Personal Injury Lawyer Guide – Miramar, Florida

Introduction: Why Personal Injury Law Matters in Miramar

Miramar, Florida, sits at the crossroads of Broward and Miami-Dade Counties, bordered by I-75 to the west and Florida’s Turnpike to the east. With more than 140,000 residents and thousands of commuters traveling along Pembroke Road, Miramar Parkway, and Red Road every day, accidents are inevitable. The City of Miramar Police Department routinely responds to motor-vehicle collisions, slip-and-falls inside busy retail centers such as the Miramar Square shopping plaza, and construction-site injuries associated with ongoing residential development near Silver Isles and Sunset Lakes. Understanding your rights under Florida personal injury law is essential if you have been hurt because of someone else’s negligence. This guide is designed to help injury victims—not insurance companies—navigate Florida’s legal system, meet critical deadlines, and maximize compensation under Florida law.

The information below is strictly factual, based on the Florida Statutes, published Florida court opinions, and regulations issued by state agencies. It is not legal advice. For guidance on your specific case, consult a licensed Florida attorney.

Understanding Your Personal Injury Rights in Florida

The Legal Basis for Recovery

Personal injury claims in Florida generally arise from negligence—"the failure to exercise reasonable care"—recognized in both common-law court decisions and Chapter 768 of the Florida Statutes. To succeed, an injury victim must prove four elements:

• Duty: The defendant owed a legal duty of care.

• Breach: The defendant breached that duty by acting or failing to act.

• Causation: The breach directly and proximately caused the injury.

• Damages: The victim sustained actual losses—medical bills, lost wages, pain and suffering.

Florida’s courts have consistently upheld this framework. For example, in McCain v. Florida Power Corporation, 593 So.2d 500 (Fla. 1992), the Florida Supreme Court reiterated that foreseeability of harm establishes duty and proximate cause.

Comparative Negligence in Florida

Florida follows a pure comparative negligence model, codified in Florida Statute §768.81. A plaintiff’s damages are reduced by their percentage of fault. If you are 20% responsible for your injuries, your compensation is reduced by 20%. Importantly, you can still recover damages even if you are 99% at fault, although your award will be limited to the remaining 1%.

Statute of Limitations

Pursuant to Florida Statute §95.11(3)(a), personal injury actions founded on negligence must be filed within four years from the date of the accident. Wrongful-death claims (Florida Statute §95.11(4)(d)) and medical malpractice claims (§95.11(4)(b)) carry a two-year limitations period, with specific discovery rules. Missing these deadlines almost always results in dismissal, regardless of claim merit.

Common Types of Personal Injury Cases in Florida

Motor-Vehicle Collisions

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 394,255 traffic crashes statewide in 2022, including more than 3,500 in Broward County alone. In Miramar, I-75 exit areas and intersections at Miramar Parkway & Flamingo Road are frequent crash zones. Florida is a No-Fault state under Florida Statute §627.736, which requires drivers to carry $10,000 in Personal Injury Protection (PIP) coverage. PIP pays up to 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, but serious-injury thresholds (§627.737) allow victims to sue the at-fault driver for additional damages.

Premises Liability (Slip-and-Fall)

Florida property owners owe invitees (shoppers, tenants, and guests) a duty to maintain premises in reasonably safe condition. Under Florida Statute §768.0755, an injured person in a business establishment must prove the owner had actual or constructive notice of a dangerous condition (e.g., a wet floor in a Miramar grocery store) and failed to remedy it.

Medical Malpractice

Home to Memorial Hospital Miramar and nearby Cleveland Clinic Weston, South Florida sees a significant volume of medical services—and potential malpractice claims. Medical negligence cases are subject to the presuit screening requirements of Chapter 766, including expert-affidavit mandates and strict statutes of limitation.

Dog Bites

Florida imposes strict liability on dog owners for bites occurring in public or lawfully on private property (Florida Statute §767.04). Unlike some states, Florida does not apply a "one-bite rule." Miramar’s many pet-friendly parks, such as Miramar Regional Park, increase potential exposure.

Hurricane-Related Injuries

During hurricane season, residents often sustain injuries from falling debris or unsafe property conditions. While such claims may involve premises liability or negligence per se (for building-code violations), they are litigated under the same comparative fault and limitation provisions.

Florida Legal Protections & Injury Laws

Damages Available

• Economic: Medical expenses, future medical needs, rehabilitation, lost earnings, loss of earning capacity, property damage.

• Non-Economic: Pain and suffering, mental anguish, loss of consortium (spouse), loss of enjoyment of life.

• Punitive: Awarded under Florida Statute §768.72 when the defendant’s conduct was grossly negligent or intentional.

Caps on Damages

Florida previously capped non-economic damages in medical malpractice cases, but the Florida Supreme Court struck down those caps in Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014) and later cases. Except for sovereign immunity claims against state entities (capped by §768.28), there are generally no statutory caps for personal injury actions.

No-Fault PIP Restrictions

PIP benefits must be sought within 14 days of the accident (Florida Statute §627.736(1)(a)). Non-emergency treatment is limited to $2,500, while emergencies certified by a qualified physician can access the full $10,000. Because Memorial Urgent Care Miramar qualifies as an emergency medical facility, timely documentation there can greatly strengthen a claim.

Negligent Security

Under Florida premises liability doctrine, property owners may be liable for foreseeable third-party criminal acts (e.g., assaults in apartment parking lots on Miramar Boulevard) when inadequate lighting or security played a role. Case law such as A.M. v. The Walt Disney World Co., 249 So.3d 62 (Fla. 5th DCA 2018) explores this duty.

Steps to Take After a Personal Injury in Florida

• Seek Immediate Medical Attention Visit Memorial Hospital Miramar (1901 SW 172nd Ave) or call 911. PIP requires treatment within 14 days. Tell the provider every symptom—medical records are crucial evidence.

Report the Incident For auto accidents, contact the Miramar Police Department or Florida Highway Patrol (FLHSMV). For slip-and-falls, notify the store manager and obtain an incident report.

Document Everything

  - Take photos of the scene, vehicle damage, or hazardous condition.

  - Collect witness names and phone numbers.

  - Save medical bills, repair invoices, and out-of-pocket receipts.

• Avoid Recorded Statements Insurance adjusters—yours and the other party’s—may request recorded statements. Politely decline until you speak with a personal injury lawyer Miramar Florida licensed by The Florida Bar.

• Notify Your Insurer Under most auto-policy contracts and PIP law, you must report the accident within a specified time. Provide facts only, not opinions regarding fault.

• Consult an Attorney Before Signing Anything Quick settlement offers seldom account for future medical costs or pain and suffering. An attorney can calculate full Florida injury compensation using medical experts and life-care planners.

When to Seek Legal Help in Florida

Complex Liability or Multiple Defendants

Crashes involving ride-share vehicles on Miramar Parkway, commercial trucks entering the Turnpike, or defective products sold nationwide often require sophisticated evidence gathering and multiple insurance carriers. A Miramar accident attorney can subpoena phone records, black-box data, or surveillance footage before evidence disappears.

Severe or Permanent Injuries

Florida Statute §627.737 defines "serious injury" for purposes of bypassing the no-fault threshold: significant and permanent loss of an important bodily function, permanent injury, scarring, or death. Proving permanency generally requires sworn reports by treating physicians. Attorneys coordinate with neurologists, orthopedic surgeons, and vocational experts to substantiate these findings.

Wrongful Death Claims

Florida’s Wrongful Death Act (§768.16-768.26) allows the decedent’s personal representative to recover funeral costs, loss of support, and mental pain and suffering on behalf of survivors. The statute of limitations is two years, per §95.11(4)(d).

Disputed Liability or Lowball Offers

If the insurance carrier asserts comparative fault or offers an unreasonably low settlement, Florida Rule of Civil Procedure 1.442 and §768.79 (Proposals for Settlement) can be invoked to recover attorney’s fees if the defense acts in bad faith.

Local Resources & Next Steps

Courthouses Serving Miramar

• Broward County Central Courthouse, 201 SE 6th Street, Fort Lauderdale – Handles most civil actions over $50,000.

• Southern District of Florida (Federal), Wilkie D. Ferguson Jr. U.S. Courthouse, Miami – For diversity or federal-question cases.

Medical Providers Familiar With Accident Documentation

• Memorial Hospital Miramar – Emergency and trauma services.

• Physicians Health Center – Walk-in injury care.

• South Florida Rehabilitation & Wellness Center – Physical therapy.

Legal Aid & Bar Associations

Legal Aid Service of Broward County – Income-qualified civil legal assistance. The Florida Bar Consumer Pamphlets – Free publications on personal injury and insurance disputes.

• Florida Department of Financial Services Division of Consumer Services – Mediation for certain insurance claims.

Choosing the Right Attorney

Verify that your attorney is in good standing with The Florida Bar and carries no disciplinary history. Experienced counsel should provide:

• A free initial consultation.

• Contingency-fee representation compliant with Rule 4-1.5(f)(4)(B) of the Rules Regulating The Florida Bar.

• Resources to advance litigation costs.

• A clear communication policy—regular updates via email, calls, or a client portal.

Conclusion

Living and working in Miramar has many advantages, but heavy traffic, rapid development, and seasonal storms also create real injury risks. Florida law gives you powerful tools to hold negligent parties accountable and secure the compensation you need to heal physically and financially. However, strict time limits, comparative negligence arguments, and insurance-company tactics can undermine unrepresented victims. Do not leave your future to chance—understand your rights and act quickly.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique. Consult a licensed Florida attorney to obtain advice regarding your personal 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.