Miami Guide to Florida Personal Injury Law & Rights

Estimated Read Time: 11 min read

Introduction: Why Understanding Florida Personal Injury Law Matters in Miami

Miami’s vibrant streets, bustling ports, and world-famous beaches attract millions of residents, commuters, and visitors every year. Unfortunately, the same factors that make South Florida exciting also increase the risk of accidents. In 2022 alone, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) recorded more than 63,000 crashes in Miami-Dade County—an average of 173 incidents every day. From rear-end collisions on I-95 to slip-and-fall injuries in Coconut Grove shopping centers, knowing your rights under Florida personal injury law can be the difference between full compensation and paying out of pocket.

This guide is written for injured individuals in Miami who are searching for a “injury lawyer near me” or “miami accident attorney.” We cover:

• Florida’s updated statute of limitations (generally two years for negligence claims filed after March 24, 2023).

• The state’s modified comparative negligence rule.

• Mandatory insurance requirements, including no-fault Personal Injury Protection (PIP).

• Actionable steps after auto, boating, workplace, product-defect, or wrongful-death accidents.

• Local court options and helpful Miami resources.

Above all, we aim to empower you—the injured party—to protect your legal rights and maximize recovery. If you need personalized guidance now, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Florida Personal Injury Law

1. Statute of Limitations: Know Your Deadline

Florida House Bill 837, signed on March 24, 2023, reduced the general negligence statute of limitations from four years to two years (Fla. Stat. §95.11(4)(a)). Missing this window almost always bars your claim. Key timelines:

• General negligence (car accidents, slip and fall): 2 years from the date of injury.

• Medical malpractice: 2 years from discovery but no later than 4 years from the act (still pure comparative negligence).

• Wrongful death: 2 years.

• Claims against government entities: Presuit notice within 3 years; lawsuit after 6-month investigation period (Fla. Stat. §768.28).

2. Comparative Negligence Standard

Florida recently shifted to a modified comparative negligence framework (HB 837). If you are more than 50 percent responsible, you cannot recover damages (except in medical malpractice, which remains pure comparative). Otherwise, your award decreases proportionally to your share of fault.

3. Mandatory No-Fault Insurance (PIP)

Florida remains one of the few no-fault states. Drivers must carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). PIP covers:

• Up to 80 percent of reasonable medical expenses.

• 60 percent of lost wages.

• $5,000 death benefit.

To access PIP, injured parties must seek treatment within 14 days of the crash (Fla. Stat. §627.736).

4. Damages Available Under Florida Law

Successful personal injury claimants may pursue:

• Economic damages: Medical bills, rehabilitation, lost earnings, out-of-pocket costs.

• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life.

• Punitive damages: Capped at triple the compensatory damages or $500,000 (Fla. Stat. §768.73), reserved for intentional misconduct or gross negligence.

Common Types of Personal Injury Cases in Miami

1. Auto and Rideshare Accidents

With congested roadways like the Dolphin Expressway (SR-836) and high Uber/Lyft traffic, Miami sees thousands of auto crashes annually. Liability often hinges on:

• Breach of traffic laws (speeding, DUI, distracted driving).

• Vehicle owner negligence (e.g., negligent entrustment).

• Defective auto parts (product liability).

For ridesharing, Florida Statutes §627.748 requires $1 million combined liability coverage while carrying passengers.

2. Slip-and-Fall & Premises Liability

Property owners owe lawful visitors a duty to maintain reasonably safe premises. Under Owens v. Publix Supermarkets, 802 So. 2d 315 (Fla. 2001), plaintiffs must show the owner knew—or should have known—about the dangerous condition. Surveillance footage and incident reports are key evidence.

3. Boating & Jet-Ski Injuries

Miami’s coastal lifestyle leads Florida in recreational boating registrations. Common claims stem from operator inattention, alcohol use, and inadequate vessel maintenance. The U.S. Coast Guard requires accident reports within 48 hours when injuries need medical treatment beyond first aid.

4. Workplace & Construction Accidents

While most on-the-job injuries fall under Florida’s Workers’ Compensation system, third-party claims (e.g., defective machinery) may yield additional compensation. Florida employers must secure coverage if they have four or more employees (Fla. Stat. §440.02).

5. Defective Products

From malfunctioning e-scooters on Brickell sidewalks to faulty airbags, product manufacturers can be held liable under theories of negligence, strict liability, and breach of warranty.

6. Wrongful Death

Under Florida’s Wrongful Death Act (Fla. Stat. §§768.16–768.26), the personal representative may recover funeral costs, lost support, and mental pain and suffering for survivors.

Florida Legal Protections & Recent Court Rulings

1. Medical Malpractice Damage Caps

After Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), non-economic damage caps in wrongful-death medical malpractice cases were deemed unconstitutional. Economic damages remain uncapped; punitive damages are rarely awarded.

2. Sovereign Immunity Limits

Claims against state or local entities are capped at $200,000 per person and $300,000 per incident (Fla. Stat. §768.28). Legislative claims bills can waive caps, but the process is complex.

3. Recent Comparative Negligence Shift

HB 837’s change to modified comparative negligence may significantly affect settlement values. Medical malpractice cases, however, still follow pure comparative negligence, per Fla. Stat. §766.202.

4. Crashworthiness Doctrine

The Florida Supreme Court recognized enhanced injury claims in BMW of N. Am. v. Kraycarsky, highlighting that manufacturers can be liable for worsening injuries even if plaintiffs helped cause the initial collision.

Steps to Take After an Injury in Miami

1. Seek Immediate Medical Attention

Even minor pain could signal serious internal injury. Document treatment within 14 days to unlock PIP benefits. Save bills, prescriptions, and diagnostic reports.

2. Report the Accident

• Auto crash: Call 911. Florida law mandates police reports for crashes involving injury, death, or property damage of $500+.

• Boating accident: Notify the Florida Fish and Wildlife Conservation Commission (FWC).

• Workplace injury: Inform your employer within 30 days.

3. Document and Preserve Evidence

• Photograph scene, injuries, vehicle damage, and safety hazards.

• Collect witness names and contact information.

• Preserve physical evidence (defective parts, torn clothing).

• Save correspondence with insurers and medical providers.

4. Notify Insurance Carriers Promptly

Submit PIP or workers’ comp claims quickly. Avoid recorded statements until you consult counsel.

5. Track Economic Losses

Create a spreadsheet of lost work hours, mileage to doctors, and home-health expenses. These figures substantiate economic damages.

6. Consult a Miami Personal Injury Lawyer

Complex statutes, shortened deadlines, and powerful insurance companies can overwhelm unrepresented claimants. An attorney can:

• Investigate liability and preserve evidence.

• Calculate full damages—both economic and non-economic.

• Negotiate liens and subrogation claims.

• Litigate before Miami-Dade Circuit Court or federal court if needed.

Tip: Initial consultations at Louis Law Group are free, and you pay nothing unless we recover compensation for you.

When to Seek Legal Help in Florida

Hire counsel immediately if:

• You face serious or permanent injuries.

• The insurer denies or undervalues your claim.

• Multiple parties or commercial vehicles are involved.

• A government agency or foreign cruise line is a defendant (special notice rules apply).

Louis Law Group’s Miami office combines local insight with statewide resources. Our attorneys are licensed under the Florida Bar and appear regularly in Miami-Dade County courts.

Local Resources & Next Steps

Florida Department of Highway Safety and Motor Vehicles Crash Portal – Obtain official accident reports. Florida Department of Financial Services – File insurer complaints or research carrier solvency. Miami-Dade Circuit & County Courts (Eleventh Judicial Circuit) – Case dockets and filing information.

• Legal Aid Society of Miami-Dade County – Sliding-scale legal services for low-income residents.

Next Step: Call Louis Law Group at 833-657-4812 or complete our online form for a free, no-obligation case review. Time limits are strict—act today to protect your rights.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and case outcomes depend on specific facts. Consult a licensed Florida attorney for personalized guidance.

If you’ve been injured in Florida, call 833-657-4812 for your free case evaluation.