Florida Personal Injury Lawyers
If you’re injured in Miami, Hollywood, or anywhere in South Florida, you have the benefit of access to some of the best health care in the country, including top hospitals, trauma centers, and urgent care centers. While your first instinct is to seek medical help, however, it’s important to keep in mind that a serious injury can also be a legal and financial matter. The financial impact on your life can last years, and consulting with a Florida personal injury soon after your injury is important to protect your rights.
At Flaxman Law Group, we have worked with thousands of people and families who have been impacted by serious injuries. With offices in Hollywood, Homestead, and Miami, our team is here to take the guesswork out of the personal injury claims process. We bring compassion, transparency, and over five decades of combined experience to your situation. Whether you were injured in a car crash, slip and fall, or workplace accident, contact us for a free, no obligation consultation with a Florida personal injury lawyer to find out whether you have a claim.
What Is Personal Injury Law?
Florida personal injury law allows individuals who have been harmed by someone else’s negligence, recklessness, or intentional actions to seek compensation for their losses. These cases are civil lawsuits, meaning the injured party (the plaintiff) is seeking monetary damages rather than criminal penalties.
In some cases, there may be both a criminal case and a civil case. For example, if you are injured in a drunk driving car accident, the police may charge the driver with DUI. The motorist may face criminal charges and penalties. Regardless of whether the driver is charged and regardless of the outcome of the case, you may still have the right to file a personal injury claim.
At its core, personal injury law is about accountability. It holds individuals, businesses, and even government entities responsible when their actions (or inaction) lead to harm. Florida personal injury law also provides a legal avenue for those who have been harmed through no fault of their own to seek compensation for the losses and costs they face because of their injury.
Many Floridians are surprised to learn how complex personal injury claims can be and how easy it is to make mistakes that weaken your case. At Flaxman Law Group, we’ve seen firsthand how simple errors can affect your recovery. That’s why we always encourage people who have been injured to never take action alone. It costs nothing to contact us for a free, no obligation consultation, where a member of our team can explain your rights and next steps.
One thing that confuses many Florida residents is insurance. Some injured individuals assume that if they have coverage, their insurer will take care of them. This is not usually the case. Insurers are businesses who are obligated to act in the best interests of their shareholders and not in your best interests. Insurance companies make the most for their shareholders when they collect your premiums but pay less than the full amount possible in claims.
There are also significant limits on most insurance policies. For example, let’s look at car accident coverage. Florida is a no-fault state for car accidents, meaning each driver’s insurance (Personal Injury Protection, or PIP) pays for their medical expenses and lost wages, up to $10,000—regardless of who caused the accident. But PIP has major limitations:
- It only covers 80% of medical expenses and 60% of lost income.
- It does not cover pain and suffering.
- It only applies to motor vehicle accidents, not to other types of injuries.
You can pursue a claim against the other driver only if your injuries are considered “serious” under Florida law, and if the other driver was negligent.
This system can be frustrating for injured people who assume no-fault coverage means they’re fully protected. The system also means that if you’re injured, seeking compensation through a personal injury claim can help you secure fairer compensation for more of your losses. Before you agree to anything, make a statement to insurers, or sign any documents, consult with a Florida personal injury attorney to make sure you pursue the fullest compensation possible.
Steps After Suffering an Injury
So far, we have learned that personal injury law protects you if you’re injured and that insurance isn’t necessarily something you can count on. The other thing you must know about state law is that if you or a loved one is injured due to someone else’s negligence, the actions you take in the hours and days that follow can significantly impact your case. Here’s what we recommend:
- Seek medical attention immediately. Even if you feel “fine,” adrenaline can mask pain, and some injuries may take hours or days to show symptoms. A medical exam ensures you get the help you need and also creates the paper trail necessary for your claim.
- Document everything. Photos of the scene, your injuries, and any property damage can be invaluable. Write down names of witnesses, license plates, and anything you remember from the event. Start a journal after your injury. Note your pain levels, daily limitations, emotional struggles, and medical appointments. This can help support your claim for noneconomic damages like pain and suffering.
- Report the incident. Call the police if you’re involved in a crash or file an incident report with the property manager if you were injured at a business. Official documentation helps verify your version of events. It will also be important if you decide to file an insurance claim.
- Do not give a statement to the insurance company. Adjusters may seem friendly, but their job is to minimize payouts. Politely decline to speak until you’ve consulted a lawyer. Or, make your first call after your injury to a lawyer. A personal injury lawyer can review what you should and shouldn’t say to an insurance company and can negotiate with insurers for you.
- Do not talk about your accident, even online. Insurance companies may monitor your online activity to find inconsistencies. A photo of you smiling at a barbecue could be used to argue you’re not seriously injured, even if you were in pain when the photo was taken.
- Contact a personal injury lawyer. An experienced attorney can assess your case, preserve evidence, negotiate with insurers, and fight for full compensation. Always call an attorney immediately, even if you’re not sure you want to file a claim. Preserving evidence early is important and a lawyer can help you avoid common mistakes that could hurt your claim.
With offices in Hollywood, Homestead, and Miami, Flaxman Law Group has helped thousands of injured clients across Florida recover the compensation they deserve. Our founding attorney, Charles Flaxman, spent ten years working in the insurance industry before opening the firm, so he understands how insurers think and how to push back against unfair tactics. He uses this insider knowledge to make sure you get fair treatment and fair financial recovery.
Determining Liability in a Florida Personal Injury Case
Liability means the legal responsibility for an accident or injury. In a personal injury case, proving liability means showing that another person, company, or party was at fault for causing harm, either by acting negligently or by recklessly failing to take action.
This concept is crucial to your case because if someone is found liable, they may be required to pay compensation for the injured person’s medical expenses, lost income, pain and suffering, and other related costs.
In some cases, if the liable party is covered by insurance, it is the insurer who will pay the compensation. For example, in a truck accident, a commercial truck driver may have been found liable because they were driving fatigued, but in that case it will be the insurance company that will pay the injured victims.
Establishing liability usually requires a thorough investigation. At Flaxman Law Group, our team works with medical experts, investigators, accident reconstruction professionals, engineers, and other professionals to find all liable parties, to establish what caused an injury, and to determine what insurance and assets may be available to pay your compensation.
Establishing liability involves proving four main elements:
- Duty of care. The defendant had a legal obligation to act in a reasonably safe and responsible manner. For instance, drivers have a duty to follow traffic laws.
- Breach of duty. The defendant failed to meet that duty. This could involve texting while driving, failing to clean up a spill in a store, or ignoring building safety codes.
- Causation. There must be a direct link between the defendant’s actions and your injuries. For example, a doctor’s violation of medical standards must have led to your injury.
- Damages. You must have suffered measurable losses because of your injury. This can involve medical expenses, lost income, loss of a loved one, pain and suffering, or other losses.
Florida operates under a modified comparative negligence rule. This means you can still recover damages if you were partially at fault for the accident, but only if your share of fault is 50% or less. Your compensation will be reduced by your percentage of responsibility. For example, if you are found 30% at fault, your damages will be reduced by 30%.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Choosing a Personal Injury Lawyer in Florida
Choosing the right lawyer can make a significant difference in how your case is handled. The wrong lawyer can be frustrating to deal with and may end up securing less than you need in compensation. To avoid that, here is what to look for:
- Experience with personal injury cases. Look for a lawyer who focuses specifically on personal injury law. An attorney who handles wills or immigration law may not have the experience with personal injury investigations or insurance negotiations that are needed for your case.
- Strong track record. Ask about past results. While no lawyer can guarantee a specific outcome, a history of successful settlements or verdicts in cases similar to yours is a good sign.
- Clear communication. A good lawyer is busy, but should always have the time and care to explain your options, answer your questions, and keep you updated. A lawyer should be easy to reach and you should understand what they are saying.
- Compassion. You want someone who genuinely cares about your recovery and is not just looking for a quick settlement.
- Contingency fee structure. Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. A good lawyer is transparent about the percentage they charge and whether there are any additional fees.
You can and should look for an attorney with all these traits by requesting an initial consultation. A first consultation lets you ask questions and determine whether a lawyer is a good fit. During the consultation, beware of lawyers who pressure you to sign documents quickly or who pressure you to act now. Be wary of anyone who makes big promises. While a lawyer can tell you how much your case could be worth, no Florida personal injury attorney can guarantee the outcome of a case, even if a case seems very strong.
Be sure to ask about trial and negotiation experience. You want to avoid lawyers who focus only on quick settlements and avoid going to court. While most cases settle, having a lawyer who’s willing and able to take your case to trial ensures that your attorney will do what it takes to get you fair compensation.
After a consultation, check online reviews and verify the lawyer’s standing with the Florida bar association. In the end, you should feel confident that your lawyer is capable, honest, and invested in your case.
At Flaxman Law Group, we have more than 50 years of combined experience and we have built our family-focused, boutique law firm to have all the benefits you need. Here’s what sets Flaxman Law Group apart:
- Local knowledge. We are part of the South Florida community, with offices in Miami, Homestead, and Florida. We’re proud to be part of the community and we take part in local events and give back. We stay current with changes in the law, court procedures, and insurance practices that can affect your claim. Our team also understands how local medical providers, police departments, and court systems operate.
- Hands-on experience. Flaxman Law Group has represented thousands of injury victims throughout South Florida and beyond. We’ve successfully handled complex, high-stakes claims involving multiple parties, serious injuries, and disputed liability.
- Compassion. We’re proud of the fact that our clients often refer us. One piece of feedback that we consistently get is that clients are pleased with the way we treat each person who walks in our doors. We never use jargon and we genuinely care about you and not just your case. We spend time with our clients, getting to know their needs, and we even speak English, Spanish, and Creole to ensure we can serve you better.
- Trial-ready representation. Many injury claims settle out of court. But we’re fully prepared to take your case to trial. Insurance companies know we won’t hesitate to fight in court when necessary, and that gives us leverage at the negotiating table.
- No upfront costs. We work on a contingency fee basis. That means you pay no legal fees unless we win compensation for you. We also offer free consultations to help you understand your options without any pressure.
- Results. Here’s how we look at it: we treat you like family. To us, that means we treat you with kindness but we also aggressively fight for your rights, just like you’d fight to protect your family. This approach has allowed us to secure close to one billion dollars for our clients in court wins and verdicts.
If you’ve suffered serious injuries, we’d be happy to consult with you and tell you more about our law firm. Let’s discuss what we may be able to do for you in a free, no obligation consultation. Contact us today to schedule your consultation.
What Type of Damages Can I Recover in Florida?
Florida law allows injured individuals to pursue compensation—called “damages”—for a wide range of financial and personal harms. These include the tangible, out-of-pocket costs associated with your injury, which are usually called economic damages. These include:
- Medical expenses. You can seek compensation for all medical costs related to your injury, including hospital visits, surgeries, medication, rehabilitation, medical equipment, and future care costs.
- Lost income. This includes wages lost due to time off work, including part-time, freelance, or gig economy income.
- Loss of earning capacity. If your injuries permanently limit your ability to earn a living, you may be entitled to compensation for future income loss.
- Property damage. If your vehicle, bicycle, phone, or other personal property was damaged in the incident that caused your accident, you can seek compensation to repair or replace the damaged property.
In addition to economic damages, you can pursue non-economic damages. These may be harder to quality and can include things such as pain and suffering, mental trauma, disfigurement, loss of enjoyment of life, and more. Non-economic damages recognize that the impact of an injury can go beyond the money you must pay.
One of the most overlooked aspects of damages involves future costs. For example, if you suffer a spinal cord injury, you may need ongoing therapy, home modifications, or mobility aids. We work with medical and financial experts to project these long-term needs and include them in your claim.
The Personal Injury Claims Process in Florida
Personal injury claims in Florida can take months or years, and each one is different. Unique challenges can happen with any case, but the most common process includes the following steps:
- Initial consultation. In a free case evaluation, you consult with a Florida personal injury lawyer, who reviews what happened and any documents you have to give you an opinion about your legal options. A lawyer can explain whether you have a claim, the relative strength of that claim, and what you may be able to seek in compensation. This allows you to decide what to do next.
- Investigation. When you work with Flaxman Law Group, we gather evidence to support your claim, such as medical records, witness statements, accident reports, photos, and expert opinions. In some cases, we hire accident reconstruction specialists or consult with engineers or medical professionals.
- Demand and negotiation. Once we’ve built a strong foundation, we submit a demand letter to the at-fault party or their insurance company. This includes a detailed account of your injuries, damages, the amount you are seeking, and why they’re responsible. The insurance company or at the at-fault party’s lawyers will respond and negotiations will begin. Most personal injury cases are resolved during this stage through settlement negotiations.
- Litigation (if needed). If the insurance company refuses to make a fair offer in negotiations, we file a lawsuit and prepare to take the case to court. This includes pre-trial discovery, depositions, and possibly a jury trial. Throughout this process, we continue negotiating to reach a resolution if possible.
- Resolution. Whether through settlement or trial, we aim for a resolution that compensates you fully for your losses. Afterward, we ensure you receive your funds promptly.
This is a process that can become complex quickly, so while you are not required to work with a personal injury attorney, it is advisable. At Flaxman Law Group, we take care of all the details, from finding you a rental after your car accident, to speaking with insurance companies, to gathering evidence and filing all the paperwork. We keep you informed, so you always know what is going on, but we also free you from the burden of the complex legal process, so you can focus on your health.
How Much Time Do You Have to File an Injury Claim in Florida?
Florida law sets strict deadlines, called statutes of limitations, for filing a lawsuit. If you miss the window, you could permanently lose your right to seek compensation, even if you have a strong case.
In March 2023, Florida Governor Ron DeSantis signed HB 837 into law, which shortens the general statute of limitations for personal injury cases from four years to two years. This means that in most situations, you have just two years from the date of the accident or injury to file a lawsuit. That’s a narrow window, though there are important variations:
- Medical malpractice. In these cases, the statute may not begin until the injury is discovered or reasonably should have been discovered. For example, a hospital may only admit that it used the wrong testing procedure after a few years, and patients may only realize they were injured by the hospital after this admission. Pre-suit requirements like expert affidavits can also delay formal filing.
- Injuries to minors. If a child is injured, the statute of limitations may be extended, depending on the type of case and age of the child.
- Government entities. If your injury was caused by a government agency you typically must provide notice to the agency within six months.
- Fraud. In some cases, an entity may take steps to hide their wrongdoing and victims may not be able to reasonably know that negligence played a role in their injuries. In these cases, you may have more time.
Ultimately, whether you have two years or a different timeline, it’s important to contact a Florida personal injury lawyer as soon as possible. Waiting to seek legal advice can weaken your claim. Witness memories fade, surveillance footage may be deleted, and physical evidence can be lost. Consulting a lawyer early also ensures that you don’t miss any deadlines, since a lawyer can explain whether any statute of limitations exceptions apply to your case and can ensure your claim is filed on time.
Types of Personal Injury Cases We Handle
At Flaxman Law Group, we don’t believe in one-size-fits-all solutions. Every personal injury case is different—and so is every client. Our legal team takes the time to understand your unique situation and tailors a strategy to your needs. Over the past three decades, we’ve handled a wide range of personal injury matters across Florida. Some of the most common cases we handle include:
- Car accidents. Rear-end crashes, head-on collisions, and T-bone accidents can cause devastating injuries. Florida’s no-fault insurance laws can be confusing, and we help clients pursue claims when injuries exceed PIP coverage or involve another driver’s negligence.
- Truck accidents. Semi-truck crashes often result in catastrophic injuries and involve multiple liable parties, from the driver to the freight company to third-party maintenance providers.
- Medical malpractice. Doctors, nurses, and healthcare providers must meet a standard of care. When that standard is breached, patients can suffer devastating consequences and may have the right to seek compensation.
- Motorcycle accidents. Riders are often blamed or overlooked by insurers. We fight to ensure your side of the story is heard and your injuries are taken seriously.
- Slip and fall injuries. Property owners have a duty to maintain safe premises. Whether you slipped on a wet floor or tripped on a loose sidewalk, you may have a claim if negligence played a role.
- Dog bites. Florida applies a form of strict liability to dog owners, meaning they can be held responsible for bites, even if the dog has no prior history of aggression.
- Bicycle and pedestrian accidents. When drivers fail to yield or drive distracted, vulnerable road users suffer the consequences. We handle crosswalk collisions, sidewalk incidents, and more.
- Wrongful death. When a loved one’s life is cut short due to someone else’s negligence, we help families pursue justice and compensation through wrongful death claims.
- Workplace accidents. While workers’ compensation covers most job-related injuries, some cases involve third-party liability or unsafe conditions that justify additional claims. Our team works with employees injured on construction sites, in offices, and more.
- Landlord negligence. We also handle personal injury cases involving negligent property maintenance by landlords. Situations involving broken staircases, exposure, inadequate lighting, or faulty smoke detectors can cause serious injuries and can lead to personal injury claims. These cases can overlap with our landlord-tenant work.
In terms of the injuries themselves, we frequently represent clients who suffer:
- Brain injuries. Traumatic brain injuries (TBIs), even mild concussions, can have lasting effects on memory, behaviour, and personality.
- Broken bones. Fractures may require surgery, immobilization, and physical therapy, especially for complex or compound breaks.
- Spinal cord injuries. Partial or full paralysis, chronic pain, and mobility loss often result from serious back or neck trauma.
- Soft tissue damage. Sprains, strains, and ligament injuries are common in car and fall accidents and can take longer to heal than expected.
- Burn injuries. Chemical, electrical, or fire burns may involve lengthy hospital stays and reconstructive procedures.
- Facial injuries. Lacerations, broken noses, and dental trauma can lead to scarring or long-term functional issues.
- Psychological injuries. Anxiety, depression, and PTSD are legitimate injuries that deserve compensation and treatment just like physical harm.
Each injury type presents its own challenges, and we work closely with medical professionals, life care planners, and financial experts to ensure no part of your recovery is overlooked. We also lean on our more than 50 years of combined experience to seek full compensation for you.
At Flaxman Law Group, our team is committed to seeking the compensation you deserve. We offer free consultations, and you pay no legal fees unless we recover money for you. If you or someone you love has been injured in Florida, contact us today to speak with a member of our team. In a free, no obligation consultation, we’d be pleased to review your rights, options, and the strength of your potential claim. Our goal is to empower you with the information you need to make decisions about what’s right for your future.
FREE CASE REVIEW
50+ Years of Combined Experience,
Personal Attention to Every Case
Testimonials
4.9
(386 Reviews)
"Friendly and professional customer service. From the receptionist to the paralegals, everyone makes you feel comfortable. Best firm I’ve ever dealt with."
- Catherine M.
"Thank you! This guy is great and really knows what he is doing. I've had to hire several people throughout the years for similar services and Mr. Flaxman is the best by far. I would recommend him to anyone.”
- Jeff W.
"Very prompt reply. Confident in his abilities. Educated me so I wasn't overwhelmed with the lingo. Very personable. Thank you again for helping me out Mr. Flaxman!!"
- Tayla M.
