Personal Injury Guide for Victims in Miami, Florida

Introduction: Why Miami Residents Need a Local Personal Injury Guide

Whether you live in Little Havana, commute daily on the Dolphin Expressway, or visit Miami’s world-famous beaches, accidents can happen anywhere. Miami-Dade County regularly tops statewide crash statistics reported by the Florida Highway Safety and Motor Vehicles department, and emergency rooms at Jackson Memorial and Baptist Health Kendall routinely treat victims of car collisions, slip and falls, boating injuries, and tourism-related mishaps. Understanding how Florida personal injury law applies locally is critical if you hope to secure fair compensation for medical bills, lost wages, and pain and suffering. This 2,500-word legal guide is written slightly in favor of injury victims while remaining strictly factual. All information is drawn from authoritative sources such as the Florida Statutes, Florida Bar, published court opinions, and reputable medical publications. If a fact could not be verified, it has been excluded. Use this resource to navigate deadlines, insurance rules, and court procedures that are unique to our state and especially relevant to Miami.

Understanding Your Personal Injury Rights in Florida

Negligence and Duty of Care

To succeed in a personal injury claim, you must generally prove four elements recognized by Florida courts: duty, breach, causation, and damages. Drivers owe a duty to operate vehicles safely; property owners must maintain reasonably safe premises; and healthcare providers must deliver care consistent with professional standards. When that duty is breached and directly causes injury, the at-fault party becomes liable for damages under Florida law.

Statute of Limitations

House Bill 837, signed into law on March 24, 2023, amended Fla. Stat. §95.11(4)(a) to shorten the statute of limitations for general negligence actions from four years to two years. That means most claims arising after March 24, 2023 must be filed within two years of the date of injury. Separate deadlines apply to other causes of action:

• Medical Malpractice: Two years from discovery of the injury but no more than four years from the act (Fla. Stat. §95.11(4)(b)).

• Wrongful Death: Two years from death (Fla. Stat. §95.11(4)(d)).

Missing the statute of limitations will likely bar your claim completely, so prompt action is critical.

Comparative Negligence Rule

Florida follows a "modified" comparative negligence system codified in Fla. Stat. §768.81. If you are found greater than 50% at fault for your own injuries, you recover nothing. If you are 50% or less at fault, your damages are reduced proportionally. For example, a $100,000 verdict is reduced to $60,000 if you are deemed 40% responsible.

No-Fault Personal Injury Protection (PIP)

Florida remains one of the few states with mandatory no-fault automobile insurance. Under Fla. Stat. §627.736, every motorist must carry at least $10,000 in Personal Injury Protection (PIP) benefits. PIP covers:

• 80% of reasonable medical expenses.

• 60% of lost wages.

• $5,000 in death benefits.

In most cases, you must first make a PIP claim regardless of who caused the crash. Only if your injuries meet the serious-injury threshold in Fla. Stat. §627.737—significant and permanent loss of bodily function, permanent injury, significant scarring, or death—may you step outside the no-fault system and sue the at-fault driver.

Common Types of Personal Injury Cases in Florida

Motor Vehicle Accidents

According to Miami-Dade County’s 2022 Crash Facts, over 61,000 crashes occurred locally, many on the I-95 and SR-826 corridors. Distracted driving, rideshare traffic, and tourist unfamiliarity contribute to high collision rates. Beyond PIP, injured motorists often pursue third-party claims for excess medical bills and non-economic damages when serious injury thresholds are met.

Premises Liability (Slip and Fall)

Florida landowners must maintain their property in reasonably safe condition. In Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001), the Florida Supreme Court confirmed that business invitees must show the store had actual or constructive knowledge of a dangerous condition. Miami’s humid climate frequently leads to slippery supermarket floors and wet hotel lobbies, making timely incident reports and photographs essential to proving these cases.

Boating and Jet Ski Accidents

With Biscayne Bay and the Atlantic Ocean at our doorstep, watercraft collisions are unfortunately common. Operators owe a duty of reasonable care under both state and federal maritime law. Failing to observe posted speed limits in manatee zones or operating a vessel while intoxicated may create civil liability under Fla. Stat. §327.35 (Boating Under the Influence).

Medical Malpractice

Florida requires pre-suit screening under Fla. Stat. §766.106 and Florida Rule of Civil Procedure 1.650. Prospective plaintiffs must serve the healthcare provider with a notice of intent and obtain an expert affidavit corroborating negligence. Miami houses world-class facilities like the University of Miami Health System, but errors still occur, from surgical mistakes to failure to diagnose.

Negligent Security

Property owners in high-crime areas—such as certain nightclubs in Downtown and parking garages near major sporting venues—may be held liable for failing to provide adequate lighting, cameras, or security personnel. The Third District Court of Appeal (which covers Miami-Dade) frequently addresses foreseeability and prior similar crimes when evaluating these claims.

Florida Legal Protections & Injury Laws

Damage Caps

Florida previously capped non-economic damages in medical malpractice cases, but the Florida Supreme Court struck down those caps in North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017). Currently, there are no statewide caps on pain and suffering damages in personal injury or medical malpractice actions.

Bad Faith Insurance Claims

If an insurer unreasonably denies or delays benefits, claimants may bring a bad-faith action under Fla. Stat. §624.155 after providing a 60-day civil remedy notice to the Florida Department of Financial Services. The bad-faith process is complex but can expose insurers to damages exceeding policy limits.

Wrongful Death Act

Fla. Stat. §§768.16–768.26 outline who may sue and what damages are recoverable when negligence causes a person’s death. Eligible survivors often include spouses, minor children, and parents of minor children. Recoverable damages may cover lost support, medical and funeral expenses, and mental pain and suffering for specific relatives.

Attorney Licensing and Contingency Fees

All Florida attorneys must be licensed by the Florida Bar. Contingency fee agreements for personal injury cases are regulated by Florida Bar Rule 4-1.5(f), which caps percentages unless court approval is obtained. Typical fee ranges are 33⅓% if the case settles before an answer and 40% thereafter, but every contract must be put in writing and signed by both client and attorney.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Under Florida’s PIP law (Fla. Stat. §627.736(1)(a)), you must receive medical treatment within 14 days to qualify for PIP benefits. Visit a licensed physician, hospital, or urgent care center such as Jackson Memorial or Mount Sinai Medical Center.

2. Preserve Evidence

• Photograph the accident scene, injuries, and any hazardous conditions.

• Collect names and contact information for witnesses.

• Request a copy of the police crash report (Florida Traffic Crash Report, Long Form).

• Retain damaged property (e.g., torn clothing, vehicle parts) when feasible.

3. Notify Insurance Carriers

Most auto policies require prompt notice of a collision. Provide basic facts but avoid recorded statements until you consult counsel.

4. Document Expenses and Losses

• Medical bills and pharmacy receipts.

• Proof of lost wages (pay stubs, employer letters).

• Travel costs for medical appointments.

5. Consult a Qualified Attorney

A personal injury lawyer in Miami, Florida can evaluate liability, confirm statutory deadlines, negotiate with insurers, and file suit if necessary.

When to Seek Legal Help in Florida

Indicators You Need an Attorney

• Your injuries meet the serious injury threshold and PIP is insufficient.

• The at-fault party disputes liability or blames you.

• An insurance adjuster requests a recorded statement or offers a quick settlement.

• You suspect medical malpractice, which requires expert affidavits and strict pre-suit steps.

• Your claim involves government entities (e.g., Miami-Dade Transit), triggering shorter notice requirements under Fla. Stat. §768.28(6).

What a Miami Accident Attorney Can Do

• Investigate crash data from local law enforcement and traffic cameras.

• Retain accident reconstructionists familiar with South Florida roadways.

• Calculate economic and non-economic damages under Florida law.

• File a complaint in the Eleventh Judicial Circuit (Miami-Dade County) or U.S. District Court for the Southern District of Florida, if diversity jurisdiction applies.

Local Resources & Next Steps

Medical Facilities

Jackson Memorial Hospital Trauma Center Baptist Hospital of Miami

Court Information

• Eleventh Judicial Circuit (Miami-Dade): Civil Courthouse, 73 West Flagler Street, Miami, FL 33130

• U.S. District Court, Southern District of Florida: 400 North Miami Avenue, Miami, FL 33128

Government & Consumer Links

Florida Bar Consumer Guides Florida Department of Financial Services – Consumer Services

Remember that every injury case is fact-specific. Acting quickly preserves your legal options under Florida’s evolving statutes.

Legal Disclaimer

This guide provides general information only and does not create an attorney–client relationship. Laws change, and application varies by circumstance. Always consult a licensed Florida attorney for personalized legal advice.

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.