Personal Injury Lawyer North Miami, Florida Guide

Introduction: Why North Miami Residents Need a Local Personal Injury Guide

North Miami, Florida sits at the busy crossroads of Biscayne Boulevard (U.S.-1), State Road 826, and the I-95 corridor. These thoroughfares, paired with the city’s year-round tourism and dense residential neighborhoods, unfortunately create a higher-than-average rate of traffic collisions and other accidental injuries. According to Florida Highway Safety and Motor Vehicles 2021 Crash Facts, Miami-Dade County recorded more than 62,000 crashes in a single year—many occurring within North Miami’s city limits.If you or a loved one has been hurt in a car crash on Northeast 163rd Street, a slip and fall in one of our busy shopping centers, or a boating incident in Biscayne Bay, you likely have questions about Florida personal injury law. This 2,500-plus-word guide provides strictly factual, Florida-specific information—slightly favoring victims’ rights—so you can make informed decisions. All statutes and rules cited come directly from the Florida Statutes or official court authorities. Remember, every case is unique; always consult a licensed Florida attorney before taking action.

Understanding Your Personal Injury Rights in Florida

Negligence and Duty of Care

Most personal injury claims in Florida rest on negligence—when a person or business breaches a legal duty of care, causing injury. Florida adheres to the elements of negligence adopted in McCain v. Florida Power Corp., 593 So.2d 500 (Fla. 1992): duty, breach, causation, and damages.

Statute of Limitations

• General Negligence: Four years from the date of injury under Florida Statutes § 95.11(3)(a).
• Medical Malpractice: Two years from discovery, but no more than four years after the incident (§ 95.11(4)(b)).

Missing these deadlines usually bars recovery, so act promptly.

Comparative Negligence

Florida’s pure comparative negligence system, set out in Florida Statutes § 768.81, allows injured persons to recover damages even if they are partly at fault. Your award is reduced by your percentage of fault. For example, if a jury values your damages at $100,000 but finds you 20% responsible, you may still recover $80,000.

No-Fault (PIP) Rules

Under Florida’s no-fault insurance law, every motorist must carry at least $10,000 in Personal Injury Protection (PIP) (Florida Statutes § 627.736). PIP pays 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, up to the policy limits. You must seek medical care within 14 days of the crash to preserve PIP benefits.

Common Types of Personal Injury Cases in Florida

Motor Vehicle Collisions

With I-95 and U.S.-1 bisecting North Miami, auto accidents are the leading cause of injury claims. Victims often seek compensation beyond PIP by pursuing bodily injury claims against at-fault drivers. Notable crash hotspots include intersections near MOCA Plaza and the entrances to Florida International University’s Biscayne Bay Campus.

Premises Liability (Slip and Fall)

Property owners in Florida must maintain reasonably safe conditions. Under Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla. 2001), a store can be liable if they knew or should have known about a hazardous condition (e.g., spilled liquid) and failed to correct it.

Boating and Jet Ski Accidents

North Miami’s proximity to Haulover Sandbar and Biscayne Bay brings a steady stream of boating traffic. Florida leads the nation in recreational boating accidents, according to the Florida Fish and Wildlife Conservation Commission.

Dog Bites

Florida Statutes § 767.04 imposes strict liability on dog owners for bites occurring in public places or lawfully on private property, unless the victim was trespassing or provoked the dog.

Medical Malpractice

Jackson North Medical Center and Mount Sinai Medical Center–Aventura treat thousands of patients each year. If a provider deviates from the prevailing professional standard of care (see § 766.102), and injury results, a malpractice claim may arise. Pre-suit notice and a 90-day investigative period are mandatory under § 766.106.

Florida Legal Protections & Injury Laws

Damages Available

• Economic: Medical bills, rehabilitation, lost wages, loss of earning capacity.
• Non-Economic: Pain, suffering, emotional distress, loss of enjoyment of life (per § 766.118 for malpractice caps).
• Punitive: Only when defendant’s conduct was intentional or grossly negligent (Florida Statutes § 768.72).

Wrongful Death Actions

Florida Statutes § 768.19 allows the decedent’s personal representative to sue for wrongful death. Recoverable damages include funeral costs and loss of support/companionship (§ 768.21).

Evidence and Discovery Rules

The Florida Rules of Civil Procedure govern personal injury litigation. Key provisions:

• Rule 1.350: Requests for Production.
• Rule 1.370: Requests for Admission (useful to establish liability).
• Rule 1.510: Summary Judgment—recent 2021 amendments align Florida’s rule with federal standards, making summary judgment more accessible.

Insurance Bad Faith

Under Florida Statutes § 624.155, insurers must settle claims in good faith. An injured party can file a civil remedy notice and, if the insurer fails to cure within 60 days, pursue bad-faith damages often exceeding policy limits.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Attention

Visit a licensed provider within 14 days to secure PIP benefits. Nearby facilities include Jackson North Medical Center (North Miami Beach) and UHealth Jackson Urgent Care on Biscayne Boulevard.

2. Document Everything

• Photograph the scene, injuries, vehicle damage, and hazard conditions.
• Collect names and contact information of witnesses. Request crash reports through the Florida Crash Portal.

3. Notify All Insurance Carriers

Provide basic facts only. Do not give a recorded statement without advice of counsel.

4. Preserve Physical Evidence

Do not repair a vehicle or discard defective products until photographed or inspected by experts. Rule 1.380 sanctions can apply for spoliation.

5. Track Expenses and Symptoms

Keep a daily pain journal and all receipts for co-pays, prescriptions, mobility aids, and home health aides.

When to Seek Legal Help in Florida

Complex Fault or Severe Injuries

If fractures, traumatic brain injury, or permanent scarring are involved, a seasoned personal injury lawyer North Miami Florida can calculate life-long costs and negotiate with insurers.

Disputed Liability or Comparative Negligence

Where multiple vehicles or alleged pre-existing conditions complicate fault, legal counsel helps protect your recovery against unfair blame.

Bad-Faith Insurance Tactics

Delays, lowball offers, or denial without explanation may violate § 624.155. An attorney can file a civil remedy notice and litigate if needed.

Statute of Limitations Approaching

Once the four-year deadline under § 95.11(3)(a) nears, swift legal action becomes critical to avoid dismissal.

Local Resources & Next Steps

Miami-Dade Clerk of Courts – File civil complaints or view dockets.Florida Bar Lawyer Directory – Verify attorney licensing and discipline history.Jackson North Medical Center – Level-II trauma resources for acute injuries.Florida Department of Health – Provider licensing and hospital quality data. After medical stabilization, gather all documentation, calculate ongoing expenses, and consult an attorney familiar with local courts such as the Eleventh Judicial Circuit in downtown Miami. Most reputable firms offer contingency-fee arrangements, meaning no attorney’s fee unless they recover compensation for you.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and each case is fact-specific. Consult a licensed Florida attorney before making legal decisions.

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.