Personal Injury Lawyer Guide – North Miami, Florida

Introduction: Personal Injuries in North Miami, Florida

North Miami sits at the busy crossroads of Biscayne Boulevard, Interstate 95, and State Road 826. The city’s mix of year-round tourism, dense local traffic, boating along Biscayne Bay, and seasonal hurricane activity means that accidents—and the injuries that follow—are an unfortunate reality for residents, commuters, and visitors alike. According to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County reported more than 63,000 traffic crashes in 2023, thousands of which occurred within or near the North Miami city limits. Slip-and-falls inside heavily visited shopping plazas such as Biscayne Commons, collisions along NE 123rd Street, and water-related incidents at Haulover Inlet routinely send people to local medical facilities like North Shore Medical Center and Jackson North Medical Center.

If you or a loved one has suffered harm in North Miami, understanding Florida’s personal injury framework is crucial. This guide explains your rights, relevant Florida statutes, critical deadlines, and the specific steps you can take to protect your health and legal claim. While the information is designed to slightly favor injury victims, it remains strictly factual and sourced from authoritative materials such as the Florida Statutes, Florida Rules of Civil Procedure, and opinions from Florida appellate courts.

Understanding Your Personal Injury Rights in Florida

The Legal Foundation

Florida’s personal injury law is primarily governed by Chapter 768 of the Florida Statutes. Section 768.13 codifies the “Good Samaritan Act,” while Section 768.81 sets forth Florida’s pure comparative negligence rule—an injured person’s damages are reduced by their percentage of fault. Additionally, Section 95.11(3)(a) establishes a four-year statute of limitations for most negligence actions, meaning you generally have four years from the date of injury to file suit. However, medical malpractice actions are subject to the two-year limitations period under Section 95.11(4)(b).

Victims also benefit from Florida’s broad definition of compensable damages, which can include: medical expenses (past and future), lost wages, diminished earning capacity, property damage, pain and suffering, emotional distress, and loss of consortium. The Florida Supreme Court in Joerg v. State Farm Mutual Automobile Insurance Co., 176 So. 3d 1247 (Fla. 2015), clarified that injured plaintiffs may introduce evidence of future Medicare benefits to establish the reasonable value of future medical expenses—an example of the court’s victim-protective stance.

No-Fault Insurance & PIP Benefits

Florida is a no-fault auto insurance state. Under Section 627.736 of the Florida Statutes, every motorist is required to carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 for medical expenses and lost wages regardless of fault. You must seek initial medical treatment within 14 days to preserve your PIP benefits (sometimes referred to as the “14-day rule”). While PIP pays first, you may still pursue a bodily injury claim against an at-fault driver if you suffer a “serious injury” as defined in Section 627.737(2).

Comparative Negligence in Practice

Florida’s pure comparative negligence doctrine allows recovery even if you are 99 percent at fault for the accident; your award is simply reduced by your percentage of fault. For example, if a jury awards $100,000 in damages but assigns you 20 percent of the blame, you may still recover $80,000. This differs from modified comparative negligence jurisdictions that bar recovery above 50 percent fault.

Common Types of Personal Injury Cases in Florida

1. Motor Vehicle Accidents

Motor vehicle collisions—cars, trucks, motorcycles, and rideshare vehicles—compose the majority of personal injury litigation in Miami-Dade County. Busy corridors such as I-95 and Biscayne Boulevard see daily rear-end crashes, T-bone accidents, and pedestrian strikes. In addition to PIP claims, severely injured victims often pursue third-party liability against negligent drivers or even roadway maintenance entities under Section 768.28 (Florida Waiver of Sovereign Immunity) if a dangerous road condition caused or contributed to the crash.

2. Premises Liability & Slip-and-Falls

Property owners in Florida owe lawful visitors a duty to keep premises reasonably safe. Section 768.0755 addresses transitory foreign substances in business establishments, shifting the burden to plaintiffs to prove that a store or restaurant “had actual or constructive knowledge” of a dangerous condition. Evidence such as surveillance video, incident reports, or testimony from store employees at North Miami retail centers like Keystone Plaza often becomes pivotal.

3. Boating & Watercraft Injuries

With proximity to Biscayne Bay, personal watercraft rentals and private boat operators must comply with Florida Fish and Wildlife Conservation Commission regulations. Collisions, propeller strikes, and insufficient safety equipment lead to claims based on negligence per se and maritime law principles.

4. Bicycle & Pedestrian Accidents

North Miami’s high foot and bicycle traffic around Florida International University’s Biscayne Bay Campus increases the risk of roadway injuries. Under Section 316.130, motorists must exercise due care to avoid striking pedestrians and give at least three feet of clearance when passing bicycles (§316.083).

5. Dog Bites

Florida imposes strict liability on dog owners under Section 767.04. An injured person does not need to prove the dog’s prior viciousness; ownership and a bite on public property (or lawfully on private property) are usually enough to impose liability.

6. Hurricane-Related Injuries

Hurricane debris, power outages, and unsafe post-storm conditions frequently cause injuries. Claims may involve negligent maintenance of trees, failing to secure construction sites, or insurance bad-faith practices under Section 624.155.

Florida Legal Protections & Injury Laws

Statute of Limitations

• General Negligence: 4 years – §95.11(3)(a)

• Medical Malpractice: 2 years – §95.11(4)(b), with a possible additional 2-year discovery period but never more than 4 years from the act unless fraud, concealment, or misrepresentation applies.

• Wrongful Death: 2 years – §95.11(4)(d)

• Claims Against Government Entities: Pre-suit notice within 3 years and lawsuit after 6-month investigation – §768.28(6)

Damage Caps & Sovereign Immunity

Florida places no caps on economic or non-economic damages in standard negligence or product-liability cases. Medical malpractice non-economic caps were held unconstitutional by the Florida Supreme Court in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014). However, claims against state or local government defendants remain capped at $200,000 per person and $300,000 per incident unless the legislature approves a claims bill (§768.28(5)).

Attorney Licensing & Contingency Fees

All Florida personal injury lawyers must be members in good standing with The Florida Bar and adhere to the Rules Regulating The Florida Bar, including Rule 4-1.5 on contingency fees. A typical contingency agreement in personal injury matters may not exceed 33⅓ percent of any settlement up to $1 million before filing a lawsuit, although sliding scales apply once litigation commences.

Evidence & Discovery Rules

The Florida Rules of Civil Procedure (particularly Rules 1.280 through 1.370) govern discovery. Florida’s 2023 amendment to the summary judgment standard, aligning it with federal Rule 56, allows courts to dispose of unmeritorious defenses or claims earlier, impacting strategic considerations for victims and defendants alike.

Steps to Take After a Personal Injury in Florida

1. Prioritize Medical Treatment

Seeking immediate care at facilities like Jackson North Medical Center or Mount Sinai Medical Center not only protects your health but also documents causation and damages—vital elements in any claim. Remember the 14-day window for PIP benefits under §627.736.

2. Report the Incident

• Auto Accidents: Call law enforcement. Under §316.066, crashes involving injury must be reported, and officers must file a written crash report.

• Slip-and-Fall: Notify the store or property manager and obtain a written incident report.

• Boating Accident: Report to the Miami-Dade Police Marine Patrol or the Florida Fish and Wildlife Conservation Commission within 48 hours if injury occurs (Florida Statute §327.301).

3. Preserve Evidence

Photograph the scene, property damage, and visible injuries; secure surveillance footage before it is overwritten; collect witness names and contact information; and retain medical bills and records. Florida courts routinely admit smartphone photos under Florida Evidence Code §90.901 when properly authenticated.

4. Avoid Pre-Judgment Statements

Statements made to insurers can be used to minimize your claim. Florida Administrative Code Rule 69O-166.031 requires insurers to promptly investigate and attempt fair settlement, but adjusters often seek recorded statements to reduce liability. You are not legally compelled to give a recorded statement to the at-fault party’s insurer.

5. Calculate Damages

Under §768.76, collateral source payments (like health insurance) can reduce recoverable damages, but plaintiffs are entitled to the gross amount of medical bills before contractual write-offs per Joerg. A knowledgeable attorney can itemize economic and non-economic damages consistent with Florida Standard Jury Instructions 501 and 502.

When to Seek Legal Help in Florida

Complex Injuries or Liability Disputes

Catastrophic harm—traumatic brain injury, spinal cord damage, or wrongful death—requires in-depth knowledge of future medical costs and life-care planning. Disputed liability, multiple defendants, or allegations of comparative fault also signal the need for counsel.

Statute of Limitations Is Approaching

Waiting until the eve of the four-year deadline (or two-year deadline in medical malpractice) risks fatal procedural errors. Rule 1.050 of the Florida Rules of Civil Procedure requires proper service within 120 days after filing or dismissal without prejudice.

Government or Corporate Defendants

Claims against governmental agencies or large corporations often involve pre-suit notice requirements, self-insured retention layers, and aggressive defense counsel. Section 768.28(6) mandates specific written notice to the Department of Financial Services and the involved agency before filing suit.

Local Resources & Next Steps

Medical Facilities Serving North Miami

• Jackson North Medical Center – 160 NW 170th Street, North Miami Beach (Level II Trauma Center)

• North Shore Medical Center – 1100 NW 95th Street, Miami

• Mount Sinai Medical Center – 4300 Alton Road, Miami Beach

Court Venues

Most North Miami personal injury lawsuits are filed in the Eleventh Judicial Circuit Court of Florida (Miami-Dade County), civil division, located at 73 West Flagler Street, Miami. Claims under $50,000 may proceed in County Court, while cases against out-of-state defendants can be removed to the United States District Court for the Southern District of Florida in downtown Miami.

Helpful Government & Non-Profit Links

Florida Department of Agriculture and Consumer Services – Consumer Resources Florida Bar Consumer Guide to Personal Injury Protection (PIP) Florida Department of Health – Injury Prevention

Checklist for North Miami Injury Victims

• Obtain emergency or urgent care within 14 days.

• Gather police or incident reports and photographs.

• Notify your own PIP carrier promptly.

• Track all expenses and missed workdays.

• Consult a licensed Florida personal injury lawyer before signing releases.

Legal Disclaimer

The information in this guide is for educational purposes only and does not constitute legal advice. Laws and regulations change; consult a licensed Florida attorney for advice regarding your particular 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.