What to Do After a Personal Injury Accident in Miami, FL: Your Step-by-Step Guide

Whether you’re rear-ended on the I-95, slip and fall in a Miami supermarket, or are injured due to someone else’s negligence in any form, a personal injury accident can leave you shaken, hurt, and uncertain of your next steps. Knowing what to do immediately after an accident can make all the difference in protecting your health, rights, and ability to pursue compensation.

At Charles Injury Law, we’ve helped countless Miami residents and visitors navigate the aftermath of personal injury incidents. This comprehensive guide outlines what to do after a personal injury accident and includes key steps, legal tips, and answers to frequently asked questions.


Step 1: Prioritize Your Health and Safety

Seek Immediate Medical Attention

Your health is your top priority. Even if you feel “okay” after an accident, adrenaline may be masking serious injuries like concussions, whiplash, or internal bleeding.

Pro tip: Visit an ER, urgent care, or your primary care physician within 14 days of the incident—especially if you’re considering filing a personal injury claim in Florida. This is critical under Florida’s Personal Injury Protection (PIP) law, which requires prompt treatment to access insurance benefits.


Step 2: Call the Authorities

File a Police Report

If your accident involves a vehicle or occurs in a public place, call 911 or local law enforcement. A police report provides an official record, which can be a critical piece of evidence in your personal injury case.

In Miami-Dade County, officers with the Miami Police Department or Florida Highway Patrol may respond, depending on your location.


Step 3: Document the Scene (If Safe)

While waiting for authorities or medical help:

  • Take photos and videos of injuries, the accident scene, damage, skid marks, road conditions, signage, etc.

  • Collect witness information (names, phone numbers).

  • Exchange contact and insurance details with any involved parties (in auto accidents).

Note: Avoid making statements like “I’m sorry” or “I didn’t see you,” which could be interpreted as admitting fault.


Step 4: Notify Your Insurance Company

If you were involved in an auto accident or have applicable insurance, notify your provider. Be factual but do not admit fault or provide a recorded statement without first speaking to a personal injury attorney.


Step 5: Keep a Record of Everything

Start a file for your accident-related documents, including:

  • Medical records and bills

  • Police reports

  • Photos and videos

  • Insurance correspondence

  • Receipts for any out-of-pocket expenses (prescriptions, travel, etc.)

  • Journal entries about your recovery and pain levels

These records support your case and help calculate damages accurately.


Step 6: Consult a Miami Personal Injury Lawyer

Why Legal Help Matters

Florida’s legal system, especially with its comparative negligence rule (as of 2023), can complicate personal injury claims. Under this rule, your compensation can be reduced by your percentage of fault—or barred entirely if you are found more than 50% at fault.

An experienced personal injury lawyer in Miami can help you:

  • Determine if you have a viable case

  • Navigate insurance negotiations

  • Gather strong evidence

  • Avoid costly mistakes

  • File a lawsuit within the statute of limitations (typically 2 years from the date of injury)

At Charles Legal PLLC, we offer free consultations and don’t collect a fee unless we win your case.


Common Types of Personal Injury Accidents in Miami

  • Car, truck, and motorcycle accidents

  • Slip and fall or trip and fall incidents

  • Boating and watercraft accidents

  • Pedestrian and bicycle collisions

  • Dog bites

  • Construction and workplace injuries

  • Medical malpractice

  • Product liability

Each type comes with its own legal nuances, making professional legal guidance essential.


How Much is Your Case Worth?

Damages in a personal injury case may include:

  • Medical expenses (current and future)

  • Lost wages and diminished earning capacity

  • Pain and suffering

  • Property damage

  • Emotional distress

  • Loss of enjoyment of life

  • Wrongful death damages (for surviving family members)

A personal injury attorney will evaluate your unique situation and advocate for maximum compensation.


FAQs: What to Do After a Personal Injury Accident

Q1: Should I speak with the other party’s insurance company?

A: Not without consulting an attorney. Insurance adjusters may attempt to get you to make statements that reduce their liability or offer lowball settlements.


Q2: What if I’m partially at fault? Can I still recover damages?

A: Possibly. Under Florida’s modified comparative negligence rule, you can still recover damages if you’re 50% or less at fault. However, your award will be reduced by your percentage of fault.


Q3: How long do I have to file a personal injury lawsuit in Florida?

A: In most cases, 2 years from the date of the accident (as of Florida’s revised laws in 2023). It’s critical to act quickly, especially as evidence can disappear and memories fade.


Q4: What does it cost to hire a personal injury lawyer in Miami?

A: At Charles Legal PLLC, we work on a contingency fee basis—meaning you pay nothing upfront. We only get paid if we recover compensation for you.


Q5: What if I was injured while visiting Miami from out of state?

A: You can still pursue a claim under Florida law. Our firm represents both Florida residents and out-of-state visitors who are injured while in Miami.


What NOT to Do After a Personal Injury Accident

Avoid these common missteps:

  • Don’t delay medical care – It may hurt your health and your claim.

  • Don’t post on social media – Photos, check-ins, or comments can be used against you.

  • Don’t sign documents without understanding them – Especially insurance releases or waivers.

  • Don’t assume you don’t have a case – Even seemingly minor injuries can evolve into serious issues.


Why Choose Charles Legal PLLC?

Our team at Charles Injury Law has built a reputation for aggressive advocacy, compassionate client care, and successful outcomes. We are based in Miami and understand the unique challenges personal injury victims face in South Florida.

When you work with us, you can expect:

✅ Free initial consultation
✅ No fees unless we win
✅ Bilingual legal services (English and Spanish)
✅ Local knowledge of Miami courts and insurance companies
✅ A team that treats you like family, not just another case


Final Thoughts

A personal injury accident can turn your life upside down in an instant—but you don’t have to face the aftermath alone. Taking swift and smart action after an accident not only protects your health but also lays the groundwork for a successful personal injury claim.

If you or a loved one has been injured due to someone else’s negligence in Miami, contact Charles Injury Law today for a free consultation. We’re here to fight for the justice and compensation you deserve.