Personal Injury Rights Guide for North Miami, Florida

Introduction: Why Personal Injury Law Matters in North Miami

North Miami, Florida is a vibrant coastal city positioned between Miami and Fort Lauderdale. More than 60,000 residents share its busy roadways with commuters on Interstate 95, Biscayne Boulevard (US-1), and Dixie Highway (SR 909). Miami-Dade County crash data published by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) shows 63,227 traffic collisions county-wide in 2022—an average of 173 crashes every single day. Add crowded shopping centers along NE 123rd Street, boat traffic on Biscayne Bay, and seasonal hurricane threats, and injuries are unfortunately common. If you or a loved one has been hurt because someone else failed to act with reasonable care, Florida law may allow you to pursue compensation. This guide explains the legal rights and procedures that affect injury victims in North Miami. It cites controlling authority from the Florida Statutes, Florida court decisions, and the Florida Rules of Civil Procedure. While the information leans slightly toward protecting victims, it stays strictly factual and evidence-based. Use it as a starting point, then speak with a qualified personal injury lawyer north miami florida for case-specific advice.

Understanding Your Personal Injury Rights in Florida

What Constitutes a Personal Injury Claim?

In Florida, a personal injury claim typically arises when:

• Someone owed you a duty of care (e.g., drivers must follow traffic laws).

• They breached that duty by acting unreasonably or unlawfully.

• The breach caused your injury.

• You suffered provable damages—medical bills, lost wages, pain and suffering, or property loss.

These four elements stem from common-law negligence principles recognized in cases such as Carvalho v. Toll Bros., Inc., 990 So. 2d 548 (Fla. 3d DCA 2008). Proving all elements is essential for recovery.

Comparative Negligence: How Fault Affects Compensation

Florida follows a modified comparative negligence system codified in Florida Statutes § 768.81. If you are partly at fault, your damages are reduced by your percentage of responsibility. For example, if a jury awards $100,000 but finds you 20% at fault, you may recover $80,000. Under revisions effective March 24, 2023, an injured plaintiff who is more than 50% responsible cannot obtain noneconomic damages, except in medical malpractice claims.

The Statute of Limitations

The deadline to sue is generally four years from the date of the accident under Florida Statutes § 95.11(3)(a). Medical malpractice claims carry a two-year period (Fla. Stat. § 95.11(4)(b)), and wrongful death actions must be filed within two years (Fla. Stat. § 95.11(4)(d)). Filing after these limits almost always results in dismissal, so prompt action is critical.

Common Types of Personal Injury Cases in Florida

1. Motor Vehicle Collisions

Car, truck, motorcycle, bicycle, and pedestrian crashes dominate personal injury dockets. Florida’s No-Fault Insurance Law (Florida Statutes § 627.730–§ 627.7405) requires vehicle owners to carry at least $10,000 in Personal Injury Protection (PIP) benefits. PIP covers 80% of reasonable medical expenses and 60% of lost wages—regardless of fault—if treatment begins within 14 days (Fla. Stat. § 627.736).

2. Premises Liability (Slip and Fall)

Property owners in North Miami, from the Costco on Biscayne Boulevard to small boutique shops near the Museum of Contemporary Art, must keep their premises reasonably safe. When hazards like wet floors or broken handrails cause injuries, victims can pursue claims under premises liability principles established in Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001).

3. Medical Malpractice

Claims against hospitals such as Jackson North Medical Center or private providers must follow the stringent pre-suit screening procedures in Florida Statutes Chapter 766. An injured patient must provide a corroborating medical expert affidavit before filing suit.

4. Product Liability

Manufacturers, distributors, or retailers may be liable for defective products that injure consumers. Florida follows the doctrine of strict liability for unreasonably dangerous products, as recognized in West v. Caterpillar Tractor Co., 336 So. 2d 80 (Fla. 1976).

5. Boating & Watersport Accidents

Biscayne Bay’s popularity for boating, jet-skiing, and diving brings unique risks. Boat operators must follow U.S. Coast Guard navigation rules and Florida’s boating regulations (Fla. Stat. Chapter 327). Negligent operation can support injury claims in state or federal court.

Florida Legal Protections & Injury Laws

No-Fault/PIP Threshold for Lawsuits

PIP benefits apply first, but victims can step outside the no-fault system and sue an at-fault driver if they suffer:

• Significant and permanent loss of an important bodily function;

• Permanent injury within a reasonable degree of medical probability;

• Significant and permanent scarring or disfigurement; or

• Death.

These criteria are defined in Florida Statutes § 627.737(2).

Damage Caps

• Medical Malpractice: Non-economic damages are capped at $500,000 per claimant against practitioners and $750,000 against non-practitioner entities (but see North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017), which struck down statutory caps in personal injury malpractice cases as unconstitutional).

• Sovereign Immunity: Suits against state or local government entities are limited to $200,000 per person and $300,000 per incident, unless the legislature passes a claims bill (Fla. Stat. § 768.28).

Attorney’s Fees & Contingency Agreements

Most North Miami accident attorneys handle cases on a contingency-fee basis, regulated by the Florida Bar Rules of Professional Conduct (Rule 4-1.5(f)). Clients typically pay no fees unless there is a recovery. Fee percentages are capped according to the sliding scale in Rule 4-1.5(f)(4)(B).

Steps to Take After a Personal Injury in Florida

1. Get Immediate Medical Attention

For auto cases, seek treatment within 14 days to preserve PIP benefits (Fla. Stat. § 627.736(1)(a)). Nearby facilities include Jackson North Medical Center (Hialeah) and Mount Sinai Medical Center Aventura.

2. Report the Accident

• Traffic crashes involving injury, death, or $500+ in damage must be reported to law enforcement under Fla. Stat. § 316.066.

• Slip-and-fall incidents should be documented with store management or property owners.

• Boating accidents causing injury or property damage over $2,000 must be reported to the Florida Fish and Wildlife Conservation Commission (Fla. Stat. § 327.301).

3. Preserve Evidence

Take photographs, gather witness names, keep damaged property, and maintain a journal of pain levels and medical visits. Under Florida’s spoliation of evidence doctrine (Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005)), destroying evidence can lead to sanctions.

4. Notify Insurers but Beware of Recorded Statements

PIP claims require prompt notice. However, you are not legally obligated to give a recorded statement to the other party’s insurer. Consult a north miami accident attorney before doing so.

5. Consult a Licensed Florida Attorney

The Florida Bar lists all attorneys in good standing. Verify licensure at Florida Bar Member Search.

When to Seek Legal Help in Florida

You should contact a personal injury lawyer north miami florida if:

• You suffered injuries that meet the PIP threshold or require long-term care.

• The other party disputes fault or alleges you were primarily responsible.

• An insurance carrier denies, delays, or undervalues your claim.

• Evidence needs preservation via subpoenas or expert analysis.

• You face government defendants or complex medical malpractice pre-suit rules.

Florida attorneys can issue subpoenas (Fla. R. Civ. P. 1.410), conduct depositions, and negotiate liens to maximize your net recovery.

Local Resources & Next Steps

Emergency & Medical Facilities

• Jackson North Medical Center – 160 NW 170th St., North Miami Beach

• University of Miami Health System – Biscayne outpatient clinics

• Urgent Care centers on Biscayne Blvd. and NE 123rd St.

Law Enforcement & Accident Reports

• North Miami Police Department – 700 NE 124th St., North Miami; obtain crash reports within 10 days (Fla. Stat. § 316.066).

FLHSMV Crash Portal – Order statewide crash reports online.

Court Venues

Personal injury lawsuits originating in North Miami are generally filed in the Eleventh Judicial Circuit Court, Miami-Dade County, located at 73 W. Flagler St., Miami. Claims under $50,000 may proceed in County Court; larger claims belong in Circuit Court.

Consumer & Victim Assistance

Florida Attorney General's Victim Services FDLE Victim Rights

Frequently Asked Questions

How long do I have to see a doctor after a car accident?

Fourteen (14) days if you want PIP coverage (Fla. Stat. § 627.736). You can still sue later, but insurance may refuse PIP benefits if you miss the deadline.

Can I recover pain and suffering if I was partly at fault?

Yes—so long as your share of responsibility is 50% or less per Fla. Stat. § 768.81. Your damages will be reduced by your percentage of fault.

What if the at-fault driver is uninsured?

You may tap uninsured/underinsured motorist (UM) coverage under your own policy, or sue the individual personally. UM claims have the same statute of limitations (four years) as negligence claims.

Do I need an attorney for small claims?

For disputes under $8,000 you may file in Miami-Dade County Small Claims Court, but legal counsel can still be beneficial, especially if the opposing party has representation.

Legal Disclaimer

This guide provides general information for educational purposes only. It is not legal advice. Laws may change, and facts vary by case. You should consult a licensed Florida attorney to obtain advice specific to your 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.