North Miami, Florida Personal Injury Claims & Rights Guide

Introduction: Personal Injury Realities in North Miami, Florida

North Miami’s vibrant mix of residential neighborhoods, busy retail corridors along Biscayne Boulevard (U.S.-1), and the bustling I-95 interchange creates a steady flow of traffic and foot activity. According to publicly available crash statistics from the Florida Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County consistently ranks among the state’s highest for motor vehicle collisions. Add year-round tourism, bicycle traffic to Oleta River State Park, and seasonal hurricane hazards, and it is clear why local residents face elevated risk of accidental injuries. If you have been hurt due to another person’s negligence—whether in a car crash on NE 163rd Street, a slip and fall in a North Miami store, or a dog bite at Griffing Park—Florida law gives you enforceable rights. This guide explains those rights, outlines the state’s legal procedures, and details practical steps toward fair compensation. While the information slightly favors injury victims, it remains strictly factual, citing authoritative Florida legal sources so you can confidently protect your interests.

Understanding Your Personal Injury Rights in Florida

Negligence and the Duty of Care

Most personal injury claims in Florida are grounded in negligence: the failure to use reasonable care under the circumstances. To succeed, a plaintiff must prove four elements:

• Duty: The defendant owed a legal duty (for example, motorists have a statutory duty to follow traffic laws).

• Breach: The defendant breached that duty.

• Causation: The breach caused the injury (both actual and proximate cause).

• Damages: The plaintiff suffered a legally compensable loss.

Florida follows a comparative negligence system codified at Florida Statutes § 768.81. If you were partially at fault, your compensation is reduced by your percentage of fault—but you can still recover damages unless you were entirely responsible. For example, a jury that finds you 25 percent at fault for a collision on NW 7th Avenue will reduce any award by that percentage. This rule incentivizes prompt legal action so defendants do not unfairly shift blame.

Statute of Limitations

Florida imposes strict filing deadlines under Florida Statutes § 95.11:

• General negligence (e.g., auto accidents, premises liability): Four years from the date of injury (§ 95.11(3)(a)).

• Medical malpractice: Two years from when the injury is discovered or should have been discovered (§ 95.11(4)(b)), capped at four years from the incident.

• Wrongful death: Two years from the date of death (§ 95.11(4)(d)).

Missing the deadline usually bars your claim, so docket the date immediately and consult counsel early.

Common Types of Personal Injury Cases in North Miami & Statewide

1. Motor Vehicle Accidents

Miami-Dade reported 61,640 crashes in 2022 (FLHSMV). North Miami hotspots include Biscayne Boulevard, NE 163rd Street, and the Golden Glades Interchange. Florida’s No-Fault Insurance Law—Florida Statutes § 627.736—requires motorists to carry $10,000 in Personal Injury Protection (PIP). PIP pays 80 percent of reasonable medical expenses and 60 percent of lost wages up to the policy limit, regardless of fault, but serious injuries that meet the “permanent injury threshold” permit lawsuits against at-fault drivers for full damages, including pain and suffering.

2. Premises Liability (Slip, Trip, and Fall)

Under Florida Statutes § 768.0755, plaintiffs injured in a business establishment due to a “transitory foreign substance”—for example, spilled coffee in a North Miami café—must prove the owner had actual or constructive knowledge of the hazard and should have taken action. Surveillance video, incident reports, and witness testimony frequently become key evidence.

3. Dog Bites

Florida imposes strict liability on dog owners for bites occurring in public or lawfully on private property (Florida Statutes § 767.04). Comparative negligence (e.g., teasing the dog) can reduce recovery, but victims—often children—are usually entitled to medical costs, scar revision surgery, and counseling.

4. Medical Malpractice

Claims against physicians or hospitals such as Jackson North Medical Center require compliance with Chapter 766 pre-suit procedures, including a corroborating medical expert affidavit. Damages caps for non-economic loss in medical malpractice were declared unconstitutional in Estate of McCall v. U.S., 134 So. 3d 894 (Fla. 2014), so juries may award full pain and suffering damages if supported by evidence.

5. Products Liability

Defective automobile components, e-scooters popular near Florida International University Biscayne Bay Campus, or faulty hurricane shutters can cause injuries. Plaintiffs may sue manufacturers under strict liability, negligence, or breach of warranty theories.

Florida Legal Protections & Injury Laws

Comparative Negligence Revisited

As noted, § 768.81 creates a pure comparative fault model. Even 99 percent-at-fault plaintiffs may recover 1 percent of damages. Insurance adjusters sometimes overstate victim fault to minimize payouts; documented evidence and timely legal representation can counter this tactic.

Damage Categories Recognized in Florida

• Economic Damages: medical bills (past and future), lost wages, diminished earning capacity, out-of-pocket costs like mobility aids.

• Non-Economic Damages: pain and suffering, mental anguish, loss of enjoyment of life, disability, disfigurement.

• Punitive Damages: permitted under Florida Statutes § 768.72 when defendant’s conduct is “intentional misconduct or gross negligence.” Courts cap punitive damages at three times compensatory damages or $500,000, whichever is greater (§ 768.73).

Wrongful Death Act

Survivors can seek funeral expenses, lost support and services, and mental pain and suffering under Florida Statutes §§ 768.16–768.26. The personal representative files the suit on behalf of the estate and statutory survivors.

Attorney Licensing and Ethical Duties

All Florida personal injury lawyers must:

Pass the Florida Bar Exam and character screening by the Florida Board of Bar Examiners. Maintain good standing with the Florida Bar, abide by the Rules Regulating The Florida Bar, and carry trust account insurance if handling client funds.

• Comply with Rule 4-1.5’s contingency fee limits (e.g., 33⅓ percent up to $1 million before suit, 40 percent after filing).

Choosing a licensed attorney protects you from unqualified or unethical representation.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Attention

Even if pain seems minor, visit an emergency department or urgent care within 14 days to keep PIP benefits viable (§ 627.736(1)(a)). Locally, Jackson North Medical Center and North Shore Medical Center are Level II trauma resources.

2. Report the Incident

• Motor vehicle crash: Call 911. The North Miami Police Department or Florida Highway Patrol will generate a crash report—vital evidence under § 316.066.

• Premises injury: Notify the property manager; request a copy of the incident report.

• Dog bite: File a bite report with Miami-Dade Animal Services.

3. Preserve Evidence

• Photograph the scene, injuries, weather conditions, and any hazard (e.g., uneven sidewalk on NE 135th Street).

• Collect witness names, phone numbers, and statements.

• Keep damaged property, such as torn clothing or a cracked bicycle helmet, in its post-incident condition.

4. Notify Insurance Carriers

Provide timely notice to comply with policy conditions, but limit statements about fault. Consider consulting counsel first.

5. Track Medical Bills and Lost Income

Organize records in a dedicated folder or digital drive. A thorough damages ledger maximizes settlement accuracy.

6. Consult a Qualified North Miami Personal Injury Lawyer

A lawyer can:

• Obtain surveillance footage before it is overwritten.

• Send spoliation letters preserving evidence under Florida Rule of Civil Procedure 1.380.

• Negotiate medical liens to boost your net recovery.

When to Seek Legal Help in Florida

While minor fender-benders may settle within PIP limits, you should strongly consider legal counsel if:

• You sustained permanent injury, scarring, or disfigurement.

• Your medical bills exceed $10,000 PIP coverage.

• An insurance company denies, delays, or undervalues your claim.

• You face comparative fault allegations.

• A government agency is involved (e.g., collision with a City of North Miami vehicle) because Florida Statutes § 768.28(6) requires a pre-suit notice within three years.

• The at-fault party was uninsured or underinsured—requiring UM/UIM coverage analysis.

Early attorney involvement often increases settlement value by presenting a well-documented demand package and demonstrating readiness for trial if necessary.

Local Resources & Next Steps

Hospitals & Medical Facilities

• Jackson North Medical Center – 160 NW 170th St., North Miami Beach, FL 33169

• North Shore Medical Center – 1100 NW 95th St., Miami, FL 33150

• UM Urgent Care, Aventura – Convenient for east North Miami residents

Government & Law Enforcement

• North Miami Police Department – 700 NE 124th St., North Miami, FL 33161

• Miami-Dade Clerk of Courts – File civil lawsuits at 73 W. Flagler St., Miami, FL 33130

Florida Department of Health in Miami-Dade – Injury surveillance and public health data: Miami-Dade DOH

Additional Authoritative Information

Florida Statutes Online Florida Bar Consumer Guides

Legal Disclaimer

This guide provides general information about Florida personal injury law and is not legal advice. Laws and procedures change frequently. For advice on your specific situation, consult a licensed Florida attorney.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.