Personal Injury Guide & Rights—Miramar, Florida

Introduction: Why Personal Injury Law Matters in Miramar

From the daily rush hour on Interstate 75 and the Florida Turnpike to weekend traffic headed to Miramar Regional Park, accidents in Miramar, Florida can happen without warning. According to crash data maintained by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Broward County consistently reports tens of thousands of traffic collisions each year. Victims in these crashes—as well as slip-and-falls at popular shopping centers like Miramar Square, dog bites in our residential neighborhoods, and workplace injuries at Miramar’s bustling warehouses—often face mounting medical bills, lost wages, and emotional distress. This comprehensive guide is written for Miramar residents who are searching for a personal injury lawyer in Miramar, Florida or simply want to understand their legal rights before speaking with an attorney. It favors injury victims by clarifying the protections provided by Florida law, the procedures for asserting a claim, and the resources available right here in Broward County.

Understanding Your Personal Injury Rights in Florida

Negligence and Duty of Care

Most personal injury claims are based on the legal theory of negligence. Under Florida law, a person or business is negligent when they breach a duty of care owed to you and that breach causes your injury. Examples include a driver who texts behind the wheel or a property owner who fails to fix a known tripping hazard.

Comparative Negligence—Florida Statutes §768.81

Florida follows a modified comparative negligence system. Under Florida Statutes §768.81, if a judge or jury finds you partially at fault, your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you cannot recover damages. This rule makes thorough evidence collection and persuasive advocacy critical from day one.

Statute of Limitations—Florida Statutes §95.11(3)(a)

You generally have two years from the date of the accident to file a lawsuit for negligence-based injuries in Florida. Missing this deadline almost always means forfeiting your right to sue, so act promptly.

No-Fault Auto Insurance—Florida Statutes §627.736

Florida’s “No-Fault” law requires vehicle owners to carry Personal Injury Protection (PIP) coverage. You normally must turn first to your own PIP insurer for medical benefits up to $10,000, regardless of who caused the crash. Only if your injuries meet the serious injury threshold outlined in §627.737 can you step outside the no-fault system and pursue the at-fault driver for pain, suffering, and other non-economic damages.

Common Types of Personal Injury Cases in Miramar & Florida

Motor Vehicle Collisions

I-75, U.S. 441, and Pembroke Road see dense commuter traffic and frequent rear-end collisions. High-speed crashes on the express lanes often cause traumatic brain injuries (TBIs) and spinal cord damage requiring lifelong care.

Slip, Trip & Fall Accidents

Under Florida’s “premises liability” rules, business owners must maintain their property in reasonably safe condition. Wet floors at shopping plazas like Shops at Pembroke Gardens or broken sidewalks in residential complexes can result in serious fractures.

Dog Bites

Florida Statutes §767.04 imposes strict liability on dog owners when their pet bites someone in a public place or lawfully on private property, including the owner’s property, with few exceptions. Victims do not need to prove prior viciousness.

Medical Malpractice

Facilities such as Memorial Hospital Miramar and nearby Memorial Hospital West provide excellent care, yet medical errors still occur. Chapter 766 of the Florida Statutes governs malpractice claims, requiring a pre-suit investigation and compliance with stringent notice requirements.

Product Liability

Defective consumer products—from faulty e-scooters to exploding lithium-ion batteries—fall under Florida’s product liability laws. Plaintiffs may allege design defects, manufacturing flaws, or inadequate warnings.

Florida Legal Protections & Injury Laws

Damages Available

• Economic Damages: medical bills, future treatment expenses, lost wages, diminished earning capacity

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

• Punitive Damages: awarded under §768.72 when defendant’s conduct is intentional or grossly negligent (caps apply)

Caps on Damages

Florida generally does not cap economic or non-economic damages in standard negligence cases. Medical malpractice non-economic caps were struck down by the Florida Supreme Court in North Broward Hosp. Dist. v. Kalitan, 219 So.3d 49 (Fla. 2017).

Pre-Suit Requirements & Settlement Negotiations

Some claims, such as medical malpractice and claims against government entities under §768.28, require pre-suit notices and waiting periods. Knowledge of these procedural hurdles is key to avoiding dismissal.

Florida Rules of Civil Procedure

Once a lawsuit is filed, discovery proceeds under the Florida Rules of Civil Procedure. Depositions (Rule 1.310), interrogatories (Rule 1.340), and requests for production (Rule 1.350) allow each side to gather evidence. An experienced Miramar accident attorney will leverage these tools to build the strongest case for compensation.

Steps to Take After a Personal Injury in Florida

Seek Immediate Medical Attention Documenting injuries at facilities like Memorial Hospital Miramar or Broward Health Pembroke Pines establishes a causal link between accident and injury. Report the Incident Call 911 after auto crashes or request a property incident report for falls. Florida Statutes §316.066 requires an official crash report for motor vehicle accidents involving injury. Document Evidence Photograph the scene, gather witness contact information, and keep damaged clothing or products. Notify Insurance Carriers Most auto and premises policies contain notice provisions. Timely reporting prevents denials based on late notice. Avoid Recorded Statements Without Counsel Insurers often seek statements that may later be used to minimize your claim. Politely decline until you speak with a lawyer. Track Expenses and Work Impact Save receipts, medical records, prescription logs, and employer wage verification forms to substantiate economic losses. Consult a Licensed Florida Personal Injury Lawyer The Florida Bar regulates attorney licensure. Verify any attorney’s status by searching the Bar’s online directory.

When to Seek Legal Help in Florida

Serious or Catastrophic Injuries

TBIs, spinal cord injuries, amputations, and permanent scarring often exceed PIP limits and require skilled legal advocacy to pursue lifetime care costs.

Liability Disputes

When fault is contested or multiple parties are involved—common in South Florida multi-vehicle pileups—an attorney can gather expert testimony and accident reconstruction evidence.

Insurance Bad Faith

If an insurer unreasonably delays or undervalues your claim, you may bring a bad-faith action under §624.155 after satisfying the 60-day civil remedy notice requirement with the Florida Department of Financial Services.

Government Liability

Claims against the City of Miramar or Broward County involve unique notice rules and damage caps (currently $200,000 per person, $300,000 per incident under §768.28).

Local Resources & Next Steps

• Memorial Hospital Miramar – 1901 SW 172nd Ave., Miramar, FL 33029 • Trauma & emergency care

• Miramar Police Department Records Division – Obtain traffic accident reports: 11765 City Hall Promenade

• Broward County Clerk of Courts – File lawsuits or access dockets: 201 SE 6th St., Fort Lauderdale

• Florida Bar Lawyer Referral Service – 800-342-8011

Whether you are evaluating settlement offers or wondering how long litigation might take, a qualified personal injury lawyer Miramar Florida residents trust can clarify options and guard against mistakes.

Authoritative External Resources

Florida Statutes Chapter 768 – Negligence Florida Statute §95.11 – Limitations of Actions Florida PIP (No-Fault) Statute §627.736 Florida Bar Consumer Information

Legal Disclaimer

This guide provides general information only and does not constitute legal advice. Laws change, and each case is unique. Always consult a licensed Florida attorney about your specific 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.