Florida’s Personal Injury Laws & Tort-Reform
Florida has recently undergone significant changes to its personal injury laws in 2023. These changes could potentially impact the lives of the thousands of Floridians who may find themselves involved in personal injury cases at any given time. The new laws aim to modify the current legal framework but they could adversely affect those who have been in accidents. The changes affect various aspects of Florida’s personal injury laws, including the statute of limitations, liability, and damages. As a result, it’s important for anyone living in Florida or involved in a personal injury case to be aware of these changes and how they may affect their legal rights and options.
The major changes signed into law by Governor Ron Desantis in 2023 deal with the following:
- Comparative fault is now capped at 51%
- Reduced Statute of Limitations on filing suits
- Reduction in award amounts
These new alterations to Florida’s Personal Injury Law will make it more challenging to pursue civil cases and obtain sufficient compensation in our state. It’s more crucial than ever to rely on a proficient and highly experienced Boca Raton personal injury attorney to handle your case.
Personal Injury Statute of Limitations is now two years
This may present a few issues for those seeking just compensation. While two years may seem like enough time for a personal injury case, the fact is that some cases take much longer and rightfully so. Personal injury claims can go through a long investigative process. On top of this, most suits get bogged down by months of negotiations. Reducing the statute of limitations from four to two years could mean injured folks settling for less than what they deserve. This is because as a deadline approaches, they might not be keen on trying to push for a better outcome.
New Comparative Fault Measures
Florida’s legal statute pertaining to comparative fault was amended to include the following language:
“Any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.”
This is a significant change to the legal language that affects personal injury suits. The old legislation allowed a plaintiff to receive compensation despite being deemed mostly responsible by a jury. In these cases, the plaintiff may have been granted a portion of the damages equivalent to the percentage of fault assigned to them. However, under the new law, any plaintiff who bears at least 51% responsibility for their damages would be prohibited from receiving any compensation. Medical malpractice suits are not impacted by this.
Personal Injury in Florida just got even more complicated
If you’ve been in a car accident, motorcycle accident, or injured on someone’s premises, you might consider calling a personal injury attorney. Hearing the news that the laws just got easier for insurance companies but not for regular people might dissuade you from pursuing just compensation. Here’s what you need to know: Although things might just have gotten harder, our firm is still here to help and fight for your rights!
We’ve helped countless people get the compensation they deserve. Our job is to provide you with the guidance and representation necessary for you to make the best decisions and the decisions that will suit you. Regardless of what changes to the law take place, we’re still here to see you move past your injury and onto a better recovery. Give us a call today.
