Top Twenty-Five Legal Questions Central Floridians Asked in 2025.

Most Common Legal Questions in 2025

Updated August 4 2025 for residents of Volusia, Flagler, Orange, and Seminole Counties.

Every day Central Floridians enter thousands of legal queries into Google, seeking straightforward guidance on everything from car accidents along I-4 to wage disputes in Orlando restaurants. The questions reflect real concerns about rights, deadlines, and dollars at stake under Florida’s rapidly changing statutes. Drawing on the issues that generated the highest search volume in Volusia, Flagler, Orange, and Seminole Counties over the past year, this article delivers clear, statute-based answers in plain language, without legal jargon. Whether you need to know how long you have to sue after a crash, what breaks must be paid under the Fair Labor Standards Act, or how Florida’s modified comparative fault rule affects your recovery, you will find reliable direction below. If your situation demands individualized advice, My Affordable Attorney stands ready to help, offering free consultations and a flat twenty-five percent contingency fee that leaves more of any recovery where it belongs: with you.

Personal-Injury and Accident Law

1. What should I do after a car accident in Florida?

Drivers must stop, assist the injured (if it can be done without endangering yourself), and notify law enforcement when injuries or significant property damage occur. See Fla. Stat. § 316.062. Seek medical care within fourteen-days to preserve Personal Injury Protection benefits under § 627.736. Photograph the scene, exchange insurance information, and decline recorded statements until counsel is present.

2. How long do I have to file a personal-injury lawsuit in Florida?

Most negligence claims must be filed within two years of the incident. See Fla. Stat. § 95.11(4)(a). Wrongful-death actions share the same two-year limit under § 95.11(4)(d).

3. How long after a car accident can I sue in Florida?

The statute allows two years, but critical evidence—event-data modules, dash-camera video, and eyewitness memory—can disappear within weeks. Early legal engagement preserves proof and improves settlement leverage.

4. Can I sue for a slip-and-fall injury in Florida?

Yes, if you establish that the owner had actual or constructive knowledge of the hazard and failed to correct it. The elements appear in Fla. Stat. § 768.0755.

5. What is Personal Injury Protection ("PIP"/"No-Fault") insurance and how does it affect my claim?

Every Florida vehicle owner must carry at least $10,000 in PIP coverage. See Fla. Stat. § 627.736. PIP pays eighty percent of reasonable medical expenses and sixty percent of lost income up to its limit, regardless of fault. Remaining losses are claimed against the negligent driver or an uninsured-motorist policy.

6. How are pain-and-suffering damages calculated in Florida?

No statute provides a formula. Juries consider permanence, severity, and life impact, guided by pattern instructions and prior verdicts. See <u>Smith v. R.J. Reynolds Tobacco Co.</u>, 275 So. 3d 714 (Fla. 1st DCA 2019).

7. Can I recover lost wages after an accident in Florida?

Yes. PIP covers sixty percent of wages up to its limit. Additional wage loss and diminished earning capacity may be sought from the at-fault party or an uninsured-motorist carrier pursuant to Fla. Stat. § 627.727.

8. What if I am partially at fault for my accident in Florida?

Florida follows a modified comparative-fault rule. A claimant more than fifty percent responsible recovers nothing; otherwise, damages are reduced by the assigned percentage. See Fla. Stat. § 768.81(6)(b).

9. How much does a personal-injury lawyer cost in Florida?

Rule 4-1.5 of the Rules Regulating The Florida Bar permits a fee of thirty-three percent before suit and forty percent after an answer is filed in a lawsuit. My Affordable Attorney charges a flat 25 percent at every stage.

10. What is the average car-accident settlement in Central Florida?

Soft-tissue cases often resolve below $15,000; multi-fracture or surgical claims can exceed $300,000 or reach policy limits. The Florida Jury Verdict Reporter listed the 2024 Volusia County median at approximately $35,000.

11. Can I sue the other driver’s insurance company in Florida?

Generally, no. Florida’s “non-joinder” statute bars direct actions against a liability insurer until the claimant secures a judgment against the insured. See Fla. Stat. § 627.4136. A separate bad-faith suit may follow only after liability and damages are established.

Motor-Vehicle and Insurance Issues

12. Is it illegal to drive without insurance in Florida?

Yes. Operating a vehicle without PIP and property-damage liability coverage violates Fla. Stat. § 324.022 and triggers license suspension and reinstatement fees.

13. What is Florida’s Lemon Law for vehicles?

The Motor Vehicle Warranty Enforcement Act requires repurchase or replacement of a new vehicle with a substantial defect that persists after a reasonable number of repair attempts or thirty cumulative shop days in the first twenty-four months. See Fla. Stat. §§ 681.102, 681.104.

Family Law Essentials

14. How do I file for divorce in Florida?

File a Petition for Dissolution of Marriage in circuit court, serve the other spouse, and exchange mandatory financial disclosures. A twenty-day waiting period follows service before final hearing. See Fla. Stat. § 61.043.

15.What is alimony in a Florida divorce?

Amended Fla. Stat. § 61.08 allows bridge-the-gap, rehabilitative, and durational alimony. Permanent alimony is largely eliminated. Courts weigh need, ability to pay, marriage length, and each spouse’s contributions.

16. How is child support calculated in Florida?

Guidelines allocate support based on combined net incomes, health insurance, and parenting time. Courts may adjust for extraordinary expenses. See Fla. Stat. § 61.30.

Employment and Wage Questions

17. What is minimum wage in Florida?

Florida’s minimum wage rose to $13.00 per hour on September 30 2025 pursuant to Fla. Const. art. X, § 24 and Fla. Stat. § 448.110. The federal minimum wage remains $7.25 per hour; employers in Florida must pay the higher state rate.

18. Does an employee have a wage claim for work performed during unpaid breaks?

Under the Fair Labor Standards Act, bona fide meal periods of at least thirty minutes are unpaid only if the employee is completely relieved of duties. If the employer requires any work, the time is compensable. Florida permits a private wage suit and awards attorney’s fees under Fla. Stat. § 448.08.

19. How can an employee get paid while on FMLA in Florida?

The Family and Medical Leave Act secures up to twelve weeks of job-protected leave without pay. Employees may substitute accrued PTO or receive short-term disability benefits if offered by the employer. Florida imposes no additional wage-replacement requirement.

Criminal Law Concerns

20. Is a DUI a felony in Florida?

A first or second DUI within five years is a misdemeanor. A third within ten years, a fourth at any time, or any DUI causing serious bodily injury becomes a third-degree felony under Fla. Stat. § 316.193.

21. Can a defendant be jailed at an arraignment in Florida?

Arraignment is merely a plea hearing. Bond conditions are set earlier at first appearance under Fla. R. Crim. P. 3.130. A defendant already on bond will not be detained at arraignment absent a new violation or a bond-revocation motion with evidentiary support.

Probate, Property, and Consumer Issues

22. What is probate, and how does it work under Florida law?

Probate validates the will, identifies heirs, pays creditors, and distributes assets. Formal administration applies to estates exceeding $75,000 or requiring a personal representative. See Fla. Stat. §§ 733.601-733.620. Smaller estates may use summary administration.

23. What is the legal eviction process for landlords and tenants in Florida?

For non-payment, landlords serve a three-day notice under Fla. Stat. § 83.56(3). For material lease violations, a seven-day notice issues under § 83.56(2). If the tenant fails to cure, the landlord files an eviction complaint, and the tenant must answer within five business days.

24. How long does a landlord have to return a security deposit in Florida?

Within fifteen days of lease termination the landlord must return the deposit unless intending to impose a claim. A claim must be sent within thirty days, and the tenant then has fifteen days to object. See Fla. Stat. § 83.49.

25. Is recreational marijuana legal in Florida?

No. Possession of fewer than 20 grams is a first-degree misdemeanor under Fla. Stat. § 893.13(6)(b). Statewide legalization would require a constitutional amendment that has not yet passed.

Immigration and Intellectual Property

26. What is a green card, and what is Florida’s filing process?

A lawful permanent resident card allows indefinite residence and employment in the United States. Florida residents already present file Form I-485 with USCIS; applicants abroad complete consular processing. State law does not alter federal eligibility.

27. What is intellectual property?

Intellectual property includes patents, trademarks, copyrights, and trade secrets. Federal statutes govern patents (35 U.S.C.), trademarks (15 U.S.C.), and copyrights (17 U.S.C.). Florida protects trade secrets through Fla. Stat. §§ 688.001-688.009.

28. How do I trademark a name in the United States?

Begin with a USPTO search, file an application identifying goods or services, respond to any Office Action, and, after publication without opposition, receive registration under the Lanham Act. Florida also offers state registration under Fla. Stat. §§ 495.031-495.191.

Criminal Records and Privacy

29. Can I expunge or seal my criminal record in Florida?

An adult with a single qualifying offense may petition to seal under Fla. Stat. § 943.059 or to expunge under § 943.0585 after obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement. Disqualifying convictions and prior seals or expungements bar relief.

30. Is it legal to record phone calls in Florida?

Florida is a two-party-consent state. Intercepting or recording a private conversation without the consent of all parties constitutes a felony under Fla. Stat. § 934.03. Consent may be express or implied from circumstances, but caution and written permission are prudent.

Central Floridians search these thirty questions most often because the answers affect their rights, finances, and freedom. Each response above cites controlling Florida law so readers can verify the information and act with confidence. If your concern appears here, or if you face a different legal issue, contact My Affordable Attorney for a free consultation. Our 25% percent contingency fee means more of any recovery stays with you. No Win = No Fee. Call or Email today to discuss your unique situation.