Florida Personal Injury Law Miami Guide: Know Your Rights

Estimated read time: 10 min read

Introduction: Why Miami Residents Must Understand Florida Personal Injury Law

Miami’s vibrant streets, bustling ports, and year-round tourism also mean a high volume of accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County consistently ranks first in total crashes statewide. From car collisions on I-95 to boating mishaps on Biscayne Bay, residents and visitors alike face real risks. When someone else’s negligence causes your injury, understanding Florida personal injury law in Miami is crucial to securing fair compensation for medical bills, lost wages, and pain and suffering.

This guide—written from a pro-victim perspective—covers:

• Florida’s statute of limitations (generally two years for negligence claims filed after March 24, 2023, per Fla. Stat. § 95.11).

• The state’s pure comparative negligence rule and how it affects settlement value.

• Mandatory Personal Injury Protection (PIP) requirements and strategies for maximizing benefits.

• Actionable steps after auto, slip-and-fall, boating, workplace, product defect, or wrongful-death incidents.

• Local resources—courthouses, hospitals, and free legal aid—specific to Miami.

If you or a loved one has been hurt, Louis Law Group is ready to fight for your rights. Call 833-657-4812 now for a free case evaluation.

Understanding Florida Personal Injury Law

1. Statute of Limitations in Florida

Time limits are unforgiving. For negligence-based claims (auto accidents, premises liability, etc.) arising after March 24, 2023, Fla. Stat. § 95.11(4) reduces the filing deadline from four years to two years. Wrongful-death actions remain two years. Product liability cases are typically two years from the injury discovery date. Suing the State of Florida requires a pre-suit notice under Fla. Stat. § 768.28 and must be filed within three years (two for wrongful death).

2. Pure Comparative Negligence

Florida follows a modified comparative negligence system (2023 tort reform), barring recovery if a plaintiff is >50% at fault (Fla. Stat. § 768.81). If you are 30% liable, your damages fall by 30%. Skilled counsel can rebut defense arguments that exaggerate your share of blame.

3. No-Fault & PIP Requirements

Florida drivers must carry $10,000 in PIP and $10,000 in property-damage liability (Fla. Stat. § 627.736). PIP pays 80% of reasonable medical expenses and 60% of lost wages, regardless of fault, but you must seek medical care within 14 days. Lawsuits outside the no-fault system require a “serious injury” threshold—significant and permanent loss of function, disfigurement, or scarring.

4. Damages Available

• Economic: Medical bills, rehab, lost earnings, future care.

• Non-economic: Pain, suffering, emotional distress.

• Punitive: Rare; capped at 3× compensatory damages or $500,000 (Fla. Stat. § 768.73), used to punish egregious conduct.

Common Types of Personal Injury Cases in Miami

A. Auto & Rideshare Accidents

With more than 61,000 crashes in 2023 (FLHSMV), Miami-Dade leads Florida. Victims may file PIP claims first, then pursue bodily-injury coverage from the at-fault driver or rideshare carrier (Uber/Lyft have $1 million liability policies when a ride is in progress).

Elements to Prove

• Duty: All motorists owe a duty of care.

• Breach: Speeding, texting, or DUI.

• Causation: Breach directly caused injury.

• Damages: Document medical and financial losses.

B. Slip-and-Fall & Premises Liability

Under Fla. Stat. § 768.0755, a business must have actual or constructive knowledge of a dangerous condition (e.g., wet floor) and fail to correct it. Surveillance footage, incident reports, and witness statements are vital evidence.

C. Boating & Watercraft Accidents

Florida tops the nation in boating accidents. Federal maritime law can apply, but state negligence standards often govern nearshore incidents in Biscayne Bay or along the Miami River.

D. Workplace Injuries

Most employees rely on Florida Workers’ Compensation (Chapter 440). However, if a third party—such as a negligent subcontractor—caused the harm, you may file a separate personal injury lawsuit for additional damages unavailable under workers’ comp.

E. Defective Products

Claims may allege defective design, manufacturing, or failure to warn. Florida has adopted the Third Restatement’s risk-utility test, and manufacturers can be strictly liable under Fla. Stat. § 768.81(d).

F. Wrongful Death

Under Fla. Stat. § 768.21, the personal representative may recover on behalf of survivors for lost support, companionship, and funeral expenses. The statute of limitations is two years from date of death.

Florida Legal Protections & Recent Court Rulings

Medical Malpractice Caps

Florida once capped non-economic damages at $500,000 for practitioners and $1 million for catastrophic cases. In Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014), the Florida Supreme Court struck down caps in wrongful-death malpractice claims as unconstitutional. Today, noneconomic caps generally do not apply, though legislative changes are continually proposed.

Sovereign Immunity Limits

Under Fla. Stat. § 768.28, claims against state or local entities are limited to $200,000 per person, $300,000 per incident, unless the legislature approves a claims bill.

Recent Tort Reform (HB 837, 2023)

• Shortened negligence statute of limitations to two years.

• Shift from pure to modified comparative negligence (bar at 51%).

• Changes to evidence of medical damages—only amounts actually paid may be presented.

Immediate Steps to Protect Your Claim

1. Seek Medical Attention Within 14 Days

PIP will deny benefits if you miss the 14-day treatment window. Even minor pain can mask serious injuries—document every visit.

2. Report the Accident

• Auto: Call 911 if anyone is hurt or property damage exceeds $500. Obtain the Florida Traffic Crash Report.

• Slip-and-Fall: Notify store management; request an incident report.

• Boating: Report to the Florida Fish and Wildlife Conservation Commission if injuries require medical attention beyond first aid.

3. Preserve Evidence

• Photograph vehicles, hazards, and injuries.

• Collect witness contact info.

• Save pay stubs and medical bills.

• Keep a pain journal.

4. Notify Insurance Carriers—but Limit Statements

Provide basic facts only. Decline recorded statements until you consult a Miami accident attorney.

5. Consult a Personal Injury Lawyer Promptly

Early legal counsel safeguards evidence, meets deadlines, and counters aggressive insurers. Louis Law Group offers free consultations at 833-657-4812.

When to Seek Legal Help in Florida

While some fender-benders resolve through PIP, you should hire counsel when:

• You sustained permanent injury, scarring, or required surgery.

• The insurer delays or denies payment.

• Liability is disputed or multiple parties are involved.

• A government entity or rideshare company is a defendant.

• You lost a loved one and face funeral costs or lost household income.

Louis Law Group has recovered millions for Floridians. Our attorneys leverage local experts, negotiate aggressively, and, if necessary, litigate before juries in Miami-Dade Circuit Court.

Local Resources & Next Steps for Miami Victims

Florida Department of Highway Safety and Motor Vehicles – Crash reports, driver services. Florida Department of Financial Services – Insurance consumer helpline and claim mediation. Florida Statutes Online – Full text of §§ 95.11, 768.28, 768.81, and more. Dade Legal Aid/Put Something Back – Pro bono assistance for low-income residents.

• Miami-Dade County Courthouse: 73 W Flagler St, Miami, FL 33130.

Next Step: Contact an attorney before evidence disappears or insurers lowball your claim. If you’ve been injured in Florida, call Louis Law Group at 833-657-4812 for a free case evaluation today.

Legal Disclaimer: This guide provides general information and is not legal advice. Every case is unique; consult a licensed Florida attorney to discuss your specific circumstances. Louis Law Group’s principal office is in Miami, Florida, and its lawyers are admitted in Florida courts.