When you or a loved one has been injured due to someone else's negligence, the physical, emotional, and financial toll can be overwhelming. At The Dempsey Law Firm, attorney Eliot Dempsey represents personal injury victims throughout Miami, Fort Lauderdale, Boca Raton, and all of South Florida — fighting tirelessly to recover the full and fair compensation you deserve.

Practice Areas in Personal Injury

The Dempsey Law Firm handles a broad range of personal injury cases in Florida, including:

• Auto Accidents — Car, truck, motorcycle, bicycle, and pedestrian accidents caused by negligent drivers

• Slip and Fall Accidents — Injuries caused by unsafe premises, whether in a store, restaurant, parking lot, or someone's home

• PIP (Personal Injury Protection) Litigation — When your own insurance company refuses to pay the benefits you're owed

• Wrongful Death — Representing families who have lost a loved one due to another's negligence

• Negligent Security — Recovering compensation for damages suffered as the result of negligent security

What Compensation Can I Recover?

Florida personal injury victims may be entitled to recover:

• Medical expenses — past and future

• Lost wages and loss of future earning capacity

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Property damage

Why Choose The Dempsey Law Firm?

Attorney Eliot Dempsey approaches every personal injury case with the dedication and personal attention that large firms simply can't offer. We are selective about the cases we take — which means when we take yours, you get our full focus. We handle cases on a contingency fee basis: no upfront costs, and no attorney fee unless we win. If you've been injured in Miami, Aventura, Fort Lauderdale, Boca Raton, Hollywood, or anywhere in South Florida, contact The Dempsey Law Firm today for a free consultation. Call (305) 320-1141 or email eliot@thedempseylaw.com.

FAQ SECTION - PERSONAL INJURY

How long do I have to file a personal injury claim in Florida?

Florida's statute of limitations for most personal injury claims is two years from the date of the injury (reduced from four years in 2023). This means you must file a lawsuit within two years or you may permanently lose your right to recover compensation. There are limited exceptions — for example, claims against government entities have shorter notice deadlines. If you've been injured, it's important to contact an attorney as soon as possible so that evidence can be preserved and your rights protected.

What types of damages can I recover in a Florida personal injury case? How long do I have to file a personal injury claim in Florida?

In Florida, personal injury victims can recover two broad categories of damages: economic damages (medical bills, lost wages, future medical costs, loss of earning capacity) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In rare cases involving intentional or grossly negligent conduct, punitive damages may also be available. Florida follows a modified comparative fault rule — if you are found more than 50% at fault, you cannot recover damages.

Does Florida's no-fault insurance law affect my personal injury case?

Yes. Florida is a no-fault auto insurance state, meaning your own Personal Injury Protection (PIP) coverage pays your medical bills and lost wages regardless of who caused the accident — up to the policy limits. However, to step outside the no-fault system and sue the at-fault driver, your injuries must meet Florida's "serious injury" threshold, which includes significant and permanent loss of an important bodily function, permanent injury, significant scarring, or death. An attorney can evaluate whether your injuries qualify.

What should I do immediately after being injured in an accident in Florida?

First, seek medical attention right away — even if you feel fine, some injuries like concussions or soft tissue damage are not immediately apparent. Document everything: take photos of the scene, your injuries, and any property damage. Get the contact information of witnesses. File a police report if applicable. Avoid giving recorded statements to the other party's insurance company without first speaking to an attorney. Then contact a personal injury lawyer to understand your rights and next steps.

How much does it cost to hire a personal injury attorney in Florida?

The Dempsey Law Firm handles personal injury cases on a contingency fee basis — meaning you pay no upfront fees. We only get paid if and when we recover compensation for you. Your initial consultation is completely free, with no obligation. This arrangement ensures that everyone has access to quality legal representation regardless of their financial situation.

FLORIDA PERSONAL INJURY LAW

Florida Personal Injury Law — What You Need to Know Florida law gives injured victims two years from the date of the accident to file a personal injury lawsuit (reduced from four years in 2023). Missing this deadline typically means losing your right to recover compensation entirely, so it's critical to contact an attorney as early as possible. Florida is also a no-fault auto insurance state. This means your own Personal Injury Protection (PIP) insurance is your first source of recovery after a car accident — but PIP coverage is limited. To pursue a claim directly against the at-fault driver, your injuries must meet Florida's "serious injury" threshold. Attorney Dempsey can quickly evaluate whether your injuries qualify. Florida also follows a modified comparative fault rule. If you are found more than 50% responsible for your own injuries, you cannot recover damages. Insurance companies know this and will often try to shift blame onto you — having an experienced attorney in your corner levels the playing field. 

slip and falls

Whether you slipped and fell on a cruise or on land, you will need a Miami personal injury attorney to help you each step of the way. If you are going to make the maximum recovery for your pain and suffering resulting from a slip and fall, you need an experienced South Florida injury attorney to represent you against Big Business. 

The Dempsey Law Firm is aggressive when fighting the Big Cruise Lines too. Cruise ship accidents and cruise ship injuries in Fort Lauderdale are a far too common problem. Be protected, call attorney Eliot Dempsey today. 

wrongful death

A wrongful death lawsuit can be one of the most difficult and trying times of your life. It is hard enough to accept that one of your loved ones has been wrongfully taken away from you, let alone that you may need a lawyer.

If you or someone you know has experienced loss of life because of the fault of another, call us. We will do everything we can to try to help you recover for your loss. The Dempsey Law Firm is based in Broward County but serves clients across South Florida, from Palm Beach to Miami and everywhere in between. 

Personal Injury Laws

Florida’s personal injury laws govern how injured individuals can seek compensation when they are harmed by another party’s negligence or wrongful conduct. These laws are primarily found in Chapter 768 of the Florida Statutes and are shaped by extensive court decisions. To succeed in a personal injury claim, an injured person generally must prove four elements: a legal duty of care, a breach of that duty, causation, and actual damages. Personal injury cases in Florida commonly arise from auto accidents, slip and falls, medical malpractice, defective products, and negligent security.

Florida follows a comparative negligence system, meaning fault may be shared among multiple parties, including the injured person. Any compensation awarded is reduced by the injured person’s percentage of fault. This principle applies across most personal injury claims and often plays a central role in settlement negotiations and trials. Florida law also places specific burdens of proof on certain claims, such as heightened requirements in medical malpractice cases and additional notice and knowledge requirements in premises liability cases involving businesses.

Damages available under Florida personal injury law include economic and non-economic losses. Economic damages cover measurable losses such as medical expenses, lost wages, and future earning capacity, while non-economic damages may include pain and suffering, mental anguish, and loss of enjoyment of life. In limited cases involving intentional misconduct or gross negligence, punitive damages may be available, though Florida law strictly caps and regulates their award.

Attorney Eliot Dempsey and The Dempsey Law Firm understand that personal injury claims in Florida are governed by strict statutes of limitation, which generally require negligence actions to be filed within two years of the injury, though some exceptions may apply depending on the type of claim and the parties involved. Claims against government entities have shorter notice deadlines and are subject to damages caps, adding additional complexity. With Florida’s personal injury laws designed to balance fair compensation for injured individuals against limits intended to prevent excessive or abusive litigation, Attorney Eliot Dempsey and The Dempsey Law Firm emphasize the importance of following proper procedures and taking timely action to protect clients’ rights.