Florida Legal Answer Center
Direct, sourced answers to the questions people in Coral Gables, Miami and across Florida actually ask before they call a lawyer. Every answer states the rule up front, cites the controlling Florida statute or federal law, and explains what it means in practice.
Written and reviewed by attorney David Farber of The Farber Law Firm, P.A. General legal information about Florida law, not legal advice.
Personal Injury
Deadlines, PIP, fault rules and claim value for injured people in Miami-Dade, Broward and Palm Beach.
How Long Do I Have to File a Personal Injury Lawsuit in Florida?
In Florida, most negligence-based personal injury lawsuits must be filed within two years of the date of the injury for incidents occurring on or after March 24, 2023. Incidents before that date generally carry a four-year deadline. Wrongful death claims have two years, and claims against government entities require written notice within three years.
Read the answerWhat Is the 14-Day Rule for Florida PIP Claims?
Florida's 14-day rule requires anyone injured in a motor vehicle crash to receive initial medical care from a qualified provider within 14 days of the crash to be eligible for Personal Injury Protection benefits. Miss the window and PIP pays nothing. PIP covers up to $10,000, reduced to $2,500 without an emergency medical condition determination.
Read the answerHow Is a Miami Car Accident Settlement Calculated?
A Miami car accident settlement is calculated by adding proven economic damages such as medical bills, future care and lost income to non-economic damages for pain and suffering, then adjusting for the plaintiff's share of fault under Florida's 50 percent bar and limiting the result to the insurance coverage actually available. No lawyer can promise a specific number.
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Insurance Disputes
Denied, delayed and underpaid property claims, insurer deadlines and Florida bad-faith procedure.
What Do I Do If My Florida Homeowners Insurance Claim Is Denied?
If a Florida homeowners insurance claim is denied, request the written denial and the full policy, document the damage independently, and challenge the stated basis with your own expert evidence. Before suing, most property policyholders must serve a presuit notice under Fla. Stat. 627.70152 at least ten business days before filing, and claims must be reported within the deadlines in Fla. Stat. 627.70132.
Read the answerHow Long Does a Florida Insurance Company Have to Pay a Claim?
A Florida residential property insurer must acknowledge a claim communication within 7 days, begin investigating within 7 days of proof-of-loss statements, complete any physical inspection within 30 days, and pay or deny the claim within 60 days after notice of the claim unless factors beyond its control prevent it. Late payments accrue interest from the date of notice.
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Business Law
Partner and shareholder disputes, contracts, trademarks and brand enforcement for Florida companies.
How Do I Sue a Business Partner in Florida?
To sue a business partner in Florida, first identify the entity type and the governing agreement, then make a written books-and-records demand under Fla. Stat. 605.0410 for an LLC or 607.1602 for a corporation. Typical claims include breach of contract, breach of fiduciary duty, accounting, and judicial dissolution, and many require a derivative rather than direct action.
Read the answerWhat Can I Do If Someone Copies My Brand or Product in Florida?
A Florida business whose brand is copied can send a cease and desist letter, file takedown requests with platforms, and sue for trademark infringement and unfair competition under the federal Lanham Act, 15 U.S.C. 1114 and 1125, even without a federal registration. State remedies include Chapter 495 registration, FDUTPA claims under Chapter 501, and trade secret claims under Chapter 688.
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TCPA & Robocalls
Unwanted calls and texts under the federal TCPA and the Florida Telephone Solicitation Act.
Consumer Protection
Credit reporting errors, background-check mix-ups and unfair or deceptive trade practices.
Construction Defects
Chapter 558 notice, defect categories, and Florida's limitation and repose deadlines.
How Long Do I Have to Sue for Construction Defects in Florida?
Florida construction defect claims must generally be brought within four years under Fla. Stat. 95.11(3)(c), and no later than seven years after the earlier of the date of issuance of a temporary certificate of occupancy, certificate of occupancy, certificate of completion, or abandonment of construction. Chapter 558 presuit notice is required before filing.
Read the answerWhat Counts as a Construction Defect in Florida?
Under Fla. Stat. 558.002, a construction defect is a deficiency arising out of defective material, defective workmanship, a violation of applicable codes, or a failure to follow accepted trade standards or the plans and specifications. Florida recognizes design defects, material defects, workmanship defects and subsurface or site condition defects.
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