14-Day Medical Deadline
Florida generally requires accident victims to receive qualifying initial medical treatment within 14 days of the crash to receive Personal Injury Protection benefits.
Up to $10,000 in PIP
Florida PIP can provide up to $10,000 in benefits when a qualifying provider determines that the injured person had an emergency medical condition. Different limits may apply without that determination.
Two-Year Negligence Deadline
Most Florida negligence actions arising from a car accident must be filed within two years. Some claims have different or shorter notice requirements.
Comparative Fault Rules
An injured person’s compensation can be reduced by their percentage of responsibility. A person found more than 50% responsible may be unable to recover damages under Florida’s modified comparative fault rule.
| Legal Service |
How It Can Help Your Claim |
| Crash investigation |
Collects reports, photographs, recordings, witness accounts, vehicle information, and other evidence showing how the collision occurred. |
| Insurance review |
Identifies PIP, bodily injury liability, uninsured motorist, underinsured motorist, commercial, and other potentially available coverage. |
| Damage documentation |
Organizes medical expenses, wage records, future treatment needs, property losses, and evidence of how the injuries affected the client’s life. |
| Insurance negotiations |
Responds to disputed liability, low settlement offers, requests for statements, and attempts to minimize the severity of the injuries. |
| Litigation |
Prepares and files a lawsuit when the responsible party or insurer will not offer an appropriate resolution. |
Injured in a Miami Car Accident?
Speak with The Morgan Law Group about the accident, your insurance coverage, and the legal options that may be available.
1
Get to Safety and Report the Crash
Move away from traffic when it is safe to do so. Call 911 when anyone is injured, the roadway is obstructed, or emergency assistance is needed.
2
Obtain Medical Care
Do not ignore pain or delayed symptoms. Florida’s PIP rules generally require qualifying initial medical treatment within 14 days of the collision.
3
Document the Scene
If possible, photograph the vehicles, road conditions, traffic controls, visible injuries, debris, skid marks, and surrounding businesses or cameras.
4
Protect the Claim
Preserve records and avoid giving a detailed recorded statement or accepting a settlement before understanding the injuries and available coverage.
Our guide explaining what to do after a Florida car accident provides additional information about protecting yourself and documenting a claim.
| PIP Provision |
General Florida Rule |
| Medical treatment deadline |
Initial qualifying medical services generally must be received within 14 days of the accident. |
| Medical expenses |
PIP generally pays 80% of reasonable and necessary covered medical expenses, subject to policy limits and statutory requirements. |
| Lost income |
PIP generally pays 60% of covered lost gross income and loss of earning capacity, subject to available benefits. |
| Emergency medical condition |
Benefits may reach $10,000 when an authorized provider determines that the injured person had an emergency medical condition. |
| Non-emergency condition |
Medical benefits may be limited to $2,500 when an emergency medical condition is not established. |
| Limits of PIP |
PIP does not necessarily compensate an injured person fully for medical costs, income loss, pain, or other damages. |
For a more detailed explanation, visit our guide to Florida no-fault insurance and our resource about who pays medical bills after a crash in Miami.
Rear-End Collisions
Congestion and sudden braking can lead to rear-end crashes that cause neck, back, head, and shoulder injuries.
Intersection Accidents
Failure to yield, red-light violations, improper turns, and blocked sightlines can cause severe side-impact collisions.
Distracted Driving Crashes
Texting, navigation systems, phone use, and other distractions can prevent drivers from responding to traffic conditions.
High-Speed Collisions
Excessive speed can increase stopping distance and the force of a collision on Miami’s highways and major arterial roads.
Rideshare Accidents
Claims involving Uber, Lyft, or another rideshare service can depend on the driver’s status and the insurance coverage active at the time.
Commercial Vehicle Crashes
Delivery vehicles, work trucks, and commercial fleets can create claims against a driver, employer, contractor, or vehicle owner.
- A negligent driver who was speeding, distracted, impaired, following too closely, or violating a traffic law.
- A vehicle owner whose vehicle was being operated by another person under circumstances creating legal responsibility.
- An employer when an employee caused the accident while acting within the scope of employment.
- A rideshare or commercial insurer when coverage applies to the driver’s activities at the time of the crash.
- A vehicle or component manufacturer when a dangerous defect contributed to the collision or injuries.
- A maintenance provider whose improper repairs contributed to a mechanical failure.
- A government entity or contractor when a dangerous road condition contributed to the accident, subject to special rules and notice requirements.
Our guide to the evidence used to prove liability after an accident explains how photographs, witness accounts, reports, electronic records, and expert analysis may help establish responsibility.
| Type of Evidence |
What It May Establish |
| Crash report |
Identifies drivers, vehicles, insurers, witnesses, road conditions, citations, and the investigating agency. |
| Scene photographs and video |
Documents vehicle positions, impact points, damage, traffic controls, visibility, weather, and surrounding conditions. |
| Surveillance or traffic footage |
May show the collision or the vehicles’ movements before impact. This evidence should be requested quickly because it may be overwritten. |
| Witness statements |
Provide independent accounts of speeding, signal violations, distracted driving, or other conduct. |
| Medical records |
Connect injuries to the collision and document diagnoses, treatment, limitations, and future medical needs. |
| Vehicle and electronic data |
May provide information about speed, braking, impact forces, driver activity, or commercial vehicle operations. |
| Employment and financial records |
Help establish lost income, missed work, reduced earning ability, and other financial consequences. |
| Potential Damage |
Examples |
| Medical expenses |
Emergency transportation, hospital care, diagnostic testing, physician visits, rehabilitation, medication, surgery, and future treatment. |
| Lost income |
Missed work, reduced hours, used leave, lost business income, and diminished future earning capacity. |
| Pain and suffering |
Physical pain, emotional distress, inconvenience, disability, and loss of enjoyment of life when legally recoverable. |
| Property loss |
Vehicle repairs, total-loss value, towing, storage, rental transportation, and damaged personal property. |
| Future losses |
Expected medical care, long-term assistance, permanent limitations, and future income reduction. |
| Wrongful death damages |
Certain losses suffered by qualifying survivors and the estate after a fatal collision. |
Every claim is different. Our guide explaining how car accident claim value is evaluated describes the factors that can increase or reduce a potential recovery.
Let Us Review Your Miami Accident Claim
The Morgan Law Group can review how the collision occurred, the insurance coverage involved, and the losses you have experienced.
| Example Finding |
Potential Effect |
| 0% responsible |
The injured person’s damages are not reduced for comparative fault. |
| 20% responsible |
A qualifying recovery may generally be reduced by 20%. |
| 50% responsible |
A qualifying recovery may generally be reduced by 50%. |
| More than 50% responsible |
The injured person may be barred from recovering damages under Florida’s modified comparative fault rule. |
Interstate 95
High speeds, frequent merging, congestion, and sudden slowdowns can contribute to severe multi-vehicle and rear-end collisions.
Palmetto Expressway
Dense traffic and complicated interchanges along State Road 826 can increase the risk of lane-change and merging accidents.
Dolphin Expressway
State Road 836 carries commuters and airport traffic through busy areas where congestion can change quickly.
US-1 and Urban Streets
Drivers share these corridors with pedestrians, bicyclists, buses, rideshare vehicles, and frequent turning traffic.
Visit the Car Accident Danger Index and Florida Danger Index for additional information about roadway risks and driving conditions.
- Representation for car accident victims in Miami and throughout Miami-Dade County.
- Experience addressing Florida PIP, liability, and uninsured motorist issues.
- Investigation of accidents involving individuals, rideshare drivers, and commercial vehicles.
- Careful documentation of medical expenses, income loss, and long-term consequences.
- Direct assistance with insurance communications and settlement negotiations.
- Preparation for litigation when an appropriate settlement cannot be reached.
Speak With a Miami Car Accident Lawyer
If you were injured in Miami or elsewhere in Miami-Dade County, contact The Morgan Law Group to discuss your accident and possible next steps.
How long do I have to file a car accident lawsuit in Miami?
Florida generally gives an injured person two years to file a negligence lawsuit arising from a car accident. Different deadlines may apply to claims involving government entities, wrongful death, or other special circumstances. Evidence can also disappear much sooner, so the applicable deadline should be evaluated promptly.
Do I need medical treatment within 14 days of a Miami accident?
Florida generally requires qualifying initial medical treatment within 14 days of a motor vehicle accident to receive PIP medical benefits. Seeking timely care also creates medical records documenting the symptoms and their connection to the collision.
Who pays my medical bills after a Miami car accident?
An injured person generally begins with their own Florida PIP coverage for a portion of qualifying medical expenses and lost income. Health insurance, medical-payment coverage, the at-fault party’s liability coverage, and uninsured or underinsured motorist coverage may also become relevant.
Can I sue the at-fault driver even though Florida is a no-fault state?
Possibly. Florida’s no-fault system does not eliminate every claim against an at-fault driver. An injured person may pursue certain unreimbursed economic losses, and noneconomic damages may be available when the injury satisfies Florida’s statutory threshold.
What happens if I was partly responsible for the accident?
Your compensation may be reduced by your percentage of responsibility. Under Florida’s modified comparative fault rule, a person found more than 50% responsible for their own harm may be unable to recover damages in a negligence claim.
What if the driver who hit me did not have insurance?
Your own uninsured motorist coverage may provide compensation when an at-fault driver has no bodily injury liability insurance. Other coverage or responsible parties may also be available depending on the driver, vehicle, and circumstances of the crash.
Should I give the insurance company a recorded statement?
You may have contractual obligations to cooperate with your own insurer, but you should understand who is requesting the statement, why it is needed, and how it may affect the claim. Statements about fault, symptoms, or medical history can be taken out of context.
How much does a Miami car accident lawyer cost?
Many car accident claims are handled on a contingency-fee basis, meaning attorney fees are tied to obtaining a recovery. The written representation agreement should explain the fee, litigation costs, and how expenses will be handled.
When should I contact a Miami car accident lawyer?
Consider contacting a lawyer as soon as possible when the accident caused injuries, disputed fault, significant medical expenses, missed work, commercial vehicle involvement, or concerns about available insurance. Early investigation can help preserve evidence and identify applicable deadlines.