Guide to Florida Personal Injury Law in Miami

Estimated read time: 12 min read

Introduction: Why Miami Residents Must Know Their Injury Rights

Every year, thousands of Miamians are hurt in car crashes on I-95, slips at popular shopping districts like Bayside Marketplace, boating collisions on Biscayne Bay, and worksite accidents at fast-growing construction projects across the city. If you or a loved one has been injured, understanding Florida personal injury law in Miami can make the difference between a fair recovery and bearing the financial burden alone. This guide breaks down key Florida statutes, local court procedures, and practical steps—always with a slight bias toward protecting injured individuals.

We cover:

• Florida’s two-year statute of limitations for negligence (post-2023 changes).

• The state’s modified comparative negligence rule and how it affects settlement value.

• Mandatory Personal Injury Protection (PIP) coverage and when you can step outside Florida’s no-fault system.

• Actionable, step-by-step advice after a car accident, slip and fall, boating mishap, workplace injury, defective product incident, or wrongful death in Miami.

Local resources—from the Florida Department of Highway Safety and Motor Vehicles to Miami-Dade court locations—plus when to contact an experienced attorney.

Disclaimer: This guide is for informational purposes only and is not legal advice. Consult a licensed Florida personal injury lawyer about your specific situation.

Understanding Florida Personal Injury Law

1. Statute of Limitations

Under Florida Statutes §95.11, most negligence-based personal injury claims (e.g., auto accidents, slip and falls, product liability) must be filed within two years of the date of injury. This deadline was shortened from four years by House Bill 837 in March 2023. Some exceptions include:

• Medical malpractice: Two years from the date the incident was discovered or should have been discovered, but never more than four years from the act, except fraudulent concealment can extend to seven years.

• Wrongful death: Two years from the date of death.

• Claims against government entities: Written notice within three years (wrongful death two years) plus a mandatory six-month waiting period before filing suit (Fla. Stat. §768.28).

2. Modified Comparative Negligence

Florida replaced its pure comparative negligence system in 2023. Under the new modified standard (Fla. Stat. §768.81):

• Your damages are reduced by your percentage of fault.

• If you were more than 50 % at fault, you cannot recover anything—except in medical malpractice cases, which remain pure comparative.

Example: A Miami jury finds your damages total $100,000 for a Wynwood scooter crash. If you were 30 % responsible, your award becomes $70,000. If 55 % at fault, you recover nothing.

3. Florida’s No-Fault Auto Insurance (PIP)

Florida drivers must carry at least $10,000 in Personal Injury Protection and $10,000 in Property Damage Liability (Fla. Stat. §627.736). After a crash:

• PIP pays 80 % of reasonable medical expenses and 60 % of lost wages, up to policy limits, regardless of fault.

• You have 14 days to seek initial medical treatment for PIP to apply.

• You may step outside the no-fault system and sue an at-fault driver if you sustain a “serious injury” (permanent or significant disfigurement, scarring, or loss of bodily function) or if your medical bills exceed PIP limits.

4. Damages in Florida Personal Injury Cases

Successful claimants can request:

• Economic damages: Medical bills, future care, lost wages, lost earning capacity, property damage.

• Non-economic damages: Pain, suffering, mental anguish, loss of enjoyment, loss of consortium.

• Punitive damages: Only if the defendant’s conduct was intentional or grossly negligent. Capped at three times compensatory damages or $500,000 (Fla. Stat. §768.73).

• Medical malpractice caps: The Florida Supreme Court struck down wrongful death non-economic caps (Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014)) but standard personal injury caps ($500k per practitioner/$1 million for catastrophic) may still apply depending on case law trends—discuss with counsel.

Common Personal Injury Case Types in Miami

1. Car, Truck & Rideshare Accidents

Miami’s dense traffic and influx of tourists contribute to high crash rates. According to the FLHSMV Crash Dashboard, Miami-Dade County recorded more than 63,000 traffic collisions in 2022. To prove liability you typically need to show:

• The defendant owed a duty (all drivers must operate reasonably).

• They breached that duty (speeding on US-1, distracted driving during Art Basel, etc.).

• The breach caused your injuries.

• You suffered damages.

Special notes for rideshare crashes:

• Uber/Lyft provide up to $1 million in liability coverage while the app is in “Trip” mode.

• You must pursue PIP first, then the at-fault driver, then Lyft/Uber’s policy.

2. Slip, Trip & Fall (Premises Liability)

Under Fla. Stat. §768.0755, a plaintiff must prove that a business had actual or constructive knowledge of the dangerous condition (e.g., wet aisle at a Brickell supermarket) and failed to take action. Evidence can include cleaning logs, surveillance footage, and witness statements.

3. Boating & Jet Ski Accidents

Biscayne Bay and the Intracoastal Waterway see heavy recreational traffic. Collisions often stem from operator inattention or alcohol. Victims may sue the boat owner, rental company, or manufacturer under negligence or product liability theories.

4. Workplace Injuries

Florida’s workers’ compensation system (administered by the Florida Department of Financial Services, Division of Workers’ Compensation) generally bars lawsuits against employers. However, you can file a tort claim against third parties—such as negligent subcontractors at a Brickell construction site.

5. Defective Products

Florida follows strict liability when a product is unreasonably dangerous due to design, manufacturing, or inadequate warnings. Miami residents harmed by faulty e-scooters or recalled home appliances may sue manufacturers and distributors.

6. Wrongful Death

Per Fla. Stat. §768.16-26, the personal representative of the estate may recover funeral costs, lost support, and emotional damages for surviving family. The action must commence within two years of death.

Florida Legal Protections & Recent Court Rulings

1. Sovereign Immunity Limits

When a government agency (e.g., Miami-Dade Transit) is liable, damages are capped at $200,000 per person/$300,000 per incident unless the legislature approves a higher amount.

2. Dangerous Instrumentality Doctrine

Florida courts impose vicarious liability on vehicle owners for drivers’ negligence. A rental car company may escape liability under federal law (the Graves Amendment), but private owners in Miami can be sued.

3. Recent Case Law Impacting Claimants

• Dial v. Calusa Palms, 308 So.3d 690 (Fla. 2d DCA 2020) reaffirmed that comparative fault applies to premises liability.

• Wilsonart, LLC v. Lopez, 308 So.3d 961 (Fla. 2020) adjusted summary judgment standards, making high-quality video evidence more influential in early dismissal motions.

• Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014) invalidated med-mal wrongful death non-economic caps as unconstitutional, strengthening family claims.

4. Attorney’s Fees & Contingency Agreements

Most Miami accident attorneys work on contingency (no fee unless you win), regulated by Florida Bar Rule 4-1.5(f). Typical percentages: 33⅓ % pre-suit up to $1 million; 40 % after lawsuit filed.

Critical Steps to Take After an Injury in Miami

1. Seek Immediate Medical Attention

Your health comes first, and prompt care also establishes a crucial record for insurance companies. Remember the 14-day PIP treatment window for auto collisions.

2. Report the Incident

• Auto crashes: Call 911. Florida law requires police reporting if injuries, death, or apparent damage exceed $500 (Fla. Stat. §316.066).

• Slip & fall: Notify store management and obtain an incident report.

• Boating accidents: Report to the Florida Fish and Wildlife Conservation Commission if injuries exceed $2,000 or someone disappears.

• Work injuries: Tell your employer within 30 days; failure may bar workers’ comp benefits.

3. Preserve Evidence at the Scene

• Photograph hazards, vehicle positions, debris, and visible injuries.

• Collect witness names and phone numbers—tourists often leave Miami quickly.

• Save physical evidence (defective ladder, torn clothing).

4. Keep All Records

Create a dedicated folder (digital or physical) with medical bills, diagnostic images, prescription receipts, pay stubs, and daily pain journals.

5. Notify Insurers—but Guard Your Words

You typically must alert your own insurer “promptly” (sometimes within 24 hours for PIP). Give basic facts only. Do not provide a recorded statement or sign a release until you consult counsel.

6. Calculate Deadlines

Mark your two-year statute of limitations date. Missing it almost always kills your claim.

7. Consult a Qualified Miami Injury Lawyer

Early legal representation helps protect evidence, coordinate medical care, and negotiate strategically with insurers who often undervalue unrepresented claims.

When to Seek Legal Help in Florida

While minor fender benders may settle through PIP, the following red flags mean you should call an attorney immediately:

• Serious injuries: fractures, surgery, spinal damage, traumatic brain injury.

• Liability disputes or allegations that you were mostly at fault.

• Multiple parties or commercial defendants (trucking companies, condos, cruise lines).

• Insurance adjuster pressuring quick, low settlements or requesting broad medical releases.

• Upcoming statute of limitations.

Why Louis Law Group?

• Exclusive focus on Florida personal injury law and insurance disputes.

• Local Miami presence—familiar with Miami-Dade juries, judges, and adjusters.

• In-house former insurance defense counsel who know carrier tactics.

• No fee unless we win; free case evaluation 24/7.

If you’ve been injured in Florida, call Louis Law Group at 833-657-4812 for a free case evaluation today.

Local Resources & Next Steps

State & County Agencies

Florida DHSMV Crash Reports Portal – order your accident report. Florida Department of Financial Services – file insurance complaints. Miami-Dade Self-Help Law Program – limited pro se resources. Miami-Dade Clerk of Courts – docket searches, filing information.

Non-Profit & Legal Aid

• Legal Services of Greater Miami – free civil legal assistance for low-income residents.

• Dade County Bar Lawyer Referral Service – prescreens attorneys in various practice areas.

Checklist Before You Call an Attorney

• Gather crash/police or incident reports.

• List all medical providers and appointment dates.

• Calculate out-of-pocket expenses to date.

• Prepare photos/videos of the accident site and injuries.

• Write a timeline describing pain levels and activity limitations.

Equipped with these materials, you’ll maximize the value of your initial consultation.

Ready to discuss your Miami injury claim? Call Louis Law Group now at 833-657-4812 or complete our quick online form for a free, no-obligation case evaluation. We fight insurance companies so you can focus on healing.