Personal Injury Representation in Miami and South Florida
Reviewed by David Farber · The Farber Law Firm, P.A. · Updated August 5, 2026
In short
Personal injury representation means a lawyer proves another party's negligence caused your harm and pursues compensation for medical bills, lost income, and pain and suffering. In Florida, most negligence lawsuits must be filed within two years, PIP treatment must begin within 14 days, and recovery is barred if you are more than 50 percent at fault.
Key facts at a glance
- Filing deadline
- 2 years for most negligence claims (Fla. Stat. 95.11(5)(a))
- PIP treatment window
- 14 days from the crash (Fla. Stat. 627.736(1)(a))
- Fault rule
- Modified comparative negligence, barred above 50 percent (Fla. Stat. 768.81(6))
- Pain and suffering in auto cases
- Requires a permanency threshold (Fla. Stat. 627.737(2))
- Typical fee structure
- Contingency under Fla. Bar Rule 4-1.5(f), free consultation
- Where we appear
- Miami-Dade, Broward, Palm Beach and courts statewide
Who this is for
- Drivers, passengers, motorcyclists, cyclists and pedestrians hurt in a South Florida crash
- People injured on someone else's property or by unsafe premises conditions
- Families who lost a relative because of negligence
- Injured people whose own insurer or the at-fault carrier is delaying or lowballing
Matters we handle
- Car, truck, motorcycle and rideshare collisions
- Slip, trip and fall and other premises liability claims
- Negligent security and assault on business property
- Cruise ship, boating and maritime injuries
- Nursing home neglect and abuse
- Catastrophic injury, traumatic brain injury and spinal cord injury
- Wrongful death claims under Fla. Stat. 768.16 through 768.26
How the process works
- 1
Free case review
We listen to what happened, identify deadlines that are already running, and tell you plainly whether a claim makes sense.
- 2
Investigation
Crash reports, scene evidence, video, witness statements, and every layer of insurance coverage including UM and UIM.
- 3
Medical documentation
We coordinate with treating providers so the record reflects causation, permanency and future care, not just visit dates.
- 4
Demand and negotiation
A documented demand package goes to the carrier, with statutory tools such as proposals for settlement used where they fit.
- 5
Litigation when needed
If the offer does not reflect the loss, we file suit, take depositions, and prepare the case for trial.
- 6
Resolution and disbursement
We resolve medical liens, including Medicare and Medicaid obligations, before funds are released to you.
What Florida law controls a personal injury claim
Florida negligence claims turn on duty, breach, causation and damages. Since March 24, 2023, most negligence lawsuits carry a two-year filing deadline under Fla. Stat. 95.11(5)(a), and comparative fault above 50 percent bars recovery entirely under Fla. Stat. 768.81(6).
Auto cases add a layer. Personal injury protection pays only if treatment begins within 14 days of the crash under Fla. Stat. 627.736(1)(a), and non-economic damages against the at-fault driver generally require a permanent injury under Fla. Stat. 627.737(2).
How compensation is measured
- Past and future medical treatment, supported by billing records and physician opinion
- Lost wages and reduced earning capacity where the injury changes what you can do at work
- Pain, suffering, disability and loss of enjoyment of life, subject to Florida threshold rules in auto cases
- Property damage and out-of-pocket costs tied to the incident
- In wrongful death matters, the categories set out in Fla. Stat. 768.21 for the survivors and the estate
Why clients bring these cases to The Farber Law Firm
The firm's background includes insurance defense work, so we know how carriers value files, where they look for reasons to discount, and what documentation actually moves a number. David Farber personally oversees each matter.
Fee arrangements are set out in writing in your retainer under Fla. Bar Rule 4-1.5(f), including the three-business-day right to cancel a contingency contract described in Rule 4-1.5(f)(4)(B). We do not promise results, and no two cases are alike.
Frequently asked questions
How long do I have to file a personal injury lawsuit in Florida?
Most negligence claims arising on or after March 24, 2023 must be filed within two years under Fla. Stat. 95.11(5)(a). Wrongful death claims run two years from the date of death, and claims against government entities require pre-suit notice under Fla. Stat. 768.28(6). Shorter contractual and notice deadlines can apply, so the safe move is to confirm your date early.
What does a personal injury lawyer cost in Miami?
Personal injury matters are commonly handled on a contingency fee, meaning the fee is a percentage of what is recovered and there is no fee if there is no recovery. Percentages and cost handling must comply with Fla. Bar Rule 4-1.5(f) and are stated in your written retainer. Consultations at the firm are free.
Do I still have a case if I was partly at fault?
Usually yes, as long as you are not more than 50 percent responsible. Florida uses modified comparative negligence under Fla. Stat. 768.81(6), so damages are reduced by your share of fault and barred if that share exceeds 50 percent.
What should I do in the first 14 days after a crash?
Get medical care immediately, because Florida PIP benefits require initial treatment within 14 days under Fla. Stat. 627.736(1)(a). Report the crash, photograph the scene and vehicles, keep every bill and out-of-pocket receipt, and avoid giving a recorded statement to the other driver's carrier before you understand your coverage.
Where we provide this service
The Farber Law Firm, P.A., 2199 Ponce de Leon Blvd #301, Coral Gables, FL 33134. We handle personal injury matters for clients in Coral Gables, Miami, Miami-Dade County, Fort Lauderdale, Broward County, West Palm Beach, Palm Beach County and throughout Florida. Phone (888) 832-7237.
Sources and authority
- Fla. Stat. 95.11 — Limitations other than for recovery of real property
- Fla. Stat. 627.736 — Required personal injury protection benefits
- Fla. Stat. 768.81 — Comparative fault
Florida statutes, court rules and agency guidance change. This page reflects authority the firm believes current as of the update date above and is general information, not legal advice. No attorney-client relationship is created by reading it, and no result is guaranteed.
Related pages
Other service guides
Talk to attorney David Farber
Free, confidential case review. Call 8888-FARBER · (888-832-7237)
Request a Free Case ReviewAbout the Author
The Farber Law Firm, P.A.
The Farber Law Firm is a South Florida trial practice based in Coral Gables, representing injured people, policyholders and businesses across Miami-Dade, Broward and Palm Beach counties since 1995. The firm handles personal injury, wrongful death, insurance coverage disputes and commercial litigation, and its attorneys are members in good standing of The Florida Bar.
Articles on this site are written and reviewed by attorney David Farber and reflect Florida statutes, court rules and Florida Bar regulations current as of the publication date.
- Office
- 2199 Ponce de Leon Blvd #301
Coral Gables, FL 33134 - Phone
- 8888-FARBER
- Consultations
- Free and confidential