Miami, Florida
Personal Injury Attorneys Serving Miami, Miami-Dade County
Representation for Florida auto accidents, slip-and-falls, and other injury claims, handled on a contingency basis. No recovery, no fee. Costs and expenses may apply. Most of the Miami injury calls we take started on I-95, the Florida Turnpike, and the Palmetto Expressway. Florida's 14-day PIP treatment clock runs from the moment the crash report is written, so the day a Miami client calls is the day we walk through what needs to happen next.
How we approach personal injury matters in Miami
Miami is four hours south of our Lutz office. That distance means almost every Miami matter we handle runs remotely from intake through resolution. David Walkowiak holds Florida Bar Board Certification in Real Estate Law, a statewide credential honored in every Florida county. Gwen Walkowiak drafts Florida estate plans that work as well in Miami Beach as they do in Tampa Bay, because Florida homestead and probate statutes apply the same way across all sixty-seven counties. Miami clients who find us usually come through a referral from someone we closed a deal for years ago in another part of the state.
Miami-Dade County courts and local practice notes
Miami-Dade runs one of the busiest PIP dockets in Florida, and civil injury work is heard at the Lawson E. Thomas Courthouse Center downtown. The volume alone shapes how cases move.
Directions from Miami: Our office is in Lutz, a suburb north of Tampa. For Miami clients, the drive is about four hours south via I-75 and the Florida Turnpike. We almost never ask Miami clients to make that drive. Initial consultations happen by phone or Zoom. Closings run through secure e-signing and wire coordination with the Miami area title company of choice. Strategy calls and document review happen remotely. If an in person meeting is needed, we travel or we meet by video.
About our personal injury practice
Personal injury cases are about paying the bills an accident made inevitable. Medical bills, lost wages, long-term care, and the real cost of lost function add up fast, and the person who caused the accident should not be allowed to leave you to absorb the loss. Florida’s laws make that process more complicated than most clients expect, which is the reason to hire counsel early.
Florida’s two-year statute of limitations (post-HB 837)
For accidents on or after March 24, 2023, you have two years from the date of injury to file most negligence-based personal injury claims in Florida. That is the deadline under HB 837, which amended Fla. Stat. § 95.11(3)(a) and cut the old four-year window in half for auto accidents, slip-and-falls, and other general negligence cases.
For accidents before March 24, 2023, the older four-year rule still controls. Older injuries that were not yet filed when the law changed kept their original four-year deadline under Florida’s savings-clause principles, so the right answer depends on exactly when your accident happened.
Other deadlines that have not changed: medical malpractice is two years from discovery (with a four-year outer limit), wrongful death is two years from the date of death, and claims against the state or a subdivision require earlier notice under sovereign-immunity rules.
Once the statute runs, your claim is gone. Waiting is never the right strategy, especially now that most new claims have half the time they used to.
Florida’s no-fault PIP system
Florida requires every driver to carry $10,000 in Personal Injury Protection (PIP) coverage. After an accident, your own PIP pays first for 80% of your medical bills and 60% of your lost wages up to the policy limit, regardless of who caused the crash. That sounds simple until you actually use it.
PIP disputes are a routine part of what we do. Insurance carriers deny, delay, and under-pay PIP benefits, and the rules about medical reviews, examinations under oath, and independent medical exams are a maze for people who haven’t practiced in them.
When you can sue the at-fault driver
Because Florida is no-fault, you can only pursue the at-fault driver directly when your injuries cross a “serious injury threshold”:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
These determinations are medical, not legal, and they depend entirely on your records and the testimony of treating physicians.
Cases we handle
- Automobile accidents
- Motorcycle collisions
- Truck accidents
- Boating wrecks
- Premises liability (slip and fall, dog bites, inadequate security)
- Wrongful death
What to do right now, if you can
- Get medical attention. Your health is the first priority, and contemporaneous medical records are the backbone of any injury claim.
- Document the scene. Photographs, witness contact information, vehicle positions.
- File a police report. Even for minor accidents.
- Notify your own insurance carrier. Do not give a recorded statement to the other driver’s insurance without speaking to a lawyer first.
- Call us for a case evaluation. We will tell you honestly whether you have a claim.
Results depend on the specific facts and circumstances of each case and cannot be guaranteed.
Common questions
Frequently asked about personal injury in Miami
Do I have to come to Lutz for a Miami personal injury case?
Almost never. The first conversation is by phone or video, our team collects the medical records, and settlement talks happen remotely. Most Miami injury cases resolve without the client ever setting foot in our office.
How long do I have to file a personal injury claim in Florida?
For accidents on or after March 24, 2023, Florida's statute of limitations for most negligence-based personal injury claims is two years from the date of injury (HB 837, Fla. Stat. section 95.11(3)(a)). For accidents before that date, the older four-year rule still applies. Medical malpractice and wrongful death generally run two years. Miss the deadline and your claim is permanently barred, so confirm which rule applies to your specific accident as early as possible.
Florida is a no-fault state. What does that mean for me?
Florida requires drivers to carry Personal Injury Protection (PIP) with a minimum of $10,000 in coverage. Your own PIP pays first for medical bills and lost wages regardless of fault. Only when injuries cross a "serious injury threshold" can you pursue the at-fault driver directly.
What counts as a "serious injury" in Florida?
Significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Your medical records are the core evidence for this.
How much does a personal injury attorney cost?
We handle personal injury matters on a contingency basis. No recovery, no fee. Costs and expenses may apply, and we'll explain exactly what that means during the initial consultation.
What should I do right after an accident?
Call the police, get medical attention, photograph the scene and injuries, get witness contact information, notify your insurance carrier, and do not give a recorded statement to the other driver's insurance without speaking to a lawyer first.
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