Miami Personal Injury Lawyer
The crash happened on a Miami road you drive every week, or the fall happened in a store you have shopped in for years, and now there are medical appointments, a damaged car, and an insurance adjuster calling for a recorded statement. Spencer Morgan Law handles Miami personal injury claims for people hurt in car and truck crashes, falls, workplace accidents, boating and maritime incidents, rideshare and bicycle collisions, and medical malpractice, and the firm serves injury victims across Miami, the greater Miami area, and the State of Florida.
Florida’s rules changed in 2023 in ways that directly affect what an injured person can recover, and most people searching this term do not know about them. The deadline to sue for ordinary negligence was cut from four years to two. A person found more than half at fault for their own injuries can now recover nothing. And Florida’s no-fault insurance system still controls the first $10,000 of your medical bills after a car crash, but only if you get to a provider fast enough.
Those three rules shape almost every Miami injury claim, so they come up repeatedly below, alongside what to do in the first days, how Miami-Dade’s court system handles these cases, and what the firm has recovered for clients.
What to Do in the Days After a Miami Injury
Get medical care first, and do it quickly. If you were in a car crash, Florida’s personal injury protection coverage pays nothing for medical treatment unless you receive initial care within 14 days of the collision. Even when you do, the full $10,000 in PIP benefits is available only if a qualified provider (a physician, dentist, physician assistant, or advanced practice registered nurse) determines you had an emergency medical condition. Without that determination, PIP benefits stop at $2,500. PIP covers 80 percent of medical expenses and 60 percent of lost wages regardless of who caused the crash, so use it, but understand that it is a floor and not the value of your claim.
Report the incident. For a crash, that means the responding police agency, whether Miami police, Miami-Dade police, or the Florida Highway Patrol on the expressways. For a fall in a store, mall, or apartment complex, ask a manager to document it in writing and ask for a copy. If you were hurt at work, tell your employer as soon as you can and no later than 30 days after the injury, or the workers’ compensation claim can be denied. Once the employer knows, it has seven days to report the injury to its insurer.
Photograph everything before it changes: the intersection, the spill, the broken stair, the vehicle damage, your visible injuries. Get names and numbers of witnesses. Keep every bill, every pharmacy receipt, and every note about missed work. Then be careful about what you say to insurers. You owe your own carrier cooperation, but the other side’s adjuster is building a file, and a casual remark that you are “feeling okay” can be quoted back to you months later. Decline recorded statements until you have spoken with a lawyer.
Pay attention to how your treatment is arranged. Florida law now requires injured people to disclose any letter of protection, meaning an arrangement where a provider treats you in exchange for payment out of a future settlement or judgment, along with who referred you to that provider, before claiming those medical expenses. The law also lets the other side present evidence of what your health insurance would have paid. How your care is funded can change how your medical bills are valued, so raise it early with your attorney.
Most civil injury lawsuits in Miami-Dade are filed in the Eleventh Judicial Circuit, the largest circuit in the state. Claims above $50,000 are heard in the circuit civil division, with cases at the Soto Miami-Dade Justice Center in downtown Miami, while smaller auto negligence and PIP disputes can land in county civil courts that sit at several locations around the county, including Coral Gables, Hialeah, Miami Beach, and the north and south Dade justice centers. Appeals go to the Third District Court of Appeal, which sits in Miami.
Injury Cases We See Across Miami
- Automobile Accidents: Rear-end collisions on I-95, the Palmetto, and the Dolphin Expressway, intersection crashes on busy surface roads, and hit-and-runs. Because Florida is a no-fault state, your own PIP coverage pays first, and a claim against the at-fault driver opens up when injuries are serious enough and the damages exceed what PIP covers.
- Semi-Truck and Commercial Vehicle Crashes: Miami’s port, airport, and warehouse corridors keep heavy trucks on local roads. These cases can involve the driver, the trucking company, and a cargo or maintenance contractor, each with separate insurance.
- Slips, Trips, and Falls: Supermarkets, retail stores, parking lots, restaurants, malls, and apartment complexes, including falls caused by uneven flooring, stairways, spills, and construction hazards. These claims turn on what the property owner knew or should have known and how long a hazard sat there.
- Rideshare Accidents: Passengers, other drivers, and pedestrians hurt in Uber or Lyft trips face layered insurance that depends on whether the driver was logged in, waiting for a ride, or carrying a passenger.
- Bicycle, Scooter, and Pedestrian Collisions: Riders and walkers in Miami’s dense neighborhoods are hit by drivers who turn without looking or open doors into bike lanes. Injuries are often serious even when the car barely looks damaged.
- Boating, Watercraft, and Maritime Accidents: Biscayne Bay, the Miami River, and the waters off the coast generate collisions, passenger injuries, and crew claims that can fall under maritime law with its own rules and deadlines.
- On-the-Job Injuries: Construction sites, hotels, event venues, and warehouses produce workers’ compensation claims, and sometimes a separate claim against a negligent third party who was not your employer.
- Medical Malpractice and Nursing Facility Neglect: Hospital errors, missed diagnoses, surgical mistakes, and improper patient transfers, with their own pre-suit process and tighter deadlines.
- Negligent Security: Assaults and robberies at apartment complexes, convenience stores, and parking areas where the owner skimped on lighting, locks, cameras, or guards.
Why Choose Spencer Morgan Law for a Miami Injury Claim
The firm takes cases on a contingency basis: you do not pay unless there is a recovery, and consultations are confidential. Spanish-language services are available for clients who are more comfortable in Spanish.
The results the firm has published span the kinds of cases Miami residents actually bring. They include a $1,000,000 semi-truck crash recovery, a $1,000,000 auto accident settlement, an $850,000 slip and fall settlement, and an $800,000 maritime accident recovery. They also include many policy limits recoveries in car cases, including one involving three insurance policies, and a result against a rehabilitation center for a negligent patient transfer. Not every claim is a seven-figure case; the firm also lists settlements in the $50,000 to $300,000 range for falls, rideshare collisions, bicycle accidents, and surgery cases, which is where most injuries land. Each outcome depends on its own facts, and past results do not guarantee a similar one.
Client reviews return to the same themes: prompt answers to calls and emails, every step of the case explained, and a team that treats people with care during a hard time. One client described how Mr. Morgan spoke to the insurance representative with both force and persistence; another credited the staff for organizing medical care within a day of their accident. The firm also helps with the practical wreckage that follows an injury, such as getting vehicles repaired, securing fair reimbursement for total losses, resolving medical bills, and arranging needed treatment.
Fault, Deadlines, and Damages Under Florida Law
The two-year deadline is the one that catches people. For negligence claims that arose on or after March 24, 2023, you generally have two years to file suit; claims that arose before that date keep the older four-year period. Other deadlines differ. Medical malpractice runs two years from discovery with an outer limit of four years, and a pre-suit notice process that pauses the clock during a 90-day investigation period. Wrongful death claims generally must be filed within two years of the death. Workers’ compensation has its own petition deadlines, and claims against government entities require written notice before suit and carry damage caps of $200,000 per person and $300,000 per incident absent a legislative claim bill.
Fault matters more than it used to. Florida now bars recovery entirely when you are found more than 50 percent responsible for your own injuries. At 50 percent or less, your damages are reduced by your share. That bar does not apply to medical malpractice claims. Each defendant also pays only its own percentage of fault, so evidence that shifts responsibility, such as a trucking company’s maintenance records, a store’s inspection logs, or surveillance video, can change the outcome.
Negligent security cases have their own rules. Owners of apartment buildings with five or more units who substantially follow the statutory security requirements, including a crime-prevention assessment no more than three years old, receive a presumption against liability, and the owner carries the burden of showing compliance. Fault is also apportioned to the criminal who committed the act. Convenience stores that follow statutory security measures can claim a similar presumption, though evidence can overcome it. Alcohol cases are narrower still: Florida holds liquor licensees liable only in limited situations, such as knowingly serving a minor or a habitual alcoholic, and does not extend that liability to social hosts.
Questions Miami Injury Victims Ask
How long do I have to file a personal injury lawsuit in Florida?
For most negligence claims that arose on or after March 24, 2023, the limit is two years. Earlier claims keep the four-year period. Medical malpractice, wrongful death, workers’ compensation, and government claims follow different clocks, so do not assume two years fits your situation.
Do I need a lawyer for a minor car accident in Miami?
Not every fender-bender needs one, but injuries that seem minor on day one often are not. The firm has recovered six-figure settlements in cases involving minimal vehicle damage and in cases involving surgery months after the crash. A consultation costs nothing, and the firm only collects a fee if there is a recovery.
What does Florida’s no-fault insurance actually cover?
PIP pays 80 percent of medical expenses and 60 percent of lost wages up to $10,000 combined, regardless of fault, plus a $5,000 death benefit. You must seek initial care within 14 days, and the full amount requires an emergency medical condition determination. Otherwise the cap is $2,500.
What if I was partly at fault?
If you were 50 percent or less at fault, you can still recover, but your award is reduced by your percentage. If a court finds you more than 50 percent at fault, you recover nothing in most negligence cases. Insurers know this and push fault arguments hard.
Will a lawyer take my case if I cannot pay upfront?
Yes. Spencer Morgan Law represents injury clients on a contingency basis, so you pay nothing unless the firm recovers money for you.
Can I recover if the other driver has no insurance or too little?
Possibly, through your own uninsured or underinsured motorist coverage if you carry it. The firm has handled many policy limits cases and hit-and-run claims, so reviewing every available policy, yours included, is part of the early work.
What is a letter of protection and could it hurt my claim?
It is an arrangement where a provider treats you now in exchange for payment from your eventual settlement. Under Florida’s current law, you must disclose it and any referral source before claiming those expenses, and the other side may present evidence of what the provider’s right to payment was sold for. It is not automatically harmful, but it needs to be handled carefully.
I was hurt at work. Can I sue my employer?
Generally workers’ compensation is your remedy against your employer. But if someone else caused the injury, such as a subcontractor, equipment maker, or negligent driver, you may have a separate claim against that party in addition to workers’ compensation benefits.
Can I sue Miami-Dade County or a city for an injury?
Yes, but government claims are limited. You must present a written claim before suing, the agency has about 180 days to respond, and damages are capped at $200,000 per person and $300,000 per incident, with no punitive damages. Anything higher requires the Legislature to pass a claim bill.
How long will my case take?
It depends on the severity of your injuries, whether liability is disputed, and whether the insurer will pay fairly without a lawsuit. Many clients do not settle until they reach maximum medical improvement, because settling before you know your future treatment needs can leave you underpaid. One client described waiting about a year for a strong resolution.
Does Florida cap pain and suffering damages?
In ordinary injury cases there is no general cap. In medical malpractice, the statutory caps on noneconomic damages were struck down by the Florida Supreme Court, so there is no enforceable cap in litigation there either.
Miami Personal Injury Representation Across South Florida
Spencer Morgan Law represents injury victims throughout Miami-Dade County and the greater Miami area, from Downtown, Brickell, Wynwood, Little Havana, and Coconut Grove through Coral Gables, Pinecrest, South Miami, and Kendall. The firm also serves clients in Doral, Hialeah, Miami Lakes, Miami Gardens, North Miami, North Miami Beach, Aventura, Sunny Isles Beach, Miami Beach, Key Biscayne, Cutler Bay, Homestead, and Florida City. These communities sit within the Eleventh Judicial Circuit, where the firm handles injury claims from first notice through litigation.
Beyond Miami-Dade, the firm represents clients across the State of Florida, including neighboring areas of South Florida where Miami residents are often hurt while commuting, working, or traveling. Whether your claim comes from a crash on a county expressway, a fall at a retail center, or an injury on the water, the same core rules apply: deadlines are short, fault is contested, and insurers expect you to settle cheaply.
Talk With a Miami Personal Injury Attorney Today
If you were hurt because of someone else’s carelessness, a Miami personal injury attorney at Spencer Morgan Law can review what happened, explain how Florida’s two-year deadline, fault bar, and no-fault rules apply to you, and tell you plainly what the claim may be worth. The consultation is confidential, you pay nothing unless the firm recovers money for you, and Spanish-language help is available. Call to schedule a time to talk about your injury and your next steps.
