Personal Injury Attorneys Near Me | Fort Lauderdale, Florida

Introduction: Why Fort Lauderdale Residents Need a Focused Personal Injury Guide

Fort Lauderdale, the seat of Broward County, is famous for its beaches, boating canals, and year-round tourism. With a population that surpassed 180,000 in the 2020 Census and a steady flow of visitors via Fort Lauderdale–Hollywood International Airport, traffic density on I-95, U.S. 1, A1A, and Sunrise Boulevard remains high. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Broward County recorded more than 40,000 traffic crashes in 2022 alone. Slip-and-falls are common in the city’s many hotels, restaurants, and marinas, and hurricane-related injuries can spike during Atlantic storm season. This guide explains, in strictly factual terms, how Florida personal injury law applies to victims in Fort Lauderdale and what steps you can take to protect your rights.

Understanding Your Personal Injury Rights in Florida

The Legal Definition of a Personal Injury Claim

A personal injury claim arises when a person suffers bodily harm, emotional distress, or property damage because another party breached a legal duty. Florida recognizes a broad range of duties, from obeying traffic laws to maintaining safe premises for invitees. Most claims are based on negligence, though strict liability (e.g., defective products) and intentional torts (e.g., assault) also apply.

Statute of Limitations

Florida Statutes section 95.11(3)(a) sets a four-year statute of limitations for negligence-based personal injury lawsuits. Medical malpractice claims must generally be filed within two years under Fla. Stat. §95.11(4)(b). If a government entity—such as Broward County Transit—is the defendant, written pre-suit notice under Fla. Stat. §768.28(6) must be served within three years, and a lawsuit cannot be filed until the agency has at least 180 days to investigate.

No-Fault (PIP) Benefits and Bodily Injury Claims

Florida is one of a handful of no-fault states. Under Fla. Stat. §627.736, every owner of a Florida-registered motor vehicle must carry Personal Injury Protection (PIP) coverage of at least $10,000. After a crash, PIP pays 80 percent of reasonable medical expenses and 60 percent of lost wages, regardless of fault, up to the policy limit. However, if the victim suffers a “significant and permanent” injury as defined in §627.737, he or she may pursue the at-fault driver for additional damages, including pain and suffering.

Comparative Negligence in Florida

Florida follows a modified comparative negligence system codified in Fla. Stat. §768.81, amended in 2023. A claimant who is greater than 50 percent at fault is barred from recovering noneconomic damages; if 50 percent or less at fault, the claimant’s award is reduced in proportion to his or her own negligence. For example, a $100,000 verdict becomes $70,000 if the jury finds the plaintiff 30 percent responsible.

Common Types of Personal Injury Cases in Fort Lauderdale

Motor Vehicle Collisions

The I-95 corridor, Florida’s Turnpike, and urban arterials like Broward Boulevard experience heavy congestion and frequent crashes. Rideshare traffic between Port Everglades and Las Olas Boulevard increases the risk of ride-share collisions.

• Car and Truck Accidents: Usually involve both PIP claims and liability claims against an at-fault driver, trucking company, or vehicle manufacturer.

• Motorcycle Crashes: Motorcyclists are exempt from mandatory PIP coverage if they do not own a four-wheeled vehicle. They may pursue full tort claims immediately against an at-fault driver.

• Bicycle and Pedestrian Accidents: Florida routinely ranks among the highest in pedestrian fatalities nationwide, and A1A’s beachfront traffic presents unique hazards.

Premises Liability

Fort Lauderdale’s vibrant hospitality industry means guests frequently pass through hotels on Seabreeze Boulevard, the Galleria Mall, and waterfront restaurants. Under Fla. Stat. §768.0755, a business establishment is liable for slip-and-fall injuries caused by a “transitory foreign substance” if it had actual or constructive knowledge of the hazard.

Boating and Maritime Injuries

The Intracoastal Waterway and Port Everglades see high volumes of recreational boating. While federal maritime law can apply, Florida’s boating safety regulations—enforced by the Florida Fish and Wildlife Conservation Commission—also create duties that support negligence claims.

Medical Malpractice

Major facilities such as Broward Health Medical Center and Holy Cross Health treat hundreds of thousands of patients annually. Claims against these providers are governed by Fla. Stat. §§766.101–766.118, which set pre-suit investigation requirements, mandatory expert affidavits, and damage caps for certain practitioners.

Hurricane-Related Claims

From June through November, tropical storms can cause building collapses, falling debris, and electrocution hazards. Property owners and contractors have duties under Florida Building Code sections adopted by Broward County to secure structures before a storm.

Florida Legal Protections & Injury Laws

Damages Available to Victims

Florida law recognizes three primary categories of compensatory damages:

• Economic Damages: Past and future medical bills, lost income, diminished earning capacity, property damage.

• Noneconomic Damages: Pain, suffering, mental anguish, loss of enjoyment of life.

• Special Statutory Damages: Under Fla. Stat. §768.72, punitive damages may be awarded if the defendant’s conduct was intentional or grossly negligent.

Caps on Damages

Florida currently does not cap compensatory damages in ordinary negligence cases after the Florida Supreme Court struck down statutory caps on noneconomic damages in medical malpractice wrongful death cases (Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014)). Caps remain for certain state-law statutory claims and punitive damages under §768.73.

Pre-Suit Requirements

• Medical Malpractice: Pre-suit notice and a corroborating medical expert affidavit per Fla. Stat. §766.203.

• Nursing Home Claims: Pre-suit notice under Fla. Stat. §400.0233 for residents of facilities in neighborhoods such as Victoria Park or Edgewater.

• Government Tort Claims: Written notice under §768.28(6) and potential sovereign immunity limits of $200,000 per person / $300,000 per incident.

Litigation Procedure

Personal injury lawsuits follow the Florida Rules of Civil Procedure. Key stages include:

• Pleadings: Complaint, answer, and affirmative defenses.

• Discovery: Interrogatories, depositions, mandatory disclosure of expert witnesses under Rule 1.280.

• Mediation: Broward County’s 17th Judicial Circuit often orders parties to non-binding mediation before trial.

• Trial: A six-person jury is standard in tort cases unless the parties stipulate otherwise.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Under §627.736(1)(a), PIP benefits are available only if you receive qualifying medical treatment within 14 days of a motor vehicle accident. Facilities such as Broward Health Medical Center or Memorial Hospital Pembroke in nearby Hollywood meet the statutory definition of emergency medical conditions.

2. Preserve Evidence

• Photographs of the scene (skid marks on Davie Boulevard, slippery deck aboard a charter boat, etc.).

• Contact information for witnesses, including rideshare passengers or hotel staff.

• Retain damaged items—helmets, cracked phones, torn clothing—as physical evidence.

3. Report the Incident

Florida Statutes §316.066 requires drivers to report crashes involving injury, death, or $500+ property damage to the local police or Florida Highway Patrol. Slip-and-fall victims should insist that management generate an incident report.

4. Notify Insurance Carriers Promptly

Most auto and homeowner’s policies require prompt notice as a condition precedent to coverage. Failure to give timely notice can lead to claim denial.

5. Avoid Recorded Statements Without Counsel

Insurance adjusters may request recorded statements. Florida is a two-party consent state for audio recordings (§934.03), but insurers routinely ask for permission. Politely decline until you consult an attorney.

6. Track All Expenses

Create a file for medical invoices, pharmacy receipts, ride-share charges to doctor appointments, and any home health costs. These records substantiate your economic damages.

7. Consult a Qualified Personal Injury Lawyer

Broward County hosts more than 8,000 members of The Florida Bar. To verify a lawyer’s standing, search the Florida Bar Member Directory. Injury attorneys typically offer free consultations and work on contingency fees subject to Rule 4-1.5(f)(4)(B).

When to Seek Legal Help in Florida

Complex or Severe Injuries

Traumatic brain injuries, spinal cord damage, or wrongful death pose valuation challenges beyond the scope of PIP. Experienced counsel can coordinate life-care planning experts and economic loss analysts.

Disputed Liability

Comparative negligence can drastically reduce recovery. If the opposing party argues you caused more than 50 percent of the harm, immediate legal advocacy is critical.

Insurance Bad Faith

When an insurer unreasonably denies or delays benefits, Fla. Stat. §624.155 allows a civil remedy notice (CRN). A lawyer can draft the CRN and litigate a subsequent bad-faith claim.

Damages Exceed Policy Limits

Significant injuries may outstrip the defendant’s bodily injury coverage. Attorneys can pursue excess judgments, investigate umbrella policies, or asset-search defendants.

Local Resources & Next Steps

Courts and Government Agencies

Broward County Clerk of Courts – File civil pleadings, search dockets for 17th Judicial Circuit. FLHSMV Crash Report Portal – Order an official crash report (required for most auto claims). Florida Department of Health Trauma Centers – Locate state-verified Level I/II facilities, including Broward Health.

Medical Providers Familiar With Litigation

• Broward Health Medical Center – Level I Trauma Center on SE 3rd Ave.

• Holy Cross Health – Non-profit hospital with orthopedic and neurology specialties.

• Cleveland Clinic Florida – Weston – Provides comprehensive rehabilitation services for severe injuries.

Victim Support Organizations

Mothers Against Drunk Driving – Florida – Assistance for DUI crash victims.

• Broward Victim Services Unit – 24/7 crisis hotline at 954-761-7273 for counseling and compensation claims.

Choosing the Right Fort Lauderdale Accident Attorney

Look for:

• Discipline-free record with The Florida Bar.

• Trial experience in Broward County Circuit Court.

• Knowledge of local medical experts and accident reconstructionists.

• Transparent fee agreements compliant with Rule 4-1.5.

Remember: You generally have only four years from the date of injury—or less for certain claims—to file suit. Acting early preserves evidence and safeguards your right to full Florida injury compensation.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws change, and every case is unique. You should consult a licensed Florida personal injury lawyer regarding your specific circumstances.

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.