Personal Injury Rights Guide – Sunrise, Florida

Introduction: Why Sunrise, Florida Residents Need a Focused Personal Injury Guide

Sunrise, Florida may be known for the iconic Sawgrass Mills Mall, the BB&T Center, and its easy access to the Everglades, but the city’s growth also means heavier traffic on the Sawgrass Expressway (SR 869), I-595, and local arteries such as Sunrise Boulevard. With more than 97,000 residents and thousands of daily commuters, accidents—from rear-end collisions to slip-and-falls at retail outlets—are unfortunately common. If you are searching online for a personal injury lawyer Sunrise Florida, you are already taking an important step to protect your rights. This evidence-based guide explains how Florida law—and Broward County procedures in particular—affect your potential claim. By the end, you will understand key statutes, filing deadlines, comparative negligence rules, and local resources that can help you pursue fair compensation.

Every statement in this article is grounded in authoritative sources, including the Florida Statutes, the Florida Rules of Civil Procedure, and published opinions of Florida courts. Where relevant, we link directly to primary legal texts or official agencies so that you can verify each point yourself.

Understanding Your Personal Injury Rights in Florida

The Legal Definition of Personal Injury

Under Florida law, a personal injury is any physical, psychological, or financial harm caused by another person’s negligent, reckless, or intentional conduct. Negligence requires proving four elements: duty, breach, causation, and damages (see Fla. Stat. § 768.81). Plaintiffs must demonstrate that the defendant owed a duty of care, breached that duty, and caused compensable injuries.

The Burden of Proof

Florida follows the civil standard of a "preponderance of the evidence," meaning the injured party must show that it is more likely than not (greater than 50%) that the defendant’s conduct caused the injury. Evidence typically includes medical records, police crash reports, surveillance footage, and eyewitness testimony.

Statute of Limitations

Effective March 24, 2023, House Bill 837 amended Fla. Stat. § 95.11(4)(a), shortening the statute of limitations for general negligence—including most personal injury claims—from four years to two years. If your accident occurred before March 24, 2023, you may still have the earlier four-year deadline. Missing the applicable deadline almost always bars recovery, so consult counsel promptly.

Comparative Negligence

Florida’s modified comparative negligence rule—codified in Fla. Stat. § 768.81—now prevents a plaintiff from recovering damages if they are found to be more than 50% at fault (medical malpractice claims are excepted). Otherwise, the court or jury will reduce the award in proportion to the plaintiff’s share of fault. For example, if you suffer $100,000 in damages but are 30% responsible, you may still recover $70,000.

Common Types of Personal Injury Cases in Florida

1. Motor Vehicle Collisions

Broward County ranked among the top three Florida counties for total crashes in the most recent Florida Department of Highway Safety and Motor Vehicles (FLHSMV) report. Busy corridors like SR 869 and Commercial Boulevard see frequent rear-end and side-impact collisions. Because Florida is a no-fault state, your own Personal Injury Protection (PIP) coverage—mandated by Fla. Stat. § 627.736—pays up to $10,000 in medical expenses and lost wages regardless of fault. To step outside the no-fault threshold and sue an at-fault driver, you must meet the serious injury standard in Fla. Stat. § 627.737 (e.g., significant and permanent loss of an important bodily function, permanent injury, significant scarring, or death).

2. Slip-and-Fall or Trip-and-Fall Accidents

Florida’s premises liability law requires property owners to maintain reasonably safe conditions. Under Fla. Stat. § 768.0755, a plaintiff injured in a business establishment must prove actual or constructive knowledge of a dangerous condition. Sunrise’s retail complexes—including Sawgrass Mills—owe specific duties to inspect and remedy hazards such as wet floors or uneven pavement.

3. Bicycle and Pedestrian Injuries

Sunrise has expanded its bike lanes along Sunset Strip and Oakland Park Boulevard, yet collisions remain common. Pedestrians and cyclists may be covered by PIP if they own a vehicle; otherwise, the at-fault driver’s PIP applies. Serious injuries often exceed PIP limits, making bodily injury liability and underinsured motorist (UM) coverage essential.

4. Nursing Home Neglect and Abuse

Florida has a large elderly population, and Broward County alone has dozens of assisted-living and skilled-nursing facilities. Claims often rely on Fla. Stat. §§ 400.022–400.023, which create a private cause of action for violation of residents’ rights. A mandatory pre-suit notice and 75-day investigative period apply.

5. Wrongful Death

The Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.21) allows personal representatives to seek damages for surviving family members. The statute of limitations is two years from the date of death (Fla. Stat. § 95.11(4)(e)).

Florida Legal Protections & Injury Laws

Mandatory Auto Insurance and PIP

Florida drivers must carry at least $10,000 in PIP and $10,000 in property damage liability (PDL). Bodily injury liability coverage is not mandatory but strongly recommended. Failure to maintain insurance can result in driver’s license suspension and financial exposure if you injure someone.

Damage Caps

Florida does not cap economic damages (medical bills, lost wages) in personal injury cases. Non-economic damages (pain and suffering) are also uncapped for most negligence actions after the Florida Supreme Court struck down med-mal caps in North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017). Punitive damages require proof of intentional misconduct or gross negligence under Fla. Stat. § 768.72 and are generally capped at three times compensatory damages or $500,000, whichever is greater.

Pre-Suit Requirements

• Medical Malpractice: A claimant must serve a Notice of Intent and obtain a corroborating expert affidavit (Fla. Stat. § 766.106).

• Nursing Home Claims: Written notice and a 75-day investigation period are mandated under Fla. Stat. § 400.0233.

Contingency Fee Regulation

The Florida Bar limits contingent fees in personal injury cases via Rule 4-1.5(f)(4)(B). For example, fees are capped at 33⅓% of any recovery up to $1 million if a case settles pre-suit, and 40% thereafter, unless reduced by written client consent.

Steps to Take After a Personal Injury in Florida

1. Seek Immediate Medical Attention

Under Fla. Stat. § 627.736(1)(a), you must obtain initial medical care within 14 days to qualify for PIP benefits. Sunrise residents often use HCA Florida Westside Hospital (nearby Plantation), Broward Health Coral Springs, or local urgent care clinics. Document every visit, symptom, and prescribed treatment.

2. Report the Incident

• Motor Vehicle Collision: Call 911. Broward Sheriff’s Office or Sunrise Police Department will create a crash report required for insurance claims (Fla. Stat. § 316.066).

• Premises Accident: Notify the property manager and request a copy of the incident report.

3. Collect Evidence

Take photos of the accident scene, vehicle damage, weather conditions, and visible injuries. Secure witness statements and contact details. Preservation of evidence is critical because Florida courts can impose sanctions for spoliation (see Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005)).

4. Notify Insurance Carriers

Under your policy, you must give prompt notice. Provide facts, not opinions. Do not agree to recorded statements or sign medical release forms without legal advice, as insurers may attempt to minimize payouts.

5. Track Damages

Maintain a journal of pain levels, missed workdays, and everyday activities affected by your injury. Save receipts for prescriptions, medical equipment, and mileage to appointments.

6. Consult a Qualified Attorney

Because Florida’s two-year negligence limitation can expire quickly, contacting a Sunrise accident attorney sooner rather than later protects your right to sue if negotiations fail.

When to Seek Legal Help in Florida

Indicators You Need Professional Representation

• Your injuries meet or exceed the PIP serious injury threshold.

• The insurer blames you for more than 50% of the accident.

• You face long-term medical treatment or disability.

• A governmental entity, such as the City of Sunrise, is involved (special notice requirements apply under Fla. Stat. § 768.28).

• The at-fault driver is uninsured or underinsured.

Choosing a Florida-Licensed Lawyer

Verify any attorney’s license and disciplinary record on the Florida Bar’s ‘Find a Lawyer’ portal. Look for membership in the Broward County Bar Association or board certification in Civil Trial Law. Schedule free consultations to assess experience with cases filed in Broward County’s Seventeenth Judicial Circuit.

Local Resources & Next Steps

Medical Providers Serving Sunrise Accident Victims

• HCA Florida Westside Hospital – 8201 W. Broward Blvd., Plantation

• Broward Health Coral Springs – 3000 Coral Hills Dr., Coral Springs

• Cleveland Clinic Florida – Weston Hospital – 2950 Cleveland Clinic Blvd., Weston

Courthouse and Clerk Information

Most personal injury actions arising in Sunrise are filed at the Broward County Courthouse (201 S.E. 6th Street, Fort Lauderdale). The Clerk of Courts offers online docket access and e-filing for attorneys.

Traffic & Accident Data

You can download crash statistics from the Florida Department of Highway Safety and Motor Vehicles via its Traffic Crash Facts portal to contextualize your claim.

Insurance Regulation

The Florida Office of Insurance Regulation (OIR) oversees insurers doing business in Florida. File complaints or verify company licenses on the OIR website.

Next Steps Checklist

• Confirm the statute of limitations date.

• Organize all medical and accident documentation.

• Request an insurance coverage disclosure under Fla. Stat. § 627.4137.

• Consult a personal injury lawyer Sunrise Florida residents trust.

• Avoid social media posts about your injuries.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and application to individual cases varies. Always consult a licensed Florida attorney for advice 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.