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Personal Injury Practice

Personal Injury in Miami, Florida

Serious personal injury representation across South Florida since 1989. Plaintiff and defense representation with direct attorney involvement on every case.

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Florida personal injury claims now have a 2-year statute of limitations. HB 837 (March 24, 2023) cut the deadline in half 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 case.

Most personal injury firms operate on volume. Initial consultations happen with intake staff. Cases are assigned to junior attorneys or paralegals who handle settlement negotiations. The named attorney rarely touches the file. The Law Offices of Andre A. Rouviere operates differently. Andre conducts each consultation, reviews the medical records, drafts the demand or the answer, takes the depositions, and appears in court personally.

Calls reach Andre directly. There is no intake center, no automated routing, no junior attorney screening. The same attorney who takes the call handles the case through resolution, on either side of the v.

Personal Injury Areas

Cases the Firm Handles

Each area below has its own page with the specific legal framework, insurance considerations, and case-building approach involved. Plaintiff and defense work in each category.

Car Accidents

Rear-end, intersection, and disputed-liability collisions. Florida no-fault PIP applies. Third-party liability claims when injuries cross the threshold.

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Truck Accidents

Commercial vehicle collisions with severe damages, layered insurance, federal motor carrier regulations, and corporate defendants.

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Motorcycle Accidents

Severe trauma cases with disputed visibility, contested fault, and significant long-term medical and recovery exposure.

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Pedestrian Accidents

Crosswalk collisions, roadway impact cases, and serious injury claims involving disputed driver fault and Florida comparative negligence.

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Premises Liability

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

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Serious Injury Cases

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

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Wrongful Death

Florida Wrongful Death Act claims under Ch. 768. 2-year limitations under Fla. Stat. § 95.11(4)(d). Personal representative requirement.

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Insurance Disputes

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

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Insurance carriers do not write fair offers on cases that look easy to defend. 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 Personal Injury Litigation

The firm represents both injured parties pursuing claims and businesses, drivers, property owners, and insureds defending claims. The strategy is different on each side, but the underlying preparation and discipline is the same.

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 strategy 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 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 Actually Is

Personal injury cases are built on proof, timing, and pressure. The cases that produce strong recoveries (or strong defenses) are the ones where liability was nailed down early, the medical record was developed properly, and the case posture made the other side take it seriously. Five areas drive the work.

The first area is liability. Police reports, scene photographs, witness statements, vehicle damage, surveillance video, 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.

The second area is medical treatment and 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. Gaps in treatment, inconsistent records, and undocumented complaints all reduce case value on the plaintiff side and create cross-examination opportunities on the defense side.

The third area is damages development. Past medical expenses, future medical care, lost wages, lost earning capacity, and pain and suffering. Each category has its own proof requirements. Future medical care typically requires expert testimony. Lost earning capacity requires vocational expert work in serious cases. Pain and suffering depends on the medical record and the client's actual life impact.

The fourth area is the demand package or the answer and discovery responses. Carriers respond to documents, not phone calls. A complete demand package on the plaintiff side, or a disciplined answer with thorough discovery responses on the defense side, is what shapes settlement posture. Cases where the paper looked thin tend to produce weak resolutions.

The fifth area is litigation readiness. Most personal injury cases settle. The cases that settle on favorable terms are the ones where both sides know the case will actually be tried if it cannot be resolved. Filing suit, completing discovery, taking depositions, and pushing toward trial often produces the resolution; the settlement that reflects fair value typically comes when both sides see the case is being prepared seriously.

Common Questions

Frequently Asked Questions

Does the firm represent both plaintiffs and defendants?+
Yes. The firm represents both injured parties pursuing claims and businesses, drivers, property owners, or insureds facing claims. Each side requires different strategy, but the underlying preparation, document review, and disciplined approach to the case is the same. Conflicts are screened at intake on every matter.
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. Wrongful death is also 2 years under Fla. Stat. § 95.11(4)(d). Some claims (medical malpractice, claims against government entities, intentional torts) follow different deadlines. Missing the statute of limitations permanently bars the claim.
What is Florida PIP and why does the 14-day rule matter?+
Florida PIP (Personal Injury Protection) under Fla. Stat. § 627.736 is the no-fault coverage every Florida driver carries. It pays $10,000 in initial medical bills and lost wages regardless of fault. The 14-day rule requires the injured person to seek initial medical treatment within 14 days of the accident. Failing to meet the 14-day requirement can forfeit PIP benefits entirely. Early medical attention is both clinically and legally important.
What is the no-fault threshold and why does it matter?+
Florida's no-fault threshold under Fla. Stat. § 627.737 limits 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, significant scarring or disfigurement, or death. Cases that meet the threshold can pursue full third-party damages; cases below the threshold are generally limited to PIP and medical-payment benefits.
What changed under Florida's HB 837 tort reform?+
HB 837 (signed March 24, 2023) made several major changes affecting personal injury claims: cut the negligence statute of limitations from 4 years to 2 years; shifted Florida from pure to modified comparative negligence (50% at-fault bar); changed evidence rules for medical expense proof; and added notice and cure requirements for bad faith claims against insurance carriers. The cumulative effect is that injured plaintiffs have less time and face more procedural hurdles, while defendants and insurers gained meaningful procedural protections.
What does it cost to hire a personal injury attorney?+
Plaintiff personal injury cases are typically handled on contingency: the attorney is paid a percentage of the recovery only if there is a recovery. There is no upfront fee. Costs (filing fees, expert fees, deposition costs) are typically advanced by the firm and reimbursed at resolution. Defense representation is structured differently, typically on hourly or flat-fee arrangements. Specifics are discussed openly at the initial consultation.
Will I work directly with Andre on my case?+
Yes. The firm is intentionally a boutique practice. Andre conducts each consultation, drafts the demand package or the answer, takes the depositions, and appears in court personally. There is no junior attorney or settlement specialist running the case behind the scenes. The same attorney who takes the call handles the case through resolution.
Should I talk to the insurance company before hiring an attorney?+
Generally no, on the plaintiff side. Statements made to insurance carriers before counsel is involved are typically used to reduce or deny the claim. Recorded statements, casual phone conversations, and signed releases all carry consequences. Speaking with counsel before engaging the carrier protects the claim and the case value. Initial consultations are confidential and there is no obligation to retain.
What if the at-fault driver does not have insurance?+
Florida does not require bodily injury liability insurance, so uninsured drivers are common. The first-party recovery options become critical: the injured person's own PIP, medical-payment coverage, uninsured motorist, and underinsured motorist coverages can all apply. UM/UIM coverage is often the primary recovery vehicle when the at-fault driver has no liability coverage.
How long does a personal injury case take?+
It varies. Cases that resolve through pre-suit demand and negotiation typically take 6 to 12 months from the conclusion of medical treatment. Cases that require litigation 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 usually the gating factor on the plaintiff side; case value cannot be evaluated accurately until treatment is complete or stable.
Speak With Andre

Direct attorney access at (305) 774-7000

Florida's 2-year personal injury deadline is strict. Cases that resolve well are the ones where counsel was engaged early, the medical record was preserved, and the demand or the answer was built carefully. The first conversation is the right time to start, on either side of the v.

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