Guide to Florida Personal Injury Law in Miami – Know Your Rights

10 min read

Introduction: Why Understanding Florida Personal Injury Law Matters in Miami

Miami’s fast-paced streets, bustling ports, and booming tourism industry unfortunately create thousands of preventable injuries every year. According to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County consistently records the highest crash totals in the state. Add in slip-and-fall incidents at high-rise condos, recreational boating collisions on Biscayne Bay, construction site mishaps, and defective consumer goods, and it becomes clear why injured residents must know their legal rights. This comprehensive guide—focused on Florida personal injury law in Miami—explains the rules, deadlines, and practical steps that can protect your health, your finances, and your future. The information below is tailored to common Florida claim types—car accidents, premises liability (slips, trips, and falls), boating accidents, workplace injuries, defective products, and wrongful death. While the content favors accident victims, it is grounded in statutes, court precedent, and agency guidance. If questions remain, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Florida Personal Injury Law

1. Statute of Limitations

In 2023, Florida shortened most negligence deadlines from four years to two years. Under Florida Statutes § 95.11(4)(a), you generally have two years from the date of injury to file a lawsuit for personal injury. Wrongful death actions also carry a two-year deadline (§ 95.11(4)(d)). Missing this window can bar your claim, so act quickly.

2. Pure Comparative Negligence (Pre-2023) to Modified Comparative Negligence (Post-2023)

Florida traditionally followed “pure comparative negligence,” allowing recovery even if you were 99% at fault—your damages simply reduced by that percentage. The 2023 tort reform (HB 837) shifted most negligence cases to modified comparative negligence. If you are more than 50% responsible, you may be barred from any recovery. Medical negligence cases remain on the pure system. Understanding how fault is allocated is crucial when negotiating with insurers.

3. Mandatory Personal Injury Protection (PIP) for Motorists

Florida is a “no-fault” auto insurance state. Every owner must carry at least $10,000 in PIP coverage under Florida Statutes § 627.736. PIP pays 80% of reasonable medical expenses and 60% of lost wages regardless of fault, but benefits are limited and must be accessed within 14 days of the crash. Severe injuries can pierce the no-fault threshold and allow a negligence claim for pain and suffering.

4. Damage Caps

Florida does not cap damages in most negligence cases. Caps apply primarily to noneconomic damages in certain medical malpractice actions, subject to evolving court rulings (e.g., North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017) struck down statutory caps for wrongful death in med-mal cases). Always review current precedent with counsel.

Common Types of Personal Injury Cases in Florida

1. Motor Vehicle Accidents

With I-95, the Palmetto Expressway, and endless rideshare traffic, Miami sees over 60,000 crashes annually. To succeed on a negligence claim, plaintiffs must prove: (1) duty of care, (2) breach, (3) causation, and (4) damages. Evidence often includes police reports, video footage, vehicle black-box data, and expert testimony on accident reconstruction.

2. Slip-and-Fall / Premises Liability

Florida Statutes § 768.0755 requires plaintiffs injured by a “transitory foreign substance” on a business premises (think water on a supermarket floor) to prove the business had actual or constructive notice of the hazard and failed to remedy it. Surveillance footage, incident reports, and witness statements are critical.

3. Boating & Jet Ski Accidents

Miami’s waterways host one of the nation’s largest recreational fleets. Claims often involve operator negligence, alcohol use, and failure to follow navigational rules under both Florida and federal maritime laws. Victims must report incidents involving death, disappearance, or significant injury to the Florida Fish and Wildlife Conservation Commission within 48 hours.

4. Workplace Injuries

Florida workers’ compensation is generally the exclusive remedy against an employer (Florida Statutes § 440). However, third-party claims—for example, against a negligent subcontractor or equipment manufacturer—may provide additional recovery. Strict deadlines govern reporting and physician selection.

5. Defective Products

Florida follows strict liability for manufacturing and design defects as set forth in West v. Caterpillar Tractor Co., 336 So. 2d 80 (Fla. 1976). Plaintiffs need not prove negligence—only that the product was unreasonably dangerous and caused injury. Keep the product, packaging, and receipts as evidence.

6. Wrongful Death

Under the Florida Wrongful Death Act (§ 768.16-768.26), the personal representative of the deceased’s estate brings the claim on behalf of survivors. Damages can include lost companionship, mental pain and suffering, and medical/funeral expenses. The two-year statute of limitations applies.

Florida Legal Protections & Regulations Impacting Your Claim

Key Statutes and Administrative Rules

• Florida Statutes Chapter 95 – Time limitations on actions.

• Chapter 627 – Motor vehicle insurance (PIP & BI).

• Chapter 768 – Negligence, sovereign immunity, and tort reform provisions.

• Chapter 440 – Workers’ compensation system.

Staying informed about legislative changes—like the 2023 tort reform—is essential. Courts in Miami-Dade (11th Judicial Circuit) follow binding precedent from Florida’s Third District Court of Appeal. Recent decisions have tightened expert admissibility standards (Daubert) and clarified the disclosure of medical “letters of protection.”

Government Immunity & Notice Requirements

Suing a government entity (e.g., City of Miami) requires pre-suit notice to the appropriate agency and the Florida Department of Financial Services within three years (§ 768.28(6)). The sovereign immunity cap is $200,000 per person/$300,000 per incident absent legislative claims bills.

Medical Records & Billing Transparency

Recent amendments to § 768.0427 require plaintiffs to produce detailed medical billing affidavits and impose guidelines for calculating past and future medical expenses. Experienced counsel can ensure compliance while maximizing recovery.

Steps to Take After an Injury in Miami

Get Immediate Medical Care Prioritize health. Call 911 or visit a trauma-level facility such as Jackson Memorial Hospital. For auto crashes, PIP benefits require treatment within 14 days. Report the Incident

- Auto accidents: Notify Miami-Dade Police or Florida Highway Patrol if injuries or damage exceed $500.

- Slip-and-falls: File an incident report with property management.

- Boating incidents: Report to the U.S. Coast Guard or Florida Fish and Wildlife Commission.

Document Everything Use your phone to photograph the scene, hazards, vehicle damage, weather conditions, and visible injuries. Gather witness names and contact details. Preserve Evidence Keep damaged products, torn clothing, medical devices, and all medical billing statements. Do not repair your vehicle until it is documented. Notify Insurers, but Be Cautious Florida policies require prompt notice, yet recorded statements can be used against you. Provide basic facts; decline to speculate. Consider consulting an attorney first. Track Expenses & Lost Wages Create a folder for receipts, prescription costs, mileage to appointments, and employer wage statements. Avoid Social Media Discussion Defense teams monitor posts. Even innocuous photos can distort perceptions of your injury.

When to Seek Legal Help in Florida

Minor fender-benders may be handled with minimal negotiation, but most claims benefit from experienced representation when:

• You sustain permanent injury, scarring, or disfigurement.

• Liability is disputed or multiple parties share fault.

• You are overwhelmed by medical bills or lost income.

• An insurance adjuster pressures you to accept a quick settlement.

• You face a complex arena—government defendants, maritime law, defective products, or wrongful death.

Louis Law Group’s Miami attorneys are licensed under Chapter 454 of the Florida Statutes and have litigated cases in Miami-Dade Circuit Court and federal Southern District of Florida. The firm advances costs, leverages accident reconstructionists, and negotiates medical liens so clients focus on healing.

If you or a loved one was injured, call Louis Law Group at 833-657-4812 for a free, no-obligation consultation. The firm charges no fees unless money is recovered.

Local Resources & Next Steps

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Crash reports, traffic safety statistics, and driver license services. Florida Department of Financial Services – Consumer insurance complaints and mediation. Miami-Dade Clerk of Courts – Filing information for civil claims, e-filing portal, and court dates.

• Legal Aid: Legal Services of Greater Miami offers income-based assistance in landlord-tenant and public benefits disputes that may intersect with injury claims.

• Support Groups: Jackson Health’s Trauma Survivors Network provides peer support for catastrophic injury victims.

Regardless of case type, acting swiftly preserves evidence and protects your financial recovery. Most reputable firms, including Louis Law Group, offer free initial consultations and work on contingency fees regulated by the Florida Bar. Time is not on your side—deadlines, surveillance footage loops, and witness memories fade.

Ready to discuss your case? Call Louis Law Group at 833-657-4812 for your free case evaluation today.

Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship. Laws change frequently; consult a licensed Florida attorney about your specific situation.