Personal Injury Guide for Miramar, Florida Victims

Introduction: Why Personal Injury Law Matters in Miramar, Florida

Miramar sits at the crossroads of Broward County’s most heavily traveled corridors—Interstate 75, the Florida Turnpike, and University Drive. With more than 135,000 residents and a steady stream of commuters to Miami-Dade and Fort Lauderdale, the risk of traffic collisions, workplace injuries, premises accidents, and hurricane-related harm runs high. If you have been hurt in Miramar, you are protected by a network of Florida statutes, court rules, and local resources that can help you obtain compensation for medical bills, lost wages, and pain and suffering. This guide is written for injury victims, drawing only from authoritative sources such as the Florida Statutes, the Florida Rules of Civil Procedure, and published opinions of Florida appellate courts. No speculation—only verifiable facts that can help you make informed decisions.

The information below favors the interests of injured individuals while remaining evidence-based and professional. You will learn about your rights, legal deadlines, and practical steps to protect your claim. Throughout the article, keep in mind that every case is unique; for advice specific to your situation, consult a licensed personal injury lawyer in Miramar, Florida.

Understanding Your Personal Injury Rights in Florida

Negligence and Duty of Care

Most personal injury cases in Florida are based on negligence—the failure to use reasonable care under the circumstances. Florida recognizes that every individual has a legal duty to avoid causing foreseeable harm to others (see McCain v. Florida Power Corp., 593 So. 2d 500, Fla. 1992). If that duty is breached and results in injury, the at-fault party (the defendant) may be held liable.

Comparative Negligence Rule (§768.81, Fla. Stat.)

Florida is a pure comparative negligence state. Under §768.81, courts will reduce the injured party’s damages in proportion to the percentage of fault attributed to them. Even if you were 90 percent at fault, you may still recover 10 percent of your losses.

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

You generally have four years from the date of injury to file a negligence lawsuit. Medical malpractice claims have a two-year window under §95.11(4)(b). Missing the statutory deadline usually bars recovery, so prompt action is critical.

Florida No-Fault Insurance (§627.736, Fla. Stat.)

Florida’s Personal Injury Protection (PIP) law requires owners of registered motor vehicles to carry $10,000 in PIP benefits. These benefits pay 80 percent of reasonable medical expenses and 60 percent of lost wages, regardless of fault, if you seek treatment within 14 days. You may step outside the no-fault system and sue the at-fault driver if your injuries meet the “serious injury” threshold outlined in §627.737(2).

Common Types of Personal Injury Cases in Miramar and Statewide

Motor Vehicle Accidents

Broward County recorded 34,050 crashes and 20,431 injuries in 2023, according to the Florida Highway Safety and Motor Vehicles crash dashboard. Intersections such as Miramar Parkway & Red Road and the I-75/Miramar Parkway interchange are frequent sites of collisions.

Premises Liability (Slip-and-Fall)

Property owners in Florida must keep their premises reasonably safe. Under §768.0755, a plaintiff injured by a transitory foreign substance in a business establishment (e.g., liquid on the floor) must prove the business had actual or constructive knowledge of the danger and failed to act.

Workplace Injuries

Employees generally receive benefits under Florida’s workers’ compensation system (Ch. 440, Fla. Stat.). However, third-party claims against negligent contractors or property owners may supplement workers’ comp benefits.

Product Liability

Manufacturers can be liable under strict liability or negligence theories if defective products cause harm. Florida adopted the Restatement (Third) of Torts approach in Cassisi v. Maytag Co., 396 So. 2d 1140 (Fla. 1st DCA 1981), shifting the burden to the manufacturer once a product malfunction is shown.

Hurricane and Storm-Related Claims

High winds and debris during hurricane season increase the risk of injury. Although many claims are handled through property insurance, a negligent contractor or landlord may also be responsible for unsafe conditions.

Florida Legal Protections & Injury Laws

Damages Available to Injury Victims

• Economic: medical bills, rehabilitation costs, lost income, property damage

• Non-Economic: pain and suffering, emotional distress, loss of enjoyment of life

• Punitive: allowed under §768.72 when defendant acted with intentional misconduct or gross negligence

Caps on Damages

Florida generally imposes no cap on economic or non-economic damages in negligence cases, except in medical malpractice (see §766.118, though portions have been ruled unconstitutional in North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017)). Consult counsel for the latest status.

Evidentiary Rules Favoring Plaintiffs

The res ipsa loquitur doctrine (Latin for “the thing speaks for itself”) may shift the burden of proof to defendants when the accident would not normally occur without negligence and the defendant had exclusive control (see Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla. 1978)).

Attorney Licensing and Ethical Duties

Florida personal injury lawyers must be licensed by the Florida Bar and comply with the Rules Regulating the Florida Bar. Rule 4-1.5 limits contingent fees to 33⅓ percent before filing suit on amounts up to $1 million and 40 percent if litigation is filed.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Under PIP, you must obtain treatment within 14 days to preserve benefits (§627.736(1)(a)). Nearby facilities include Memorial Hospital Miramar (1901 SW 172nd Ave) and HCA Florida University Hospital, both offering Level II trauma services.

2. Document the Scene

• Photograph vehicle damage, hazards, or injuries.

• Collect contact information for witnesses.

• Obtain a police crash report (Miramar Police Department or Florida Highway Patrol).

3. Notify Insurance Companies

Most policies require prompt notice. Provide basic facts only; avoid speculative statements until you have legal counsel.

4. Preserve Evidence

Maintain medical records, receipts, and employment documentation. Florida courts can sanction parties who destroy evidence under the spoliation doctrine (Golden Yachts, Inc. v. Hall, 920 So. 2d 777 (Fla. 4th DCA 2006)).

5. Consult an Attorney

Early legal advice helps protect your claim from low settlement offers and procedural pitfalls.

When to Seek Legal Help in Florida

Serious Injuries or Disputes Over Fault

Traumatic brain injuries, spinal damage, or any injury likely to exceed PIP limits warrant immediate help from a miramar accident attorney. An attorney can hire accident reconstructionists and medical experts to prove liability and damages.

Complex Insurance Issues

If multiple insurers (PIP, bodily injury liability, underinsured motorist) are involved, counsel can coordinate benefits and avoid subrogation traps.

Approaching the Statute of Limitations

Filing a lawsuit requires drafting a complaint that complies with the Florida Rules of Civil Procedure and paying filing fees in the Broward County Clerk’s Office. Waiting until the last minute risks dismissal.

Local Resources & Next Steps

Courthouse and Government Contacts

• Broward County Courthouse West Satellite (Pembroke Pines): 100 N. Perry Ave, 5 miles east of Miramar.

• Miramar Police Department Records: 11765 City Hall Promenade for crash reports.

Hospitals and Rehabilitation Centers

• Memorial Hospital Miramar – 954-538-5000

• Broward Health Pembroke Pines – outpatient physical therapy

Support Services

Florida Bar Consumer Pamphlet on Personal Injury Florida Department of Health Provider Licensing Florida Attorney General Victim Services

Leverage these resources to stay informed, obtain medical care, and preserve your legal options.

Legal Disclaimer

This article provides general information for educational purposes and does not constitute legal advice. Laws change, and application varies by facts. Consult a licensed Florida attorney for guidance specific to your 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.