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Personal Injury Practice

Miami Personal Injury Attorney

Serious injury representation across Miami-Dade, Broward, and South Florida since 1989. Plaintiff and defense representation with direct attorney involvement on every case.

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Florida cut the personal injury deadline in half. For accidents on or after March 24, 2023, HB 837 reduced the statute of limitations from 4 years to 2 under Fla. Stat. § 95.11(4)(a). Waiting can permanently bar the claim.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Boutique Practice

One attorney involved on every Miami case.

The Law Offices of Andre A. Rouviere is a boutique practice by design. Andre handles each consultation personally, reviews the medical records, drafts the demand or the answer, and appears in Miami-Dade court when the case requires it.

Calls reach Andre directly without a screening service or junior intake. The same attorney who takes the call handles the case through resolution, on either side.

Fla. Stat. § 95.11(4)(a)
2
Years to File a Florida Negligence Claim

Florida Cut the Deadline in Half

House Bill 837, signed on March 24, 2023, reduced Florida's negligence statute of limitations from four years to two. For accidents occurring on or after March 24, 2023, the deadline is two years. Claims arising before that date remain governed by the prior four-year period. The accident date matters as much as any other fact in the file.

Missing the deadline permanently bars the claim. The merit of the underlying case does not survive an expired statute of limitations, and courts do not extend it because an injured person did not know it had changed.

  • Negligence claims: 2 years for accidents on or after March 24, 2023
  • Accidents before March 24, 2023: the prior 4-year period may still apply
  • Wrongful death: 2 years under Fla. Stat. § 95.11(4)(d)
  • Claims against government entities in Florida carry their own notice requirements and shorter windows
  • Medical malpractice and intentional torts follow different deadlines
  • The two years runs from the date of the accident, not the date the injury was diagnosed

See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.

Personal Injury Areas

Injury Cases the Firm Handles in Miami-Dade

Each area below has its own page covering the specific legal framework, the insurance considerations, and the case-building approach involved. Plaintiff and defense work in every category, throughout Miami-Dade and Broward County.

Car Accidents

Rear-end, intersection, and disputed-liability collisions on I-95, the Palmetto, the Dolphin, and Miami surface streets. Florida no-fault PIP applies. Third-party claims when injuries cross the threshold.

Explore Car Accidents →

Truck Accidents

Commercial vehicle collisions with severe damages, layered insurance, federal motor carrier regulations, and corporate defendants. Port of Miami and interstate freight traffic.

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Motorcycle Accidents

Severe trauma cases with disputed visibility, contested fault, and significant long-term medical exposure. Florida does not require PIP coverage for motorcycles.

Explore Motorcycle Cases →

Pedestrian Accidents

Crosswalk collisions and roadway impact cases across Miami-Dade, involving disputed driver fault and Florida's modified comparative negligence standard.

Explore Pedestrian Cases →

Premises Liability

Slip and fall, unsafe property conditions, and negligent maintenance on Miami commercial and residential premises under Florida invitee and licensee law.

Explore Premises Cases →

Serious Injury Cases

Fractures, surgery, permanent impairment, and injuries crossing Florida's no-fault threshold. Cases requiring full third-party liability development.

Explore Serious Injuries →

Wrongful Death

Florida Wrongful Death Act claims under Chapter 768. Two-year limitations under Fla. Stat. § 95.11(4)(d). Personal representative requirement.

Explore Wrongful Death →

Insurance Disputes

Delays, undervaluation, denials, bad faith, and PIP litigation. Florida's HB 837 bad faith framework with notice and 90-day cure requirements.

Explore Insurance Disputes →
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Insurance carriers do not write fair offers on cases that look easy to defend, and the work to make a case look hard to defend is what produces the recovery.
Andre A. Rouviere · Attorney
Plaintiff & Defense Representation

Both Sides of Miami Injury Litigation

The firm represents injured parties pursuing claims, and it represents businesses, drivers, property owners, and insureds defending them. The strategy differs on each side. The underlying preparation does not.

Pursuing a Claim

Plaintiff Representation

  • Liability development and evidence preservation from day one
  • Florida PIP, UM/UIM, and third-party coverage analysis
  • 14-day medical treatment requirement and damages documentation
  • No-fault threshold development for non-economic damages
  • Demand package preparation, negotiation, and litigation
  • Catastrophic damages with life-care planning where indicated
Defending a Claim

Defense Representation

  • Liability defense and comparative fault under the HB 837 50% bar
  • Damages challenges including pre-existing condition analysis
  • No-fault threshold defense and admissibility motions
  • Discovery, IME coordination, and expert defense work
  • Settlement evaluation and offer of judgment strategy
  • Trial defense and post-judgment positioning
How Cases Are Built

What the Injury Work Really Involves

Personal injury cases are built on proof, timing, and pressure. Liability gets established early, the medical record gets developed properly, and the case posture determines whether the other side takes it seriously.

Liability

Liability is where the work begins. The Florida Traffic Crash Report, scene photographs, witness statements, vehicle damage, surveillance video from nearby Miami businesses, and accident reconstruction all matter. The first 30 days often determine whether liability is clear or contested. Cases with clear liability move faster and recover more on the plaintiff side. Cases with disputed liability create defense leverage. Surveillance footage is frequently overwritten within days, so the request has to go out early.

Medical Treatment & Documentation

Florida's 14-day PIP requirement under Fla. Stat. § 627.736 is strict. The treatment record drives both the PIP recovery and the third-party liability claim. In serious cases, that record often begins at the Ryder Trauma Center at Jackson Memorial, the only Level I trauma center in Miami-Dade County, and continues through months of follow-up care. Gaps in treatment, inconsistent records, and undocumented complaints reduce case value on the plaintiff side and create cross-examination opportunities on the defense side. For a walk-through of the first 72 hours, see our guide on what to do after a car accident in Florida.

Damages Development

Damages development is where most of the case value is built or lost. Past medical expenses, future medical care, lost wages, lost earning capacity, and pain and suffering each carry their own proof requirements. Future medical care typically requires expert testimony. Lost earning capacity in serious cases requires vocational expert work. Pain and suffering depends on the medical record and the documented impact on the person's life, and that documentation has to happen as it occurs rather than being reconstructed later.

Carriers respond to documents, not phone calls. The demand package or the answer is what they react to.

Demand Package or Answer

A complete demand package on the plaintiff side, or a disciplined answer with thorough discovery responses on the defense side, shapes settlement posture more than anything that comes later. Cases where the paper looked thin tend to produce weak resolutions.

Litigation in Miami-Dade

Most personal injury cases settle, and the ones that settle on favorable terms are the ones where both sides know the case will be tried if it does not resolve. Filing suit in the Eleventh Judicial Circuit, completing discovery, taking depositions, and pushing toward trial at the Miami-Dade County Courthouse often produces the resolution. The settlement that reflects fair value typically comes when both sides can see the case is being prepared seriously.

Common Questions

What Injured Miami Clients Ask First

Right After the Accident
I was just in a car accident in Miami. What do I do in the first 24 hours?+
Get medical attention, even if you feel fine. Adrenaline masks injury, and soft tissue and head injuries frequently present a day or two later. Make sure a Florida Traffic Crash Report was completed and get the report number. Photograph the vehicles, the scene, the road, the traffic controls, and any visible injuries. Get contact information for witnesses, because they scatter quickly and are difficult to find afterward. Do not give a recorded statement to any insurance carrier, including your own, before you understand what is being asked. Do not sign a release. Note any nearby businesses that may have surveillance cameras pointing at the scene, since that footage is often overwritten within days. Then call a lawyer. See our guide on what to do after a car accident in Florida for the full walk-through.
What is the 14-day rule in Florida and what happens if I miss it?+
Florida's PIP statute, Fla. Stat. § 627.736, requires an injured person to seek initial medical treatment within 14 days of the accident. Miss that window and you can forfeit your PIP benefits entirely, which is $10,000 of coverage that pays regardless of who caused the crash. This catches people who felt fine at the scene, went home, and only started hurting a week or two later. The 14 days runs from the date of the accident, not from the date symptoms appeared. If you are near the deadline, go to a doctor, an urgent care, or an emergency room rather than waiting for an appointment.
Should I talk to the insurance company before hiring an attorney?+
Generally no, on the plaintiff side. The adjuster who calls the day after your accident sounds helpful and is trained to sound that way. Statements made to carriers before counsel is involved are routinely used to reduce or deny the claim, and a recorded statement is a permanent record of you describing your injuries before you knew what they were. Signed releases are difficult to undo. You are required to cooperate with your own carrier, but cooperation is not the same as giving a recorded statement on the spot. Speaking with a lawyer before engaging the carrier protects the claim and its value. Initial consultations are confidential and carry no obligation to retain.
Deadlines and Florida Law
How long do I have to file a personal injury claim in Florida?+
For accidents occurring on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut the deadline in half from the prior 4-year period. Accidents that occurred before March 24, 2023 may still be governed by the old 4-year period, so the date of the accident is one of the first things to confirm. Wrongful death is 2 years under Fla. Stat. § 95.11(4)(d). Claims against government entities in Florida carry their own notice requirements and shorter windows. Medical malpractice and intentional torts follow different deadlines. Missing the statute of limitations permanently bars the claim, regardless of how strong it was. See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.
What changed under Florida's HB 837 tort reform?+
HB 837, signed March 24, 2023, made several changes that affect nearly every Florida injury claim. It cut the negligence statute of limitations from 4 years to 2. It shifted Florida from pure comparative negligence to modified comparative negligence, meaning a plaintiff found more than 50 percent at fault now recovers nothing, where previously they could still recover a reduced amount. It changed the evidence rules for proving medical expenses. And it added notice and 90-day cure requirements before a bad faith claim can be brought against an insurance carrier. Injured plaintiffs have less time and face more procedural hurdles. Defendants and insurers gained meaningful protections. Cases now need to be built more carefully and started sooner.
Can I still recover if the accident was partly my fault in Florida?+
Yes, up to a point. Florida now follows modified comparative negligence under HB 837. If you are found 50 percent or less at fault, you can recover, but your recovery is reduced by your percentage of fault. If you are found more than 50 percent at fault, you recover nothing. That 50 percent line is now one of the most contested numbers in Florida injury cases, because it separates a reduced recovery from no recovery at all. Insurance carriers understand this and will work to push a plaintiff over the line. Liability development in the first 30 days is what prevents that.
What is Florida's no-fault threshold and why does it matter?+
Florida's no-fault threshold under Fla. Stat. § 627.737 controls when an injured person can sue the at-fault driver for pain, suffering, and other non-economic damages. The threshold requires 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. Cases that meet the threshold can pursue full third-party damages against the driver who caused the crash. Cases below it are generally limited to PIP and medical payment benefits, which cap out quickly. Whether an injury crosses the threshold is a medical question with legal consequences, and it usually turns on how thoroughly the treating physicians documented permanency.
Insurance and Money
What if the driver who hit me has no insurance?+
This happens frequently in Florida, because Florida does not require drivers to carry bodily injury liability insurance. A driver can be fully legal on Florida roads with no coverage to pay for injuries they cause. When that happens, the first-party coverages become the case: your own PIP, any medical payments coverage, and your uninsured and underinsured motorist coverage. UM and UIM coverage is frequently the primary recovery vehicle in these cases, and many people are unaware they carry it. Pull your own policy declarations page before assuming there is no recovery available.
What does it cost to hire a personal injury attorney in Miami?+
Plaintiff personal injury cases are typically handled on contingency. The attorney is paid a percentage of the recovery only if there is a recovery, and there is no fee paid up front. Case costs such as filing fees, record charges, and expert fees are typically advanced by the firm and reimbursed at resolution. If there is no recovery, the arrangement is discussed openly at the outset. Defense representation is structured differently, typically hourly or on a flat fee. The specifics are discussed at the initial consultation, which is free.
The insurance company already offered me money. Should I take it?+
An early offer usually arrives before anyone knows what the case is worth. Case value cannot be evaluated accurately until medical treatment is complete or the condition has stabilized, because until then nobody knows what the future medical care, the permanency, or the lost earning capacity looks like. Accepting an offer means signing a release, and a release ends the claim permanently. If the injury turns out to be worse than it appeared at week three, there is no going back. Have someone evaluate the offer against the medical record before you sign anything.
The Case Itself
How long does a personal injury case take in Miami-Dade?+
It varies, and the medical treatment usually sets the pace. Cases that resolve through pre-suit demand and negotiation typically take 6 to 12 months from the conclusion of treatment. Cases that require filing suit in the Eleventh Judicial Circuit typically run 12 to 24 months. Complex cases with serious injuries, multiple defendants, or contested liability can run longer. Full medical treatment and stabilization is the gating factor on the plaintiff side, because case value cannot be evaluated accurately until treatment is complete or stable. Resolving before that point usually means leaving value on the table.
Where would my injury case be filed in Miami-Dade?+
Civil injury cases in Miami-Dade County are filed in the Eleventh Judicial Circuit of Florida. Cases seeking damages above the county court jurisdictional limit proceed in circuit civil, heard at the Miami-Dade County Courthouse on West Flagler Street in downtown Miami. Smaller claims proceed in county court. Which division a case lands in affects the discovery schedule, the trial timeline, and the practical posture of settlement negotiations. Most personal injury cases involving surgery, permanent impairment, or significant lost earnings are circuit civil matters.
Will I work with Andre, or get handed off to someone else?+
You work with Andre. The firm is a boutique practice by design. Andre conducts each consultation, reviews the medical records, drafts the demand package or the answer, takes the depositions, and appears in court personally. There is no junior attorney or settlement coordinator running the case out of view. The same attorney who takes the first call is the attorney who handles it through resolution. The caseload is kept where it is so that stays true.
Does the firm represent both injured people and defendants?+
Yes. The firm represents injured parties pursuing claims, and it represents drivers, businesses, property owners, and insureds defending them. Each side calls for different strategy, but the underlying preparation is the same. Knowing how the other side builds a file is useful when you are on either one. Conflicts are screened at intake on every matter.
Do I have a case if I was hurt but the police did not write a report?+
Possibly. A Florida Traffic Crash Report is useful evidence and its absence makes liability harder to establish, but it is not a legal requirement for bringing a claim. Liability can be proven through witness testimony, photographs, vehicle damage patterns, surveillance video, cell phone records, and accident reconstruction. What matters more than the report is how quickly the other evidence gets preserved. Slip and fall and premises cases frequently have no report at all and are still litigated successfully on the strength of incident reports, maintenance records, and surveillance footage.
Speak With Andre

Direct attorney access at (305) 774-7000

Florida's two-year deadline applies to accidents on or after March 24, 2023, and it is strict. The 14-day PIP window is shorter. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.

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