Personal Injury Lawyer Guide – Tamarac, Florida Rights

Introduction: Why Tamarac Residents Need a Local Personal Injury Guide

Tamarac, Florida may be known for its well-kept neighborhoods and proximity to Fort Lauderdale’s business hubs, but accidents still happen on busy corridors such as Commercial Boulevard, University Drive, and the Florida Turnpike. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) crash dashboard, Broward County recorded more than 41,000 traffic collisions in 2023 alone, with a significant share occurring in the northwest suburbs that include Tamarac. Slip-and-falls in local shopping centers like the Tamarac Town Square, boating injuries on the Intracoastal Waterway, and hurricane-related debris accidents also send residents to nearby medical facilities such as University Hospital and Medical Center on West McNab Road.

If you or a loved one were harmed due to someone else’s negligence, understanding your rights under Florida personal injury law can make the difference between fair compensation and an insurance denial. This comprehensive, evidence-based guide explains the statutes, procedures, and practical steps unique to Florida—while keeping a friendly focus on protecting injury victims in Tamarac.

Understanding Your Personal Injury Rights in Florida

1. The Legal Definition of Negligence

Under Florida common law and Fla. Std. Jury Instr. (Civ.) 401.4, negligence is the failure to exercise reasonable care, resulting in harm to another person. To prevail, an injury claimant generally must prove four elements: duty, breach, causation, and damages.

2. Statute of Limitations

Florida recently shortened most negligence limitations periods to two years. Fla. Stat. § 95.11(4)(a) (amended in 2023) now gives victims two years from the date of the accident to file suit for personal injuries. Missing this deadline usually bars the claim, so prompt action is critical.

3. Comparative Negligence

Florida follows a modified comparative negligence rule codified in Fla. Stat. § 768.81. If you are found more than 50% at fault, you cannot recover damages. If you are 50% or less at fault, your compensation is reduced by your percentage of responsibility. For example, a $100,000 verdict would be reduced to $70,000 if you are deemed 30% at fault.

4. No-Fault (PIP) Requirements

Florida is one of a handful of states with no-fault auto insurance. Under Fla. Stat. § 627.736, every registered driver must carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP pays 80% of medical bills and 60% of lost wages up to the policy limits, regardless of fault, but serious-injury thresholds (e.g., significant and permanent loss of bodily function) must be met before you can sue an at-fault driver for pain and suffering.

Common Types of Personal Injury Cases in Florida

1. Motor Vehicle Collisions

Traffic accidents remain the most frequent personal injury cases statewide. High-speed arteries like State Road 7 (US-441) and the Sawgrass Expressway see crashes that range from rear-end impacts to catastrophic tractor-trailer wrecks.

• Car Accidents: Often trigger PIP claims first, then bodily injury lawsuits if thresholds are met.

• Motorcycle Crashes: Riders are exempt from PIP, making liability claims essential.

• Truck Accidents: Governed by both Florida law and federal regulations (49 C.F.R. § 390-399).

2. Slip, Trip, and Fall Incidents

Businesses in Tamarac—such as grocery stores on West Commercial Boulevard—must maintain safe premises. Under Fla. Stat. § 768.0755, a claimant must show the property owner had actual or constructive knowledge of the dangerous condition (e.g., a wet floor) and failed to remedy it.

3. Medical Malpractice

Claims against doctors at facilities like Florida Medical Center involve presuit notice and a medical expert affidavit as required by Fla. Stat. § 766.106. The limitations period is generally two years from discovery but never more than four years from the incident (Fla. Stat. § 95.11(4)(b)).

4. Product Liability

Manufacturers can be held strictly liable when defective products—ranging from vape batteries to boat engines—cause injuries. Florida follows the risk-utility and consumer-expectation tests recognized in Aubin v. Union Carbide Corp., 177 So. 3d 489 (Fla. 2015).

5. Hurricane-Related Premises Liability

After severe weather, debris or downed power lines can create hazards. While no specific statute addresses hurricane liability, general negligence and premises laws still apply.

Florida Legal Protections & Injury Laws

1. Damage Caps

Florida has no caps on economic damages (medical expenses, lost income) in personal injury cases. Non-economic damages (pain and suffering) are also uncapped, except in certain sovereign immunity claims against state agencies, which are limited to $200,000 per person and $300,000 per incident under Fla. Stat. § 768.28.

2. Punitive Damages

Punitive damages may be awarded if the defendant’s conduct was intentional or grossly negligent, but they are capped at three times compensatory damages or $500,000, whichever is greater (Fla. Stat. § 768.73).

3. Attorney Licensing and Contingency Fees

All personal injury attorneys in Tamarac must be members in good standing of the Florida Bar. Contingency fee arrangements are governed by Rule 4-1.5(f) of the Rules Regulating the Florida Bar, which typically caps fees at 33⅓% of any pre-suit recovery up to $1 million.

4. Presuit Investigations and Settlement Conferences

The Florida Rules of Civil Procedure require a ‘good-faith’ investigation before filing (Rule 1.060). Many Broward County judges also mandate mediation before trial, consistent with Rule 1.700.

5. Wrongful Death Claims

Under Fla. Stat. § 768.21, personal representatives may recover damages for loss of support and companionship on behalf of survivors. The statute of limitations is two years (Fla. Stat. § 95.11(4)(d)).

Steps to Take After a Personal Injury in Florida

Seek Immediate Medical Care Visit University Hospital and Medical Center or another licensed provider within 14 days to preserve PIP eligibility under § 627.736. Report the Incident File a crash report with the Tamarac district of the Broward Sheriff’s Office or complete a Self-Report of Traffic Crash form if no officer responds. Document Everything Take photos of injuries, property damage, and hazardous conditions. Get witness names and contact information. Notify Your Insurer Florida policies require prompt notice; failure may void coverage. Preserve Evidence Do not repair your vehicle or discard defective products before an expert inspection. Track Expenses Keep receipts for co-pays, prescriptions, and out-of-pocket costs to prove economic damages. Consult a Qualified Personal Injury Lawyer Understanding comparative negligence, PIP offsets, and lien subrogation is complex; timely legal advice protects your rights.

When to Seek Legal Help in Florida

While minor injuries can sometimes be resolved directly with insurers, you should consider hiring a personal injury lawyer in Tamarac, Florida when:

• Your injuries meet or might meet the PIP serious-injury threshold (fractures, permanent scarring, surgery required).

• Fault is disputed and the other party or insurer blames you.

• You receive a quick settlement offer before completing medical treatment.

• Multiple parties (e.g., rideshare companies, governmental entities) may share liability.

• The accident involves commercial vehicles governed by federal or state regulations.

A seasoned tamarac accident attorney can investigate liability, negotiate with insurers, and file suit in the Seventeenth Judicial Circuit Court in Broward County if necessary.

Local Resources & Next Steps

Hospitals and Medical Facilities

• University Hospital and Medical Center – 7201 N. University Dr., Tamarac

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

• Florida Medical Center – 5000 W. Oakland Park Blvd., Fort Lauderdale

Government & Court Contacts

Broward County Clerk of Courts – File civil actions and access docket information. FLHSMV Crash Reports – Order official accident reports online. Florida Department of Health – Locate licensed medical providers for follow-up care.

Checklist for Tamarac Injury Victims

Use the following as a quick reference:

• Get medical treatment within 14 days.

• Obtain crash or incident report.

• Photograph scene and injuries.

• Notify insurer in writing.

• Consult a lawyer before giving recorded statements.

• File suit within two years if settlement fails.

Legal Disclaimer

This guide provides general information about florida personal injury law. It is not legal advice and does not create an attorney-client relationship. Always consult a licensed Florida attorney for advice on 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.