Miami Guide to Florida Personal Injury Law & Your Rights

Estimated reading time: 11 min read

Introduction: Why Every Miami Injury Victim Needs to Understand Florida Personal Injury Law

Miami’s vibrant streets, bustling waterways, and year-round tourism make accidents almost inevitable. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County consistently leads the state in traffic crashes. Beyond auto collisions, slip-and-fall incidents in popular shopping districts, boating accidents in Biscayne Bay, construction injuries in the city’s ever-expanding skyline, and defective product claims all contribute to thousands of personal injury cases each year.
If you were hurt in South Florida, understanding Florida personal injury law in Miami is the first step toward safeguarding your health, finances, and legal rights. This comprehensive guide, written from the injured party’s perspective, breaks down:

• Key Florida statutes and deadlines, including the 2023 two-year statute of limitations for negligence claims

• Florida’s pure comparative negligence system and how it affects settlement values

• Mandatory Personal Injury Protection (PIP) coverage and what it pays

• Practical steps to take after an accident—medical care, evidence preservation, and reporting requirements

• When and why to work with a Miami accident attorney such as Louis Law Group

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change; consult a licensed personal injury lawyer Florida residents trust for guidance on your specific claim.

Understanding Florida Personal Injury Law

1. The Statute of Limitations (Fla. Stat. §95.11)

As of March 24, 2023, Florida shortened the general negligence statute of limitations from four years to two years. That means most accident victims must file a lawsuit within two years from the date of injury, or they lose the right to recover damages. Certain claims—medical malpractice, wrongful death, or those against government entities—have separate deadlines and notice requirements. Missing these deadlines can permanently bar your claim, so calendar them immediately.

2. Pure Comparative Negligence (Fla. Stat. §768.81)

Florida follows a modified comparative negligence system: your recovery is reduced by your percentage of fault. For example, if a jury finds you 20% at fault for a car crash and awards $100,000 in damages, you receive $80,000. However, if you are found more than 50% responsible, you are barred from recovery for claims arising from negligence after the 2023 tort reform. Evidence, witness statements, and proper legal strategy can minimize any fault attributed to you.

3. Mandatory No-Fault (PIP) Coverage (Fla. Stat. §627.736)

Florida is a no-fault auto insurance state. All registered vehicles must carry at least $10,000 in Personal Injury Protection (PIP), which covers 80% of reasonable medical expenses and 60% of lost wages, regardless of who caused the crash. However, PIP rarely covers the full cost of serious injuries. Victims may step outside the no-fault system and pursue a liability claim when they suffer a “significant and permanent” injury, as defined by statute.

4. Damage Caps and Special Rules

• Medical Malpractice: Florida abolished non-economic damage caps in medical negligence cases in North Broward Hosp. Dist. v. Kalitan, 219 So.3d 49 (Fla. 2017), finding caps unconstitutional.

• Government Liability: Suing a Florida public agency requires pre-suit notice (Fla. Stat. §768.28) and caps damages at $200,000 per person, $300,000 per incident, unless the legislature approves a larger award.

• Punitive Damages: Generally capped at triple the amount of compensatory damages or $500,000, whichever is greater (Fla. Stat. §768.73).

Common Types of Personal Injury Cases in Miami, Florida

1. Car, Truck, and Rideshare Accidents

Intersections like I-95 and State Road 826 (Palmetto Expressway) see frequent collisions. To establish liability, a plaintiff must prove: (1) duty of care, (2) breach, (3) causation, and (4) damages. Florida’s mandatory PIP applies first; serious injuries allow claims against the at-fault driver’s bodily injury liability (BIL) coverage.

2. Slip-and-Fall and Trip-and-Fall Claims

Under Fla. Stat. §768.0755, injured customers must prove the business had actual or constructive knowledge of a dangerous condition and failed to remedy it. Surveillance footage and incident reports are critical evidence.

3. Boating and Jet Ski Accidents

Florida leads the nation in boating accidents. Negligent operation, alcohol use, or defective equipment can create liability. Claims may involve both state law and federal maritime principles.

4. Workplace Injuries and Third-Party Claims

Florida’s workers’ compensation system (Fla. Stat. §440) is generally the exclusive remedy against employers, but negligent third parties—equipment manufacturers, subcontractors, or drivers—may still be sued for additional damages.

5. Defective Product Injuries

Product liability in Florida may be based on negligence, strict liability, or breach of warranty. Plaintiffs must show the product was defective when it left the manufacturer and that the defect caused injury.

6. Wrongful Death

Per Fla. Stat. §768.21, the personal representative files suit on behalf of survivors and the estate within two years of death. Recoverable damages include lost support, companionship, medical and funeral expenses, and mental pain and suffering for certain relatives.

Florida Legal Protections & Regulations Impacting Injury Claims

A. Key Statutes Every Miami Claimant Should Know

• Fla. Stat. §316 – Florida Uniform Traffic Control Law governs traffic rules and crash reporting.

• Fla. Stat. §627 – Insurance code outlines PIP benefits and insurer duties.

• Fla. Stat. §95 – Limitations of actions sets filing deadlines.

• Fla. Stat. §768 – General tort provisions, damages caps, comparative negligence.

B. Recent Court Rulings Shaping Personal Injury Law

• Wilsonart, LLC v. Lopez, 308 So.3d 961 (Fla. 2020) – Clarified summary judgment standard, enabling quicker dismissal of meritless claims but underscoring need for thorough evidence gathering.

• City of Miami v. Luce, 327 So.3d 315 (Fla. 3d DCA 2021) – Reaffirmed that municipalities owe pedestrians a duty to maintain sidewalks in reasonably safe condition.

• Harrell v. Fla. Birth-Related Neurological Injury Comp. Ass’n, 300 So.3d 615 (Fla. 2020) – Highlighted constitutional limits on administrative compensation programs, preserving victims’ jury trial rights.

C. Insurance Bad Faith Protections

If an insurer unreasonably delays or denies benefits, Fla. Stat. §624.155 permits a first-party “bad faith” action after a 60-day civil remedy notice. Successful plaintiffs may recover excess judgments and attorney’s fees.

Step-by-Step Guide: What to Do After an Injury in Miami

Step 1: Seek Immediate Medical Attention

Nothing is more persuasive to insurers or juries than prompt, documented treatment. Florida PIP requires you to have an “emergency medical condition” diagnosis within 14 days to obtain full benefits.

Step 2: Report the Incident

• Auto Accidents: Call 911. Fla. Stat. §316.066 mandates crash reports for accidents involving injury, death, or ≥$500 in estimated damage.

• Slip-and-Fall: Notify the store manager, complete an incident form, and request a copy.

• Boating Accidents: Report to the Florida Fish and Wildlife Conservation Commission (FWC) if injuries exceed $2,000 in damage or involve hospitalization.

• Workplace Injuries: Report to your employer within 30 days (Fla. Stat. §440.185).

Step 3: Document Everything

• Take photos and video of the scene, hazards, property damage, and visible injuries.

• Collect witness names, phone numbers, and statements.

• Save receipts for medications, mobility aids, and transportation.

• Preserve physical evidence (defective products, torn clothing) in a safe place.

Step 4: Notify Insurance Carriers—but Be Cautious

Most auto policies require notice “as soon as practicable.” Provide basic facts, but avoid recorded statements until you consult counsel. Anything you say can be used to argue comparative fault.

Step 5: Track Lost Income and Other Damages

Keep pay stubs, tax returns, job descriptions, and notes from your employer about missed work. Non-economic damages—pain, suffering, mental anguish—should be documented through journals and counseling records.

Step 6: Consult a Qualified Miami Personal Injury Attorney

Early legal intervention preserves evidence, prevents costly mistakes, and maximizes compensation.

When to Seek Legal Help in Florida

While minor fender-benders may be resolved through PIP alone, you should seriously consider hiring counsel when:

• You sustain fractures, head trauma, spinal injuries, or any condition labeled “permanent.”

• The insurance company denies or undervalues your claim.

• Multiple parties (e.g., rideshare drivers, commercial vehicles, property owners) are involved.

• A governmental entity or defective product is at fault—complex notice and expert requirements apply.

• You lost a family member and need to file a wrongful death action.

Louis Law Group’s Miami office understands local courts, insurers, and medical providers. Their attorneys are licensed by the Florida Bar and have recovered millions for Floridians statewide. They handle cases on contingency—no fees unless they win. If you’ve been injured in Florida, call Louis Law Group at 833-657-4812 for a free case evaluation.

Local Resources & Next Steps

Government and Court Agencies

Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Obtain crash reports, driver records, and safety statistics. Florida Department of Financial Services (DFS) – File insurance complaints or search company disciplinary actions. Eleventh Judicial Circuit Court of Florida (Miami-Dade) – E-file lawsuits, check docket information, and locate courthouses.

Medical Facilities Experienced in Trauma Care

• Jackson Memorial Hospital / Ryder Trauma Center

• Baptist Hospital of Miami

• Mount Sinai Medical Center

Free or Low-Cost Legal Aid

Miami-Dade residents with limited means can seek assistance from Legal Services of Greater Miami for certain civil matters. However, most personal injury firms, including Louis Law Group, already offer contingency representation.

Safety Tips to Prevent Future Injuries

• Always wear a USCG-approved life jacket when boating.

• Use crosswalks on Biscayne Boulevard and Flagler Street; Miami ranks high in pedestrian fatalities.

• Inspect stairways and walkways for spills when visiting Brickell restaurants or shopping centers.

Next Step: Schedule your no-obligation consultation with a Miami accident attorney today. Dial 833-657-4812 or visit Louis Law Group’s downtown office at 2 South Biscayne Blvd., Suite 2300.

Why Choose Louis Law Group?

Louis Law Group’s commitment to personal injury victims is rooted in:

• Localized Expertise – They regularly litigate in Miami-Dade and Broward courthouses.

• Access to Top Specialists – Relationships with bilingual physicians, accident reconstructionists, and economists bolster case value.

• No Upfront Fees – You pay nothing unless they recover compensation.

• Client-Focused Service – 24/7 phone access and bilingual staff in English and Spanish.

Your recovery and peace of mind come first. Call 833-657-4812 now.

Frequently Asked Questions

How long do I have to file a Miami car accident lawsuit?

Generally two years from the crash date for negligence claims (Fla. Stat. §95.11), but consult a lawyer immediately because evidence disappears quickly.

What if I was partially at fault?

You may still recover damages reduced by your fault percentage, provided you are 50% or less responsible.

Can I sue a cruise line for an injury?

Yes, but many cruise tickets require suit in federal court in Miami within one year and mandate written notice within 180 days. Act promptly.

Will my case settle or go to trial?

Most Florida injury claims settle after medical treatment and negotiations. However, insurers track firms willing to try cases—Louis Law Group prepares every file for trial to maximize leverage.

Conclusion & Call to Action

From Little Havana to North Miami Beach, accidents happen in a heartbeat, but the consequences can last a lifetime. Understanding Florida personal injury law Miami residents face—tight filing deadlines, no-fault limits, and comparative negligence—empowers you to protect yourself and your family. Aggressive insurance tactics and complex statutes should not stand between you and rightful compensation.

If you or a loved one has been injured, don’t wait. Evidence fades, witnesses relocate, and statutes of limitations run quickly. Put an experienced advocate on your side.

Call Louis Law Group at 833-657-4812 for a FREE, no-obligation case evaluation today.