Personal Injury Rights Guide – Miramar, Florida

Introduction: Why a Miramar-Focused Personal Injury Guide Matters

Miramar sits at the crossroads of Broward County’s busiest corridors—Interstate 75, Florida’s Turnpike, and the Red Road/​Miramar Parkway commercial strip. According to the Florida Department of Highway Safety Crash Facts, Broward County recorded more than 36,000 traffic crashes in 2022, a significant portion occurring in the southwest corridor that includes Miramar. Add year-round tourism, dense commuter traffic to Miami-Dade, and seasonal hurricane activity, and injury risks spike in ways unique to our community.This guide explains Florida personal injury law from a Miramar perspective—highlighting local resources such as Memorial Hospital Miramar and the Broward County civil courthouse in Fort Lauderdale—while grounding every section in verifiable authority. If you have suffered harm through another’s negligence, understanding these rules can help you protect your health, meet legal deadlines, and maximize compensation.

Key Takeaways for Miramar Injury Victims

• Two-year statute of limitations. For negligence-based injuries occurring on or after March 24, 2023, Fla. Stat. § 95.11(4)(a) gives victims only two years to sue.
• Modified comparative negligence. Under Fla. Stat. § 768.81(6), recovery is barred if you were more than 50 % at fault; otherwise, damages are reduced by your percentage of fault.
• No-Fault PIP first. Florida’s No-Fault law (Fla. Stat. § 627.736) requires injured motorists to seek Personal Injury Protection (PIP) benefits before suing, subject to a 14-day medical-treatment rule.

Understanding Your Personal Injury Rights in Florida

Florida defines “personal injury” broadly to include bodily injury, sickness, or death caused by another’s wrongful act. Core rights under Chapter 768 allow an injured person to:

• Seek compensatory damages such as medical bills, lost wages, and pain and suffering (Fla. Stat. § 768.21).
• Demand pre-suit disclosure of an at-fault party’s insurance coverage under Fla. Stat. § 627.4137.
• Pursue punitive damages in cases of intentional misconduct or gross negligence, capped by Fla. Stat. § 768.73.

These statutory rights exist alongside Florida common-law negligence principles, requiring a plaintiff to prove duty, breach, causation, and damages. Because Miramar accidents often cross county or state lines—think I-75 pile-ups involving out-of-state tourists—Florida’s conflict-of-laws rules may apply, but Florida courts typically retain jurisdiction if the injury occurred here or the defendant does business here.

Common Types of Personal Injury Cases in Florida

1. Motor-Vehicle Collisions

Motor-vehicle cases dominate Broward dockets. Even with No-Fault PIP, victims can step outside the system and sue if they suffer a “significant and permanent loss” or scarring, as defined by Fla. Stat. § 627.737(2).

2. Slip-and-Fall or Trip-and-Fall (Premises Liability)

Under Fla. Stat. § 768.0755, plaintiffs injured by a transitory foreign substance in a business must prove the owner had actual or constructive knowledge of the hazard. Surveillance video from Miramar’s many big-box retailers often becomes crucial evidence.

3. Medical Malpractice

Claims against Memorial Hospital Miramar or local clinics must follow Fla. Stat. § 766.106 pre-suit screening, and the statute of limitations may shorten to two years from when the injury should have been discovered, not from the date of treatment.

4. Product Liability

Florida allows strict liability claims against manufacturers whose defective products cause injury. Fla. Stat. § 95.031(2)(b) imposes a 12-year statute of repose for products with an expected useful life of 10 years or less.

5. Wrongful Death

Survivors may recover funeral expenses and lost support under Fla. Stat. § 768.19, with a two-year limitations period (Fla. Stat. § 95.11(4)(d)).

Florida Legal Protections & Injury Laws

Statute of Limitations

Meeting the deadline is critical. As of March 24, 2023:

• General negligence: 2 years – Fla. Stat. § 95.11(4)(a)
• Medical malpractice: 2 years from discovery but not more than 4 years from incident – Fla. Stat. § 95.11(4)(b)
• Wrongful death: 2 years – Fla. Stat. § 95.11(4)(d)

Minors or incapacitated adults may have tolling provisions under Fla. Stat. § 95.051, but tolling is limited to seven years for medical malpractice.

Comparative Fault Rule

Under Fla. Stat. § 768.81(6), Florida now follows a modified comparative negligence standard. If you are 51 percent at fault, you recover nothing; if 50 percent or less, your award is reduced proportionally.

No-Fault Insurance Requirements

Every owner of a Florida-registered motor vehicle must carry $10,000 in PIP coverage (Fla. Stat. § 627.736). To unlock those benefits you must:

• Seek qualified medical treatment within 14 days (Fla. Stat. § 627.736(1)(a)).
• Submit a sworn statement of lost wages and medical bills.

Damage Caps and Limitations

Punitive damages are capped at three times compensatory damages or $500,000, whichever is greater, in most cases (Fla. Stat. § 768.73(1)). There are no caps on economic or non-economic damages in general negligence cases after the Florida Supreme Court struck down medical-malpractice non-economic caps (Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014)).

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Care

Even if symptoms seem minor, visit an emergency department such as Memorial Hospital Miramar or an urgent care within 14 days to preserve your PIP claim and document injuries.### 2. Document the Scene

• Photograph injuries, property damage, and hazards.
• Collect contact info from witnesses. Under Fla. Stat. § 316.066, crash reports become public after 60 days, but witness statements captured early can be invaluable.

3. Notify Insurance Carriers Promptly

Florida policies typically require notice “as soon as practicable.” Late notice can void coverage.

4. Preserve Evidence

Keep medical bills, pay stubs, and repair estimates. Under Fla. R. Civ. P. 1.380, spoliation of evidence can lead to sanctions or adverse jury instructions.

5. Consult a Qualified Attorney

A licensed Florida attorney can evaluate comparative fault, liability insurance limits, and potential settlement value. Lawyer advertising in Florida is regulated by Rules 4-7.11 through 4-7.23 of the Rules Regulating The Florida Bar, ensuring you receive accurate information.

When to Seek Legal Help in Florida

You do not have to hire counsel, but several scenarios strongly favor doing so:

• Disputed liability—for example, a multi-vehicle crash on Miramar Parkway where fault is unclear.
• Severe or permanent injuries exceeding PIP limits.
• Commercial defendants such as trucking companies governed by federal safety regulations.

The Florida Bar requires attorneys to be in good standing and mandates trust-account rules that protect settlement funds. You may verify a lawyer’s license through the Florida Bar Lawyer Referral Service.## Local Resources & Next Steps

Medical Providers

• Memorial Hospital Miramar – 1901 Southwest 172nd Ave., Miramar
• Broward Health Pembroke Pines Urgent Care – 13695 Pines Blvd.

Court & Administrative Venues

• Broward County 17th Judicial Circuit – Civil filings over $50,000 go to Circuit Court, 201 SE 6th St., Fort Lauderdale.
• South Regional Courthouse – Handles county civil matters under $50,000; located in Hollywood, roughly 10 miles east of Miramar.

Government & Non-Profit Resources

• Broward County Consumer Protection – Assists with fraud and business-practice complaints.
• Florida Department of Financial Services – Offers a mediation program for certain auto-injury claims.

Checklist: Preparing for a Legal Consultation

• Police or incident report number.
• All medical records and bills.
• Insurance declarations pages.
• Photographs or video evidence.
• List of witnesses with contact information.

Having these documents ready allows your attorney to send a comprehensive demand letter under Fla. Stat. § 627.4137 and evaluate potential bad-faith exposure against the insurer.

Legal Disclaimer

This guide provides general information for Miramar, Florida residents and is not legal advice. Laws change, and your facts matter. Always 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.