Miami-Dade personal injury lawyers at Berger & Hicks represent people hurt in car accidents, slip and falls, medical malpractice, and other cases caused by someone else's negligence across Miami-Dade County.
The firm focuses on Homestead, West Kendall, and the South Miami-Dade suburbs, and its two partners work directly with clients from the first call through resolution.
Most people searching for a Miami-Dade personal injury lawyer assume the term applies mainly to car crashes, but Florida law covers a much wider range of harm, from a defective product to a hospital error to a dog bite at a neighbor's cookout.
Call (305) 670-7050 for a free case review to find out whether your situation qualifies as a personal injury claim under Florida law.
How Is Handling a Personal Injury Claim at Berger & Hicks Different From a High-Volume Firm?
Berger & Hicks keeps a caseload small enough that Martin Berger and Zachary Hicks personally handle client calls, case strategy, and negotiations. Neither partner delegates a Miami-Dade personal injury case to a case manager or a junior associate.
That structure shapes what happens from the moment a prospective client calls the office.
Two Partners With Close to Three Decades of Trial Experience Each
Martin Berger and Zachary Hicks each bring thirty years of litigation experience to a Miami-Dade personal injury claim, and both partners try cases in front of a jury when an insurer refuses a fair number.
That trial history factors into how an insurance company responds to a demand letter from this firm.
What Counts as a Personal Injury Case in Miami-Dade?
A personal injury case in Miami-Dade covers any injury caused by another person's or company's carelessness, not just car accidents. Florida law recognizes claims ranging from crash injuries to defective products to medical errors, and each type follows its own legal standard.
Berger & Hicks reviews a range of personal injury case types across Miami-Dade County.
- Motor vehicle accidents happen when a negligent driver strikes a car, motorcycle, pedestrian, or cyclist.
- Slip and fall or trip and fall injuries happen when a hazard at a store, apartment complex, or public building goes uncorrected.
- Medical malpractice cases involve a misdiagnosis, a surgical error, or a medication mistake by a healthcare provider.
- Wrongful death cases arise when a family member dies because of another party's negligence.
- Product liability cases involve a defective vehicle part, appliance, or consumer product that causes an injury.
Cases Miami-Dade Residents Don't Realize Count as Personal Injury
A personal injury claim in Florida covers more situations than most people expect, well beyond a car crash or a fall at a store. Recognizing an overlooked case type early keeps a filing deadline from passing unnoticed.
A few scenarios get missed often enough that Berger & Hicks flags them specifically for Miami-Dade clients.
- A dog bite at a friend's house or a neighbor's cookout counts as a personal injury case when the dog owner knew about a bite history or failed to restrain the animal.
- An assault in a poorly lit apartment parking lot or shopping plaza may support a negligent security claim against the property owner rather than only the person who committed the assault.
- A hospital-acquired infection or a missed diagnosis that worsens an existing condition may qualify as medical malpractice.
- A defective ladder, space heater, or other consumer product that causes a burn or fall injury may support a product liability claim.
- An accident caused by an uninsured or underinsured driver shifts a claim toward the injured person's own insurance policy.
Who Can Be Held Liable for a Personal Injury in Miami-Dade County?
Liability in a Miami-Dade personal injury case falls on whichever person or company caused the harm through carelessness or a failure to meet a safety duty. The responsible party changes based on the type of case and where the injury happened.
- Drivers cause a crash through distraction, speeding, or failing to yield.
- Property owners, landlords, and business tenants bear responsibility when they ignore a hazard on their premises.
- Doctors, nurses, and hospitals bear responsibility when they deviate from an accepted standard of care.
- Manufacturers and distributors bear responsibility when they sell a defective or poorly designed product.
- Employers bear responsibility when an employee causes harm while working within the scope of the job.
More than one party often shares fault in a Miami-Dade personal injury case, and identifying every liable party affects how much insurance coverage is available to fund a claim.
How Much Is a Personal Injury Claim Worth in Miami-Dade?
A personal injury claim's value in Miami-Dade depends on the severity of the injury, the strength of the liability evidence, and the insurance coverage available, not a fixed formula. An injured person may be entitled to compensation once negligence is proven, though Florida law does not guarantee a specific dollar amount in advance.
- The type and length of medical treatment affects a claim's value, including surgery, physical therapy, or ongoing care needs.
- Lost income from missed work, plus any reduction in future earning capacity, factors into the total claim value.
- A permanent limitation or noticeable scarring generally increases a claim's value.
- Clear evidence pointing to the other party's fault strengthens a claim's value.
- The total insurance coverage available from all liable parties limits what a claim may realistically recover.
A claim built on strong documentation from the start generally reflects the true cost of an injury more accurately than one pieced together months later.
How Long Do You Have to File a Personal Injury Claim in Florida?
Florida law gives an injured person 2 years from the date of injury to file most personal injury claims under the state's statute of limitations for negligence actions. The deadline shifts for a few specific case types, which makes confirming the exact filing window worth doing early.
| Case Type | Typical Filing Deadline | Note |
|---|---|---|
| Car accidents and general negligence | 2 years from the date of the crash | Runs under Florida's general negligence statute of limitations |
| Medical malpractice | 2 years from discovery of the injury | Subject to a separate presuit investigation requirement before filing |
| Wrongful death | 2 years from the date of death | Filed by the personal representative of the estate under Florida's Wrongful Death Act |
| Claims against a government entity | Shorter than the standard deadline, with an early notice requirement | Requires written notice to the government agency before filing suit, under Florida's sovereign immunity rules |
These deadlines run independently of each other, so a case involving both a driver and a hospital may carry two separate filing clocks that need tracking at the same time.
Why Two Separate Deadlines Can Apply to One Miami-Dade Accident
A single accident sometimes involves more than one potential defendant, like a driver and the property owner where a crash occurred. Each defendant's claim may run on its own filing clock, which makes tracking every applicable deadline worth doing early rather than assuming one date covers the whole case.
Personal injury lawsuits in Miami-Dade County are generally filed with the Miami-Dade Clerk of the Courts, which handles case filings for the Eleventh Judicial Circuit.
Do You Need to Prove Fault After a Car Accident in Miami-Dade?
Florida operates under a no-fault insurance system, so a driver typically turns to personal injury protection (PIP) coverage first, regardless of who caused the crash. Stepping outside that system to sue the at-fault driver directly generally requires meeting Florida's permanent injury threshold.
PIP coverage, required under Florida's no-fault law, pays a portion of medical bills and lost wages after a crash regardless of fault. A driver whose injury reaches a permanent level, such as significant scarring or a permanent limitation, may pursue a claim against the at-fault driver beyond PIP.
Once a claim moves beyond PIP, Florida's modified comparative negligence rule under Florida Statute 768.81 reduces compensation by an injured person's share of fault, and bars recovery entirely for someone found more than 50 percent responsible.
What Happens If You Are Partly at Fault for the Crash
Fault gets assigned as a percentage in a Florida personal injury case, and that percentage reduces the final settlement or verdict amount. A driver found more than 50 percent responsible for causing the crash is barred from recovering damages under current Florida law.
A phone call to (305) 670-7050 puts a Berger & Hicks partner on the details of a Miami-Dade crash claim directly, without a call center screening the conversation first.
What Do You Do After Reporting an Injury to Get Proper Care and Documentation?
Getting consistent medical follow-up and organizing paperwork after an injury protects both your health and a future Miami-Dade personal injury claim. These steps apply once you are home and stable, after emergency needs are addressed.
- Keep every follow-up appointment, even for symptoms that seem minor at first.
- Track missed workdays, reduced hours, and any change in job duties tied to the injury.
- Photograph visible injuries as they heal, and keep damaged property, like torn clothing or a broken phone.
- Save every bill, receipt, and insurance letter related to the injury in one place.
- Avoid giving a recorded statement to any insurance company before discussing the claim with a lawyer.
Consistent documentation from the first week on tends to carry more weight with an insurer than a strong argument made months after treatment ends.
Contingency Fees Let You Hire a Personal Injury Lawyer Without Paying Upfront
Hiring a personal injury lawyer at Berger & Hicks costs nothing upfront, since the firm works on a contingency fee basis across Miami-Dade County. Legal fees come out of a settlement or verdict, not out of pocket, and a free case review carries no obligation.
How a Contingency Fee Works in a Personal Injury Case
A contingency fee means Berger & Hicks only collects a fee if a case results in compensation, whether through a settlement or a jury verdict. Case costs, like filing fees or expert review, are generally handled by the firm as the case moves forward.
Ask Berger & Hicks About Personal Injury Claims in Miami-Dade
What if the accident happened outside Miami-Dade, but I live here?
Living in Miami-Dade does not limit where a personal injury case may be filed, since jurisdiction generally follows where the injury happened. A Miami-Dade personal injury lawyer may still handle a case that occurred elsewhere in Florida, depending on the facts.
Do I have a case if the insurance company already offered me a settlement?
An initial settlement offer is not a final answer, and accepting one before understanding the full cost of an injury may close out a claim too early. Reviewing an offer with a lawyer before signing protects against giving up compensation you have not yet calculated.
What happens if I was hurt while working, but a third party caused the accident?
A workplace injury caused by someone outside your employer, like a delivery driver or a contractor, may support a personal injury claim in addition to a workers' compensation claim. These two claims run on separate tracks and do not automatically cancel each other out.
Do I still have a case if the police report blames me for the accident?
A police report reflects one officer's account and does not decide fault in a civil personal injury claim. Additional evidence, like witness statements or a data recorder in a vehicle, may support a different version of events.
Does Berger & Hicks handle personal injury cases outside West Kendall and Homestead?
Yes, Berger & Hicks reviews personal injury cases throughout Miami-Dade County, with particular focus on Homestead, West Kendall, and the surrounding South Miami-Dade suburbs. Case location factors into strategy, but it does not decide whether the firm reviews a case.
How long does a personal injury case in Miami-Dade generally take to resolve?
Most personal injury cases resolve within several months to about two years, depending on how long medical treatment lasts and whether the insurer negotiates in good faith. A case that proceeds to trial generally takes longer than one resolved through settlement.
Do I need a police report to file a personal injury claim?
No, a police report is not required to file a personal injury claim, though it often provides useful documentation when one exists. Witness statements, photographs, and medical records may support a claim even without a formal report.
What if the at-fault party has no insurance or limited coverage?
A personal injury claim may still move forward against an at-fault party without insurance, though collecting compensation becomes harder without a policy to draw from. Depending on the case type, an injured person's own uninsured motorist or umbrella coverage may fill part of the gap.
What if I already talked to another lawyer about my personal injury case?
Talking with another lawyer generally does not create an obligation to hire that firm, and a person may switch lawyers before signing a retainer agreement. Reviewing more than one option before deciding is normal and does not weaken a personal injury claim.
Get a Miami-Dade Personal Injury Lawyer on Your Case Today
A claim that looks small at first, like a fender bender or a short hospital stay, sometimes carries more value than the initial paperwork suggests.
Berger & Hicks reviews Miami-Dade personal injury cases directly with Martin Berger or Zachary Hicks, without routing a call through an intake team first.
Call (305) 670-7050 to find out what your case involves for free.