Personal Injury Claims in Miami: Florida Rules for 2026

In Miami, most personal injury claims must be filed within two years of the injury, and you recover nothing if you are found more than 50% at fault. Both rules come from Florida's 2023 tort reform (HB 837), which replaced the old four-year deadline and the "pure" comparative fault system. Car crash injuries also start with your own PIP insurance. This guide sets out the current rules, with links to the official sources so you can check every point.

This guide is general information, not legal advice. Deadlines and exceptions depend on the facts of each case; a Florida-licensed lawyer can tell you how they apply to yours.

The short version

• Two years to file most injury claims that arose on or after March 24, 2023.
• More than 50% at fault means no recovery, except in medical malpractice cases.
• After a car crash, your own PIP pays first, up to $10,000, if you see a doctor within 14 days.
• There is no general cap on pain and suffering in Florida injury cases; punitive damages are capped, usually at three times compensatory damages or $500,000.
• Some injuries have their own rules: slip-and-fall claims need proof the business knew or should have known of the hazard; dog owners are liable for bites even if the dog never bit before.
• Claims against a city, county or state agency need written notice first and are limited to $200,000 per person.

Key facts at a glance

Four rules decide most Miami injury cases: the two-year deadline, the 50% fault bar, PIP for car crashes and the $50,000 line between county and circuit court.

What changed with the 2023 tort reform (HB 837)?

HB 837 halved the deadline for negligence lawsuits, ended recovery for people more than 50% at fault and limited how medical bills are proved. Governor DeSantis signed it on March 24, 2023, and it took effect the same day. Some parts apply to lawsuits filed after that date; the shorter deadline applies to claims that arose after it.

The changes that matter most to injured people are:

1. Shorter deadline: two years instead of four for general negligence.
2. Modified comparative negligence: a person more than 50% at fault recovers nothing.
3. Medical damages evidence: juries now see amounts actually paid or owed, not only the amounts billed, and treatment under a letter of protection must be disclosed.
4. Negligent security: new rules for claims against property owners after a crime on their premises.
5. Attorney fees: the rules that let a winning policyholder recover attorney fees from the insurer in most insurance disputes were largely ended.

How long do you have to file a personal injury claim in Florida?

Two years from the date of the injury for most claims that arose on or after March 24, 2023. Miss the deadline and the claim is normally lost, however strong it is. The main deadlines in section 95.11 of the Florida Statutes are:

Claims against government bodies, such as a county bus or a city vehicle, have extra steps, including written notice before a lawsuit. Because the deadlines are short, waiting to "see how the injury develops" is risky.

What happens if you were partly at fault?

If you are 50% or less at fault, your damages are reduced by your share; if you are more than 50% at fault, you recover nothing. This is modified comparative negligence under section 768.81, as amended in 2023. Before then, Florida let even a mostly-at-fault person recover part of their damages.

The 50% bar does not apply to medical negligence cases under chapter 766, which still use pure comparative negligence. Because one percentage point can now decide whether there is any recovery, evidence of how the accident happened matters more than before: photos, witness details, the crash report and video.

What compensation can you recover?

You can recover economic damages (medical bills, lost income, future care) and non-economic damages (pain and suffering), and Florida sets no general cap on the non-economic part; punitive damages are rare and capped.

Your share of fault reduces the total, as shown above. Claims against a government body are limited to $200,000 per person and $300,000 per incident unless the Legislature approves more (Fla. Stat. § 768.28).

Do some injuries have special rules?

Yes. The general rules above apply to every claim, but several common injuries have their own Florida statutes that change what you must prove or when you must act.

Who pays after a car accident in Miami?

Your own Personal Injury Protection (PIP) insurance pays first, whoever caused the crash. Florida is a no-fault state. PIP covers up to $10,000 in medical and disability benefits, but only if you get initial care within 14 days, and it is limited to $2,500 if a provider finds you did not have an emergency medical condition. Bills to repeal PIP died in committee in the 2026 session, so PIP is still the law. Our guide Miami Car Accidents: How Florida PIP No-Fault Works explains PIP and when you can claim against the other driver.

What if the other driver had no insurance?

Your own uninsured/underinsured motorist (UM) coverage pays, if you have it. Florida does not require drivers to carry bodily injury liability coverage, so an at-fault driver may have little or none. Insurers must offer UM coverage with bodily injury liability policies, but you can reject it in writing (Fla. Stat. § 627.727). Check your policy's declarations page now, before you need it.

Which court hears a Miami injury case?

Cases worth more than $50,000 go to the circuit court; smaller ones go to the county court. That threshold has applied since January 1, 2023. Miami-Dade County forms the Eleventh Judicial Circuit of Florida. Most injury cases settle before trial, but the court affects the procedure and the timetable.

What should you do in the first days after an injury?

Get medical care, preserve evidence and write down the two-year deadline. These steps protect both your health and your claim:

• See a doctor promptly. After a car crash, the 14-day PIP window applies.
• Write down the date, place, people involved and witnesses while you remember them.
• Keep photos, medical records, bills and proof of lost income.
• Get the crash or incident report number.
• Do not give a recorded statement to the other side's insurer before you understand your rights.
• Check any lawyer's license with The Florida Bar and read the fee agreement before signing. Our guide How to Check a Miami Lawyer Before You Hire Them explains how.

Frequently asked questions

Is the deadline two years or four years in Florida?

Two years for negligence claims that arose on or after March 24, 2023, and four years for claims that arose before that date.

Can I still recover if I was 50% at fault?

Yes. At exactly 50% your damages are cut in half. Only a finding of more than 50% fault bars recovery.

Does the 50% rule apply to medical malpractice?

No. Medical negligence claims under chapter 766 still use pure comparative negligence.

How much does a Miami injury lawyer cost?

Most work on contingency: a percentage of the recovery and nothing if there is none. Florida caps those percentages, for example 33⅓% of the first $1 million if the case settles before the defendant answers the lawsuit.

Where can I compare Miami injury lawyers?

Our ranking of the Best Personal Injury Lawyers in Miami, Florida lists lawyers whose license was checked with The Florida Bar.

Is there a cap on pain and suffering in Florida?

No general cap. Punitive damages are capped, usually at the greater of three times compensatory damages or $500,000, and claims against government bodies are limited to $200,000 per person.

Can I sue a store if I slipped on a spill?

Yes, if you can show the store knew or should have known about the spill, for example because it had been there long enough to be noticed or similar spills happened regularly.

Who is responsible for a dog bite in Florida?

The dog's owner, even if the dog never bit anyone before. A clearly posted "Bad Dog" sign can be a defense for victims aged 6 or older, but not if the owner was negligent, and your own carelessness reduces the award.

What if the driver who hit me was uninsured?

Your own uninsured motorist coverage pays if you bought it. Florida does not require bodily injury liability coverage, so check whether your policy includes UM.

Sources

• Florida Senate: CS/CS/HB 837 (2023), Civil Remedies
• Florida Statutes, section 95.11: Limitations other than for the recovery of real property
• Florida Statutes, section 768.81: Comparative fault
• Florida Statutes, section 627.736: Required personal injury protection benefits
• Florida Statutes, section 768.73: Punitive damages; limitation
• Florida Statutes, section 768.0755: Premises liability for transitory foreign substances
• Florida Statutes, section 767.04: Dog owner's liability
• Florida Statutes, section 768.28: Claims against the state and its subdivisions
• Florida Statutes, section 627.727: Uninsured motorist coverage
• Florida Statutes, section 34.01: Jurisdiction of county court
• Eleventh Judicial Circuit of Florida (Miami-Dade)