Personal Injury Rights Guide – Doral, Florida

Introduction: Why Doral Residents Need a Local Personal Injury Guide

Doral, Florida—home to more than 75,000 residents, bustling industrial parks, and the busy intersections along NW 36th Street and Doral Boulevard—sees thousands of commuters and commercial trucks daily. Whether you were rear-ended on the Dolphin Expressway, slipped in a Doral retailer, or suffered hurricane-related property damage that caused bodily injury, understanding your Florida personal injury law rights is critical. This guide is written for injury victims in Doral and the greater Miami-Dade County area. It draws exclusively from authoritative sources such as the Florida Statutes, the Florida Rules of Civil Procedure, and published opinions from Florida courts. We slightly favor the victim’s perspective while remaining strictly factual and professional.

Below you will find a step-by-step overview of Florida’s personal injury framework, including the statute of limitations, comparative negligence, and no-fault insurance rules. By the end, you will know what steps to take, what deadlines matter, and when to contact a personal injury lawyer Doral Florida trusts.

Understanding Your Personal Injury Rights in Florida

1. The Legal Definition of Personal Injury

Under Florida law, a personal injury is bodily, mental, or emotional harm caused by another party’s negligence, strict liability, or intentional misconduct (Fla. Stat. § 768.81). Common examples include car crashes, premises liability (slip and fall), defective products, and medical malpractice.

2. Key Victim Rights

Right to Sue Within the Statute of Limitations: Most negligence actions must be filed within two years of the injury date, per the 2023 amendment to Fla. Stat. § 95.11(4)(a). Wrongful-death claims remain at two years (Fla. Stat. § 768.19). Right to Comparative Fault Allocation: Florida uses a modified comparative negligence system (2023 tort reform) that bars recovery if you are more than 50% at fault (Fla. Stat. § 768.81(6)). Right to PIP Benefits: Under Florida’s No-Fault Insurance Law, motorists must maintain $10,000 in Personal Injury Protection, which covers up to 80% of medical bills and 60% of lost wages, regardless of fault (Fla. Stat. § 627.736). Right to a Jury Trial: Article I, Section 22 of the Florida Constitution guarantees a civil jury trial for damages exceeding $30,000 (current county court jurisdictional limit per Florida Courts administrative orders).

Common Types of Personal Injury Cases in Florida

1. Motor Vehicle Accidents

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County recorded over 63,000 crashes in 2022. Doral’s proximity to Miami International Airport and the Palmetto Expressway (SR-826) makes traffic congestion a daily hazard.

2. Premises Liability (Slip, Trip, and Fall)

Property owners in Florida owe invitees a duty of reasonable care to maintain safe premises. Victims must prove notice and dangerous condition under Fla. Stat. § 768.0755.

3. Product Liability

Manufacturers can be strictly liable when defective products cause harm, under precedents such as West v. Caterpillar Tractor Co., 336 So.2d 80 (Fla. 1976).

4. Medical Malpractice

Medical negligence claims must satisfy presuit notice and expert affidavit requirements per Fla. Stat. §§ 766.106–766.206. Doral residents often use hospitals such as Jackson West Medical Center in nearby Miami-Dade County.

5. Hurricane & Storm-Related Injuries

With Doral routinely in hurricane zones, injuries from debris or unsafe post-storm conditions may give rise to negligence or premises liability claims.

Florida Legal Protections & Injury Laws

1. Statute of Limitations Summary

• General Negligence: 2 years (post-March 2023 amendment), Fla. Stat. § 95.11(4)(a)

• Medical Malpractice: 2 years from discovery, capped at 4 years, Fla. Stat. § 95.11(4)(b)

• Wrongful Death: 2 years, Fla. Stat. § 95.11(4)(e)

• Product Liability: 2–4 years depending on facts, Fla. Stat. § 95.11(3)

2. Modified Comparative Negligence

Florida’s 2023 House Bill 837 replaced pure comparative fault with a 50% bar rule: a plaintiff who is more than 50% responsible cannot recover damages. The jury assigns fault, and any award is reduced by the plaintiff’s percentage of fault, Fla. Stat. § 768.81.

3. Damage Caps

Economic damages (medical bills, lost wages) are uncapped. Non-economic damages (pain and suffering) are not capped in ordinary negligence cases. Medical malpractice non-economic caps were struck down as unconstitutional in Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014).

4. No-Fault (PIP) Requirements

Drivers must seek initial medical treatment within 14 days to claim PIP benefits, Fla. Stat. § 627.736(1)(a).

5. Attorney Licensing & Ethical Rules

Only attorneys admitted by the Florida Bar can represent clients in state courts. Contingency fees in personal injury cases must comply with Rule 4-1.5(f) of the Rules Regulating the Florida Bar.

Steps to Take After a Personal Injury in Florida

1. Prioritize Safety and Medical Care

Call 911 for emergencies. Under Fla. Stat. § 316.066, motorists involved in crashes causing injury must report the accident.

2. Document the Scene

• Take photographs of vehicles, injuries, and surroundings.

• Request a copy of the police crash report from FLHSMV.

• Collect witness names and contact information.

3. Notify Insurance

Florida’s PIP law requires early claim notification. Provide factual information only; avoid speculative statements about fault.

4. Preserve Evidence

Secure damaged property, faulty products, or footwear if a slip and fall. Florida courts allow spoliation sanctions against parties who destroy evidence (Golden Yachts, Inc. v. Hall, 920 So.2d 777 (Fla. 4th DCA 2006)).

5. Track Medical Expenses and Lost Wages

Maintain invoices, diagnostic images, prescriptions, and employer wage statements. These form the basis of economic damage calculations.

When to Seek Legal Help in Florida

1. Serious Injuries or Permanent Impairment

If injuries exceed the PIP “threshold” (significant and permanent loss of an important bodily function, permanent injury, significant scarring, or death per Fla. Stat. § 627.737(2)), you may pursue a liability claim against the at-fault driver.

2. Liability Disputes

Comparative negligence arguments can reduce or bar recovery. A doral accident attorney can gather evidence and work with accident reconstructionists.

3. Low Insurance Offers

Insurance adjusters represent the carrier’s interests. Florida bad-faith law (e.g., Fla. Stat. § 624.155) provides remedies, but timely civil remedy notices are essential.

4. Approaching the Statute of Limitations

Filing a lawsuit stops the clock. Complaints are governed by Florida Rules of Civil Procedure 1.050–1.115. Service of process must follow Fla. Stat. Chapter 48.

Local Resources & Next Steps for Doral Victims

1. Hospitals & Medical Facilities

• Jackson West Medical Center – 2801 NW 79th Ave, Doral

• HCA Florida Kendall Hospital – Level I Trauma Center, 15 minutes south of Doral

2. Law Enforcement & Crash Reports

• Doral Police Department – 6100 NW 99th Ave; request incident reports within 10 days.

FLHSMV Crash Portal – statewide crash reports for a $10 fee.

3. Courthouse Information

Doral civil actions are filed in the Eleventh Judicial Circuit Court of Florida, Miami-Dade County Courthouse, 73 W Flagler St., Miami.

4. Victim Services

Miami-Dade Victim Assistance Program Florida Department of Health – injury prevention resources

5. Choosing the Right Attorney

• Verify Florida Bar license and disciplinary history.

• Review experience with jury trials in Miami-Dade courts.

• Ask about contingency fees compliant with Rule 4-1.5(f).

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws may change, and application of law varies by specific facts. Always consult a licensed Florida attorney about your case.

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.