If you’ve been hurt while visiting Miami—whether in a car crash, a slip-and-fall at a hotel, or an accident on a cruise—Florida law gives you the right to seek compensation. But the clock is ticking, and the rules here may be very different from what you’re used to back home.
Here’s what you need to know right away:
- You can file a personal injury claim in Florida even if you live out of state or abroad.
- Most claims must be filed within two years, or one year for cruise ship injuries.
- Florida’s “no-fault” insurance law covers car accident injuries up to $10,000, but serious cases can go beyond that.
- You do not have to return to Florida; your Miami attorney can handle the case while you recover at home.
- Hiring a local Florida lawyer improves your chances of fair compensation and helps avoid costly mistakes.
This guide breaks down what to do after an injury, how Florida’s legal system works for tourists, and why choosing a local attorney matters.
At Stabinski Law, we’ve represented injured visitors from across the U.S. and around the world. We know how to fight for your rights—even after your vacation is over.
Miami Welcomes Millions—and Accidents Happen
With record-breaking tourism and the second-busiest cruise port in the world, Miami is packed with cars, people, and activity year-round. It’s no surprise that tourist-related accidents rise sharply during the high season. A recent analysis found a 12% jump in serious crashes across Florida during spring break alone.
Out-of-state visitors are especially vulnerable. You don’t know the roads. You’re relying on hotels, tour operators, and rental companies to keep you safe. When something goes wrong, Florida’s laws apply, not the ones you’re used to at home.
Common Injury Scenarios for Tourists in Miami
Rental Car Accidents
Tourists often rent cars, but that comes with risks. Florida’s aggressive drivers, confusing streets, and tourist-heavy traffic corridors contribute to a high incidence of collisions. And if your rental coverage is unclear or limited, receiving reimbursement can be challenging.
Slip-and-Falls at Hotels or Restaurants
Injury cases often arise from wet pool decks, poor lighting, broken stairs, or uneven flooring. These premises liability claims fall under Florida law, which requires property owners to maintain reasonably safe conditions.
Cruise Ship Injuries
PortMiami handles over 7.5 million passengers annually. If you’re hurt onboard or during a cruise-sponsored excursion, your case likely falls under federal maritime law, not state law. Most major cruise lines include forum-selection clauses that require lawsuits to be filed in Miami federal court.
Boating, Jet Ski & Water Tours
Operators are required to follow safety protocols, but many fail to do so. Equipment failures or untrained guides can result in serious injuries. These claims often involve layered liability between tour companies, equipment providers, and insurers.
Scooter & Bike Accidents
Miami’s walkable neighborhoods and rental scooter culture sound fun—until someone gets hit. Many of these devices lack proper regulation or insurance backing, which significantly complicates injury claims.
What to Do Immediately After an Injury in Miami
Accidents are disorienting, especially in an unfamiliar place. But what you do in the moments after can make or break your claim.
- Get Medical Care: Call 911 or visit an urgent care center immediately. Some injuries, such as concussions, soft tissue damage, and internal bleeding, don’t show up right away. A documented medical evaluation strengthens your claim and protects your health.
- Report the Incident: Always report accidents to the appropriate authority. That means police (for car crashes), property managers (for slip-and-falls), or cruise line staff. Request a written incident report and retain a copy.
- Collect Evidence: Take photos of the scene, your injuries, and any visible hazards (such as broken steps or wet floors), and gather witness information. Save medical receipts, transportation costs, and anything tied to your injury.
- Don’t Sign or Settle: Companies and insurers may try to get you to sign waivers or accept fast payouts. Politely decline until you’ve spoken with a Florida-licensed attorney. Once you sign, your rights may be gone.
Can You File a Personal Injury Claim If You Don’t Live in Florida?
Absolutely. Tourists—even international visitors—can sue in Florida if injured here. It’s your right under U.S. law, and we routinely represent out-of-state clients who return home after their accident.
Where to File
Claims must be filed where the injury occurred—usually in a Florida county court. Cruise cases often go straight to Miami’s federal court due to forum-selection clauses (Williams v. Carnival Corp.).
Key Deadlines
- General injury cases: 2-year deadline; shortened in 2023 from 4 years (Gov. DeSantis’ HB 837)
- Cruise ship cases: Notice within 6 months, lawsuit within 1 year (see 46 U.S.C. § 30508)
Florida-Specific Rules
Florida is a no-fault state for car accidents, which means your personal injury protection (PIP) insurance (or the rental company’s) covers your medical bills up to $10,000, regardless of fault. But if you meet the serious injury threshold (for example, permanent disability or disfigurement), you can sue for pain and suffering.
And here’s the catch: Florida uses a modified comparative fault system. If you’re more than 50% responsible for your injury, you recover nothing. That makes experienced legal representation crucial.
Why You Need a Miami Lawyer—Not One Back Home
You may be tempted to call your family attorney or a local representative once you’re home. But unless they’re licensed in Florida, they can’t handle your case.
We Know the System
From cruise litigation to auto accidents to premises liability, we work inside this system every day. We understand how Miami courts operate, what Florida juries respond to, and what insurers try to get away with.
We Handle Everything on the Ground
Need CCTV footage from a hotel? Witnesses found? A property inspection done? We take care of it. A local presence means faster and more thorough results.
We Represent You While You Heal
With our team in Miami, we can appear in court on your behalf, handle filings, and manage the entire process. You can recover at home while we move your case forward.
You Don’t Pay Unless We Win
We work on a contingency basis, meaning we only get paid if we successfully recover compensation for you. No retainers. No hourly bills. Just results.
We Stay in Touch—Wherever You Are
Technology makes it easy to communicate from anywhere. We keep you updated via phone, email, or video call. You’ll never be left wondering where your case stands.
The Bottom Line: You Deserve Accountability
Your injury doesn’t disappear just because you boarded a plane home. At Stabinski Law, we help visitors like you hold negligent businesses, drivers, and cruise lines accountable. We treat every client with personal attention, because you’re not just a case file to us. You’re a person who trusted Miami to deliver a great experience, and someone else broke that trust.
We’ll fight to make it right.
Talk to a Miami Personal Injury Attorney Today
If your vacation turned into a nightmare, don’t let it end with unpaid bills and unanswered questions. Contact Stabinski Law today for a free consultation. We’ll explain your rights, assess your case, and fight for the compensation you deserve—so you can focus on recovery.
