Miami-Dade County Personal Injury Lawyer
A crash on the Palmetto, a fall in a Hialeah parking lot, or a boat collision off Biscayne Bay can leave you with medical bills the same week you lose your paycheck. Spencer Morgan Law is a Miami-Dade County personal injury lawyer practice that handles automobile accidents, slip, trip and fall injuries, on-the-job accidents, medical malpractice, rideshare, bicycle, watercraft and maritime cases for injured people across Miami-Dade and throughout Florida.
What separates a Miami-Dade injury claim from the same claim filed elsewhere is mostly the court and the insurance dynamics around it. Cases worth more than the county court limit are filed in the Eleventh Judicial Circuit, the largest circuit in the state, and appeals travel to the Third District Court of Appeal, which sits in Miami. Florida’s no-fault insurance system, the 2023 tort reform changes, and the rules on how medical bills are presented to a jury all shape what a claim is worth before anyone ever talks settlement. The sections below walk through those rules as they apply to people hurt here.
Injury Claims We Handle for Miami-Dade Residents and Visitors
- Automobile Accidents: Rear-end collisions on I-95, the Dolphin Expressway, the Palmetto and the Turnpike, along with intersection crashes on Biscayne Boulevard, Flagler Street and Kendall Drive. Florida’s PIP coverage pays first regardless of fault, but serious injuries usually require a claim against the at-fault driver’s liability coverage or your own uninsured motorist coverage.
- Slips, Trips and Falls: Supermarkets, retail stores, shopping malls, apartment complexes and restaurant parking lots. These cases turn on whether the owner knew or should have known about a hazard such as a wet floor, uneven flooring, a broken stair railing or construction debris.
- On-the-Job Accidents: Construction sites, event venues, warehouses and hospitality workplaces. Workers’ compensation covers the injury, but a third party such as a contractor, equipment maker or property owner may also be liable for additional compensation.
- Medical Malpractice: Misdiagnosis, surgical errors, negligent patient transfers and substandard care at hospitals, rehabilitation centers and assisted living facilities. These claims follow a pre-suit process under Chapter 766 that does not apply to other injury cases.
- Rideshare Accidents: Passengers, other drivers and pedestrians hurt in crashes involving Uber and Lyft vehicles. Coverage depends on whether the driver was logged in, waiting for a ride request or carrying a passenger.
- Bicycle and Pedestrian Collisions: Riders and walkers struck on Miami’s busy corridors, along Brickell, Coral Way and the beach areas. Injuries tend to be serious and insurers often argue the cyclist or pedestrian shares the blame.
- Watercraft and Maritime Accidents: Boating collisions in Biscayne Bay, injuries on cruise and cargo operations out of PortMiami, and incidents on charter and recreational vessels. Maritime claims can carry different deadlines and legal rules than ordinary accidents on land.
- Negligent Security: Assaults and robberies in apartment buildings, parking garages and businesses where the owner skimped on lighting, locks, cameras or guards. Florida law gives certain property owners a presumption against liability if they meet statutory security requirements.
How Florida Law Shapes the Value of a Miami-Dade Injury Case
Three rules do more to determine a claim’s outcome than anything else, and many people learn about them only after an insurer invokes them. The first is comparative fault. At 50 percent or less, the award is reduced by that share. Before that date Florida allowed recovery even for plaintiffs who were mostly at fault, so insurers now push harder to assign blame to the injured person, whether that means a pedestrian outside a crosswalk, a customer who “should have seen” a spill, or a driver who braked late. Medical negligence claims under Chapter 766 are exempt from the greater-than-50-percent bar.
The second rule is the filing deadline. For negligence claims that accrued on or after March 24, 2023, Florida allows two years to sue, down from four. Claims that accrued earlier keep the four-year period. Some claims run on other clocks entirely: medical malpractice is generally two years from discovery with a four-year outer limit, wrongful death is generally two years from the date of death, and claims against a government body require a written notice of claim before suit. Waiting to see how treatment goes can quietly burn the one year you thought you had left.
The third is how medical bills are proven. A newer Florida statute requires an injured person who treated under a letter of protection, meaning a provider agreed to wait for payment from the settlement, to disclose that arrangement, along with whether a lawyer referred them to the provider, before claiming those expenses. When the person has health insurance, evidence of what that coverage was obligated to pay can come in as well. A Fifth District Court of Appeal decision held that the statute does not apply retroactively, so the date of the underlying events matters. Handling treatment and billing correctly from the first week affects what a jury is allowed to see later.
Government defendants add another layer. If a county vehicle, a public hospital or a municipal property caused your injury, state law caps recovery at $200,000 per person and $300,000 per incident, with no punitive damages or prejudgment interest, and anything above that requires a claim bill from the Legislature. A written claim must be presented before suit, and the agency generally has 180 days to respond. A recovery against the county in a contested liability case is among the results the firm has obtained.
Working With Spencer Morgan Law From the First Call
Clients describe the same thing again and again: their calls get answered, their questions get explained, and they are not left guessing about where the case stands. Attorney Spencer Morgan and his team keep clients informed throughout and treat people the way they would want to be treated themselves. The firm also handles the practical fallout of an accident, helping clients get their cars repaired, secure fair reimbursement when a vehicle is a total loss, resolve medical bills and arrange the care they need. Spanish-language services are available, and consultations are confidential.
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, along with many six-figure recoveries in rideshare, bicycle, trip and fall and policy limits cases. Those outcomes matter to the next client because they show the firm will take on trucking companies, property owners, vessel operators and large insurers, and will push a case rather than accept a first offer. Clients also recognize how Mr. Morgan speaks to adjusters, with one describing it as effective and passionate. Representation is on a contingency basis, so you pay nothing unless there is a recovery, which lets a Miami-Dade injury lawyer take the case without asking you to fund it.
Serving Injury Clients Throughout Miami-Dade County
Spencer Morgan Law represents injured people across Miami-Dade County, from downtown Miami, Brickell, Wynwood and Little Havana to Coral Gables, Coconut Grove and Miami Beach. We also serve clients in Hialeah, Miami Lakes, Miami Gardens, North Miami and North Miami Beach to the north, and in Doral, Sweetwater, Westchester and Kendall to the west and southwest. Further south, we work with injured residents of Pinecrest, South Miami, Palmetto Bay, Cutler Bay, Homestead and Florida City, along with communities such as Aventura, Sunny Isles Beach, Key Biscayne and Opa-locka.
Because Florida injury law applies statewide, the firm also represents clients in neighboring Broward County and elsewhere in Florida. Whether your crash happened on a Hialeah side street, your fall happened in a Kendall shopping center, or your injury happened aboard a vessel departing Miami, the Miami injury attorneys at the firm can evaluate the claim and explain which court and which deadlines apply.
What to Do Now After an Injury in Miami-Dade
Get medical care first, and get it quickly. Florida’s PIP coverage pays nothing for medical treatment unless you receive initial services within 14 days of a car crash. Even then, the full $10,000 in benefits is available only if a qualified provider, such as a physician, dentist, physician assistant or advanced practice registered nurse, documents an emergency medical condition. Without that finding, benefits are limited to $2,500. PIP covers 80 percent of medical expenses and 60 percent of lost wages regardless of fault, so a missed appointment in the first two weeks can cost real money. Seek care at an emergency room, urgent care or your own doctor, and follow through with recommended treatment.
Report the incident and preserve what you can. For a crash, call the local police department or Florida Highway Patrol and make sure a report is filed. For a fall, report it to the store or property manager in writing and ask that the hazard be documented. Take photographs of the scene, the hazard, your injuries and any vehicle damage, and collect names and numbers of witnesses. Keep your shoes and clothing as they were. For a workplace injury, notify your employer as soon as possible and within 30 days at the latest, or the claim can be denied. The employer must then report the injury to its insurer within seven days.
Be careful with insurance companies. The other side’s adjuster may call within days and ask for a recorded statement or offer a quick payment. Anything you say about fault can be used against you under the comparative fault rules, and early offers rarely account for future treatment. Do not sign medical releases broader than necessary or agree to settle before you know the full extent of your injuries.
If the case is filed, claims worth more than $50,000 are generally heard in the Eleventh Judicial Circuit’s civil division at the Soto Miami-Dade Justice Center in downtown Miami, while auto negligence and PIP disputes between $8,001 and $50,000 go to county civil judges who sit at courthouses around the county, including Coral Gables, Hialeah, North Dade, South Dade and Miami Beach. Calling a lawyer early lets the firm preserve evidence, sort out which court and deadline apply, and handle the insurers so you can focus on getting better.
Common Questions About Miami-Dade Personal Injury Claims
How long do I have to file a personal injury lawsuit in Miami-Dade?
For most negligence claims that accrued on or after March 24, 2023, the deadline is two years. Claims that accrued before that date keep the older four-year period. Medical malpractice, wrongful death, workers’ compensation and government claims follow their own timelines, so the type of case matters.
Does Florida’s no-fault system mean I cannot sue after a car accident?
No. PIP pays your initial medical bills and lost wages regardless of who caused the crash, but you can still pursue the at-fault driver for pain and suffering and other damages when your injuries are serious enough. PIP is simply the first layer of coverage.
What happens if I was partly to blame for the accident?
If you are found 50 percent or less at fault, your damages are reduced by your percentage. If you are found more than 50 percent at fault in most negligence cases, you recover nothing. That makes the fight over fault a central part of many Miami-Dade claims.
Do I have to pay anything upfront to hire Spencer Morgan Law?
No. The firm works on a contingency basis, which means you do not pay unless there is a recovery. Initial consultations are confidential.
Will my doctors be paid while my case is pending?
It depends on your coverage. PIP and health insurance may pay first, and some providers treat under a letter of protection, agreeing to wait for payment from the settlement. Florida law now requires disclosure of those arrangements, so it is worth discussing them with your lawyer before you start treatment.
Can I still bring a claim if the at-fault driver has minimal insurance?
Often yes. Florida requires only modest minimum coverage, and many drivers carry little more. Your own uninsured or underinsured motorist coverage may fill the gap, and the firm has recovered policy limits in many cases where more than one policy was available.
Can I sue a restaurant or bar for injuries caused by a drunk driver?
Rarely. Florida’s dram shop law generally shields a licensed seller from liability for a customer’s intoxication, with narrow exceptions for knowingly serving a minor or a person habitually addicted to alcohol. It does not reach social hosts at all, so the focus is usually on the driver and the available insurance.
What if I was hurt in an apartment complex or a store by a criminal act?
You may have a negligent security claim. Florida gives certain apartment owners and convenience businesses a presumption against liability if they substantially meet statutory security requirements, but that presumption can be challenged with evidence, and fault is divided among everyone responsible, including the criminal.
How long does a Miami-Dade injury case typically take?
It varies with the injuries and the insurer. Cases involving surgery or disputed liability take longer because the full course of treatment has to be known before value can be fairly assessed. Rushing to settle before you finish treatment can leave future costs uncovered.
Is it worth hiring a lawyer for a car accident with minor property damage?
It can be. Low vehicle damage does not always mean low injury. The firm has recovered $100,000 in a car accident case with minimal car damage and has handled cases that later required surgery. Insurers often undervalue these claims, so a consultation is worth having.
What if a county or city vehicle or property caused my injury?
Claims against government bodies require a written notice before suit and are limited by statutory caps, currently $200,000 per person and $300,000 per incident. The notice and response periods are strict, so these cases should be started early.
Can I recover if my injury happened on a boat or cruise operation?
Often, but maritime and watercraft cases can involve different rules and deadlines than land accidents. The firm has recovered $800,000 in a maritime accident case and handles watercraft claims, so a prompt consultation will clarify which law governs yours.
Speak With a Miami-Dade County Personal Injury Attorney Today
If you were hurt in Miami-Dade, the clock on your claim has already started, and the insurance company is already building its version of events. A Miami-Dade County personal injury attorney at Spencer Morgan Law can review what happened, explain which deadlines and rules apply to your case, and begin protecting your claim right away. Call to schedule a confidential consultation. Spanish-language services are available, and you pay nothing unless we recover.