regulations can be powerful evidence of negligence — but you need an attorney who knows where to look and how to use them.

Evidence Preservation Is Critical

Commercial trucks are equipped with electronic logging devices (ELDs) that record driving hours, speed, and braking data. This evidence can be overwritten or destroyed if not preserved quickly with a legal hold letter. The sooner you contact an attorney after a truck accident, the better your chances of securing this critical evidence.

Higher Insurance Coverage

Commercial trucking companies are required to carry significantly higher insurance coverage than personal vehicles — often $1 million or more. This means more is available to compensate you for serious injuries, but it also means the trucking company will have a team of aggressive attorneys and adjusters working to minimize your claim from day one.

Injured in a truck accident in Florida? Call Orlan Injury Law immediately at 954-281-2540. Time is critical in preserving evidence.

Pre-Existing Conditions

Does a Pre-Existing Condition Hurt My Personal Injury Case?

By Joshua E. Orlan, Esq. · 5 min read

One of the most common tactics insurance companies use to minimize personal injury settlements is pointing to pre-existing conditions. If you had a prior back injury, arthritis, or any other medical history, the insurer will argue your current pain is not from the accident at all. Here is the truth about how Florida law handles pre-existing conditions.

The Eggshell Plaintiff Rule

Florida follows what is known as the "eggshell plaintiff" doctrine — the legal principle that a defendant must take the plaintiff as they find them. In plain English: if you had a pre-existing vulnerability that made your injuries worse than they would have been for a healthier person, the at-fault party is still fully responsible for the harm they caused.

The "Aggravation of Pre-Existing Condition" Claim

Even if the accident did not cause a brand new injury, you may still have a valid claim if the accident aggravated, accelerated, or worsened a pre-existing condition. You are entitled to compensation for the difference between how you were before the accident and how you are after — not zero.

Why Medical Records Matter So Much

Having clear, documented medical records from before the accident is actually helpful in these cases because it establishes a baseline. A good attorney will use your pre-accident records to demonstrate exactly what changed — and why the accident is responsible for that change.

Do Not Let Insurance Companies Discourage You

When an insurance adjuster finds out about a pre-existing condition, they often use it as an excuse to deny your claim or offer a lowball settlement. Do not accept this without consulting an attorney. Pre-existing conditions are common and manageable in personal injury cases with the right legal representation.

Have a pre-existing condition and were injured in an accident? Call Orlan Injury Law — your medical history does not disqualify you from fair compensation.

Local

What to Look for in a Car Accident Attorney in Coral Springs

By Joshua E. Orlan, Esq. · 5 min read

After a car accident in Coral Springs or anywhere in Broward County, choosing the right attorney can be the difference between a fair settlement and being left with unpaid bills and uncompensated suffering. Here is exactly what to look for — and what to avoid.

Look for a Firm That Handles Your Case Personally

Many large personal injury firms sign clients and then hand cases off to paralegals or junior associates. You deserve an attorney who knows your case, answers your calls, and is personally invested in your outcome. At Orlan Injury Law, Josh and the team handle every case directly — you will never be passed off to someone who does not know your name.

Trial Experience Matters

Insurance companies know which attorneys are willing to go to trial and which ones always settle. Firms with genuine trial experience — and a track record of verdicts — get better settlement offers because insurers know they cannot bluff them. Ask any prospective attorney about their trial experience before hiring them.

Look for Transparency About Fees

Personal injury attorneys work on contingency, meaning no fees unless they win. But the percentage varies and some firms charge for costs even if you lose. Make sure you understand exactly what you will owe before signing anything.

Check Real Reviews

Look at Google reviews specifically — they are harder to manipulate than testimonials on an attorney's own website. Pay attention to reviews that mention communication, responsiveness, and outcomes.

Local Knowledge Matters

An attorney who practices in Broward County knows the local courts, the judges, and the insurance adjusters who handle local claims. That familiarity translates into strategic advantages that out-of-area firms simply cannot replicate.

Looking for a personal injury attorney in Coral Springs or Broward County? Call Orlan Injury Law at 954-281-2540 for a free consultation.

Wrongful Death

Florida Wrongful Death Claims: Who Can File and What Can You Recover?

By Joshua E. Orlan, Esq. · 5 min read

Losing a loved one because of someone else's negligence is an unimaginable tragedy. Florida's Wrongful Death Act gives surviving family members the right to seek justice and financial compensation — but the law is complex and the rules about who can file are specific.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased's estate — typically the executor named in the will. The lawsuit is brought on behalf of the estate and the surviving family members, which may include a surviving spouse, children, parents, and blood or adoptive relatives who were partly or wholly dependent on the deceased.

What Damages Can Be Recovered?

Florida's Wrongful Death Act allows recovery for medical and funeral expenses, lost earnings and benefits the deceased would have earned, loss of companionship and protection for a surviving spouse, loss of parental companionship for minor children, pain and suffering of surviving family members, and the deceased's own pain and suffering prior to death.

The Two-Year Deadline

Wrongful death claims in Florida must be filed within two years of the date of death. Do not wait — evidence must be preserved, witnesses must be identified, and the legal process takes time.

Common Causes of Wrongful Death Cases

Car and truck accidents, medical malpractice, premises liability accidents, workplace accidents, and criminal acts are among the most common causes of wrongful death claims in Florida.

Lost a loved one due to someone else's negligence? Call Orlan Injury Law at 954-281-2540. We handle these cases with the care and dignity your family deserves.

Nursing Home Abuse

Nursing Home Abuse in Florida: Signs to Watch For and What to Do

By Joshua E. Orlan, Esq. · 5 min read

Florida has one of the largest elderly populations in the country — and unfortunately, one of the highest rates of nursing home abuse and neglect. If your loved one is in a care facility, knowing the warning signs and your legal options is essential.

Types of Nursing Home Abuse

Abuse in care facilities takes many forms: physical abuse including hitting or improper restraint, emotional and psychological abuse, sexual abuse, financial exploitation, and neglect — which is the most common form and includes failure to provide adequate food, water, hygiene, medication, or medical care.

Warning Signs to Watch For

Unexplained bruises, cuts, or injuries. Sudden weight loss or signs of dehydration. Poor hygiene or unsanitary living conditions. Pressure sores or bedsores, which indicate a resident is not being repositioned regularly. Withdrawal, depression, or fearfulness. Unexplained changes in financial accounts or missing belongings. Staff who refuse to allow private visits or seem evasive when asked questions.

What to Do If You Suspect Abuse

Document everything — take photographs of any visible injuries or conditions. Report your concerns to the facility administrator in writing. File a complaint with Florida's Agency for Health Care Administration (AHCA) and the Long-Term Care Ombudsman. If you believe there is immediate danger, call 911. And contact a personal injury attorney who handles nursing home cases.

Your Legal Rights

Florida law provides strong protections for nursing home residents. Facilities can be held liable for abuse, neglect, and violations of residents' rights. Compensation may include medical expenses, pain and suffering, and in cases of egregious conduct, punitive damages.

Suspect a loved one is being abused in a Florida nursing home? Call Orlan Injury Law at 954-281-2540. We will fight for their dignity and their rights.

Dog Bites

Dog Bite Laws in Florida: Strict Liability Explained

By Joshua E. Orlan, Esq. · 4 min read

Florida has some of the strongest dog bite laws in the country for victims. If you or a loved one has been attacked by a dog in Florida, here is what you need to know about your rights.

Florida's Strict Liability Standard

Under Florida Statute 767.04, dog owners are strictly liable for bites that occur in a public place or lawfully in a private place — regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous. This is known as strict liability, and it is a significant protection for victims.

In many states, victims must prove the owner knew the dog was dangerous — the so-called "one bite rule." Florida has no such requirement.

What Damages Can You Recover?

Dog bite victims in Florida can recover medical expenses including emergency care, surgery, and ongoing treatment, lost wages, pain and suffering, emotional distress, and compensation for permanent scarring or disfigurement, which is common in dog bite cases.

Comparative Negligence and Provocation

There are two main defenses available to dog owners in Florida. If the victim was trespassing, the owner may not be liable. And if the victim provoked the dog, their compensation may be reduced in proportion to their fault. Children are generally given more protection in these situations because they may not understand that their actions provoked an animal.

Act Quickly

Report the bite to animal control immediately. Seek medical treatment — dog bites carry serious infection risks. Document your injuries with photographs. Get the owner's information and any witness information. And contact an attorney before speaking with the owner's homeowner's insurance company.

Bitten by a dog in Florida? Call Orlan Injury Law at 954-281-2540 for a free consultation. Florida law is on your side.

Local

Most Dangerous Roads and Intersections in Broward County

By Joshua E. Orlan, Esq. · 4 min read

Broward County consistently ranks among the most dangerous counties in Florida for traffic fatalities and serious injuries. Understanding where accidents happen most frequently — and why — can help drivers stay safe. And if you are injured on one of these roads, knowing that a location has a documented history of accidents can actually strengthen your personal injury claim.

Most Dangerous Roads in Broward County

US-1 (Federal Highway): Running the length of the county, US-1 is one of the most dangerous corridors in South Florida, with high pedestrian accident rates and frequent rear-end and T-bone collisions at its many traffic signals.

I-95: Florida's most dangerous highway passes directly through Broward County. High speeds, heavy truck traffic, and aggressive driving make it the site of numerous fatal crashes each year.

US-441 (State Road 7): A heavily trafficked commercial corridor with multiple dangerous intersections, particularly in Lauderdale Lakes, Margate, and North Lauderdale.

Sunrise Boulevard: A major east-west artery with a history of pedestrian fatalities and high-speed crashes, particularly around the Turnpike interchange.

Sample Road: Running through Coral Springs, Coconut Creek, and Margate, Sample Road sees frequent accidents at major intersections including Lyons Road and University Drive.

What This Means for Your Case

When accidents occur repeatedly at the same location, it can indicate a design defect, inadequate signage, or a maintenance failure — which means the government entity responsible for that road may share liability for your injuries. An experienced attorney will investigate whether road conditions contributed to your accident.

Injured in an accident on a Broward County road? Call Orlan Injury Law at 954-281-2540 for a free consultation.

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Florida Injury Law Blog

What to Do Immediately After a Car Accident in Florida

1. Check for Injuries and Call 911

2. Seek Medical Attention — Even If You Feel Fine

3. Document Everything at the Scene

4. Do Not Admit Fault

5. Report to Your Insurance Company

6. Contact a Personal Injury Attorney First

Florida Personal Injury Statute of Limitations: What You Need to Know

What Is the Deadline?

Why Does This Matter?

Are There Exceptions?

Do Not Wait

How Much Is My Personal Injury Case Worth in Florida?

Economic Damages

Non-Economic Damages

Key Factors That Affect Value

Never Accept the First Offer

Why Insurance Companies Lowball Personal Injury Settlements

The Adjuster's Real Job

Common Tactics

The Solution

Slip and Fall Accidents in Florida: Proving Liability

What You Must Prove

The "Knew or Should Have Known" Standard

Common Hazards

What to Do After a Slip and Fall

How Long Does a Personal Injury Case Take in Florida?

Phase 1: Medical Treatment (Weeks to Months)

Phase 2: Pre-Suit Negotiation (1–6 Months)

Phase 3: Filing a Lawsuit (If Necessary)

Phase 4: Discovery (6–18 Months)

Phase 5: Trial or Settlement

What Happens If the Other Driver Has No Insurance in Florida?

Florida's No-Fault System and PIP

Uninsured Motorist Coverage: Your Most Important Protection

Can You Sue an Uninsured Driver Directly?

What to Do at the Scene

Florida PIP Insurance Explained: What Does It Actually Cover?

What PIP Covers

The Emergency Medical Condition Requirement

Where PIP Falls Short

Stepping Outside the No-Fault System

Can I Sue If I Was Partially at Fault for My Florida Accident?

Florida's Modified Comparative Negligence Law

Why This Change Matters

Do Not Accept the Insurance Company's Fault Assessment

Truck Accident vs. Car Accident: Why Truck Cases Are Different

Multiple Potentially Liable Parties

Federal Regulations

Evidence Preservation Is Critical

Higher Insurance Coverage

Does a Pre-Existing Condition Hurt My Personal Injury Case?

The Eggshell Plaintiff Rule

The "Aggravation of Pre-Existing Condition" Claim

Why Medical Records Matter So Much

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