Personal Injury Guide by Injury Lawyers in Miami, Florida

Introduction: Why Miami Residents Need a Local Personal Injury Guide

With an international airport, year-round tourism, and some of the busiest highways in the state, Miami, Florida experiences a high volume of car collisions, cruise-ship injuries, slip-and-fall incidents, and workplace accidents. According to 2022 crash statistics from the Florida Highway Safety and Motor Vehicles, Miami-Dade County reported more than 63,000 traffic crashes—more than any other county in Florida. In such a dense metropolitan area, victims often ask, “Is there an injury lawyer near me who understands local courts, insurers, and medical providers?” This guide answers that question and more by outlining Florida personal injury law from a Miami perspective. All legal references come from the Florida Statutes, the Florida Rules of Civil Procedure, published appellate opinions, and other authoritative sources. Our goal is to empower injury victims with accurate, location-specific information while encouraging them to obtain professional counsel when needed.

Understanding Your Personal Injury Rights in Florida

1. Negligence and Duty of Care

Most personal injury cases in Florida are grounded in negligence. To prevail, a plaintiff must prove four elements: duty of care, breach, causation, and damages. Florida follows the reasonable-person standard recognized in McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992), which asks whether the defendant’s conduct created a foreseeable zone of risk.

2. Comparative Fault Rule—Fla. Stat. § 768.81

Florida applies a modified comparative negligence system codified in Fla. Stat. § 768.81. If a plaintiff is partially at fault, their recovery is reduced by their percentage of fault. However, under amendments effective March 24, 2023, a plaintiff who is more than 50 percent responsible cannot recover damages in most negligence actions, except for medical malpractice. Knowing how fault is apportioned is critical when negotiating settlements with Miami insurers.

3. Statute of Limitations—Fla. Stat. § 95.11(3)(a)

Under Fla. Stat. § 95.11(3)(a), a plaintiff generally has two years from the date of injury to file a negligence lawsuit (reduced from four years for causes of action accruing on or after March 24, 2023). Claims against governmental entities follow separate pre-suit notice requirements under Fla. Stat. § 768.28(6), which can shorten practical deadlines. Missing the statutory period usually bars the claim entirely.

4. No-Fault Auto Insurance—Fla. Stat. § 627.736

Florida is one of the few states with mandatory Personal Injury Protection (PIP). Under Fla. Stat. § 627.736, motorists must carry at least $10,000 in PIP, which covers 80 percent of reasonable medical expenses and 60 percent of lost wages, regardless of fault, if medical treatment is sought within 14 days. To pursue pain-and-suffering damages from the at-fault driver, an injured party must meet the “serious injury” threshold defined in Fla. Stat. § 627.737(2).

Common Types of Personal Injury Cases in Miami, Florida

1. Auto and Rideshare Accidents

Due to traffic density on I-95, the Dolphin Expressway (SR 836), and Biscayne Boulevard, motor-vehicle collisions are the most frequent source of personal injury claims in Miami. Victims may also deal with rideshare carriers such as Uber and Lyft. Florida law (Fla. Stat. § 627.748) requires rideshare companies to provide $1 million in liability coverage when a driver is en route to a passenger.

2. Cruise-Ship and Port-Related Injuries

PortMiami is the “Cruise Capital of the World.” While maritime claims often fall under federal law, some shipboard injuries occurring in Florida territorial waters may involve Florida premises liability principles. Because many cruise contracts contain one-year notice provisions and venue clauses naming Miami federal court, prompt legal action is essential.

3. Slip-and-Fall (Premises Liability)

Florida premises liability is governed by Fla. Stat. § 768.0755, which imposes a duty on business establishments to correct or warn of dangerous conditions that they knew or should have known about. Surveillance footage from Miami establishments such as Bayside Marketplace or Dadeland Mall can be decisive evidence; preservation letters should be sent quickly to avoid spoliation.

4. Medical Malpractice

Claims against Miami hospitals such as Jackson Memorial or Baptist Health require compliance with the presuit investigation process in Fla. Stat. § 766.106 and adherence to a two-year statute of limitations under Fla. Stat. § 95.11(4)(b). Expert affidavits are mandatory.

5. Hurricane-Related Injuries

South Florida’s hurricane season (June–November) can result in injuries from falling debris, unsafe evacuations, or generator accidents. While these claims may intersect with property insurance, injured parties can still pursue negligence if a property owner failed to secure hazards in accordance with the Florida Building Code.

Florida Legal Protections & Injury Laws

1. Evidence Rules and Discovery

The Florida Rules of Civil Procedure govern the exchange of evidence. Rule 1.350 allows plaintiffs to request surveillance footage and maintenance logs from defendants, while Rule 1.370 controls requests for admission. Understanding these procedural tools helps level the playing field against well-funded corporate defendants.

2. Damage Caps

Florida does not impose caps on economic damages (medical bills, lost wages) in negligence cases. Non-economic damages (pain and suffering) are likewise uncapped except in certain sovereign immunity claims under Fla. Stat. § 768.28 (currently $200,000 per individual and $300,000 per incident unless the Legislature approves a claims bill).

3. Punitive Damages

Punitive damages are available under Fla. Stat. § 768.72 if the plaintiff makes a reasonable showing of intentional misconduct or gross negligence. The statutory cap is generally the greater of three times compensatory damages or $500,000, unless specific exceptions apply (e.g., intoxication).

4. Wrongful Death Actions

The Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) allows spouses, minor children, and, in some situations, parents and other dependents to recover for loss of support and companionship. The personal representative of the decedent’s estate must file the action.

5. Good-Faith Settlement Negotiations

Fla. Stat. § 768.79 and Rule 1.442 provide for proposals for settlement. If one party rejects a proposal and the final judgment is 25 percent more favorable than the offer, that party may be liable for the offeror’s attorney’s fees—critical leverage during negotiations.

Steps to Take After a Personal Injury in Florida

Seek Immediate Medical Treatment Visit a licensed provider within 14 days to preserve PIP benefits. Miami facilities such as Jackson Memorial Hospital, University of Miami Hospital, and Mount Sinai Medical Center are PIP-eligible. Document the Scene Take photos, collect witness names, and request police crash reports from the Miami-Dade Police Department or City of Miami Police Department. Under Florida Department of Health regulations, your provider must supply medical records upon request. Notify Insurers Promptly Failure to timely report can violate policy conditions. Provide factual information only—avoid recorded statements without counsel. Preserve Evidence Send spoliation letters under Royal & Sunalliance v. Lauderdale Marine Center, 877 So. 2d 843 (Fla. 4th DCA 2004), to prevent destructive evidence loss. Calculate Damages Keep receipts for out-of-pocket expenses. Florida allows recovery for future medical costs if proven with reasonable certainty, often via life-care planners. Consult a Licensed Florida Personal Injury Lawyer An attorney can evaluate comparative fault and ensure filings meet statutory deadlines.

When to Seek Legal Help in Florida

1. Serious or Catastrophic Injuries

Spinal cord injuries, traumatic brain injuries, or permanent scarring can exceed PIP limits quickly. Miami’s high cost of living and specialized care at facilities like the Miami Project to Cure Paralysis make legal representation vital to secure lifetime compensation.

2. Disputed Liability

If an insurer alleges you were primarily at fault, remember the 50 percent bar in Fla. Stat. § 768.81. Early attorney involvement can preserve evidence to refute exaggerated fault claims.

3. Governmental Defendants

Claims against Miami-Dade County, the City of Miami, or state agencies require presuit notice under Fla. Stat. § 768.28(6) within three years (two years for wrongful death) before filing suit. Miss the notice window and your claim could be dismissed.

4. Settlement Offers That Do Not Cover Future Costs

Florida’s collateral source rule (Fla. Stat. § 768.76) and recent Medicare Advantage liens can complicate net recovery. An attorney can project present-value costs and negotiate reductions.

Local Resources & Next Steps

Court System: Miami personal injury cases are typically filed in the Eleventh Judicial Circuit Court of Florida (Miami-Dade County). Federal diversity or maritime claims are heard in the United States District Court for the Southern District of Florida.

• Medical & Rehabilitation: University of Miami Hospital, Jackson Health’s Ryder Trauma Center, and HealthSouth Rehabilitation Hospital provide Level I trauma and rehab services for serious injuries.

Insurance Regulators: Complaint forms are available through the Florida Department of Financial Services, Division of Consumer Services. Attorney Verification: Confirm a lawyer’s standing with The Florida Bar’s Member Search.

• Public Transportation Records: For Metrobus or Metrorail claims, request incident reports from Miami-Dade Transit.

Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Laws change, and the application of those laws depends on specific facts. You should consult a licensed Florida attorney for advice regarding your individual situation.

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.