The field of personal injury law is constantly changing. With new legislation being enacted regularly, it is crucial to be up-to-date on the latest developments to ensure your success.
However, simply being informed is not always enough – you should also have access to the legal tools necessary to navigate the world of personal injury law effectively. How is this achieved? By working alongside a trusted professional who puts your best interests first…
As of March 2023, Florida instituted tort reform that transformed foundational aspects of personal injury law. These changes affect the statute of limitations, damages calculation, and even how negligence is determined. Whether you are a seasoned lawyer or an injured individual, understanding these important updates is critical for approaching personal injury claims with confidence and precision.
Among the most significant alterations to Florida’s personal injury law in 2023 was the shortening of the statute of limitations for general negligence claims. In previous years, victims had four years to file a lawsuit. Now, this has been reduced to just two years.
This drastic shift minimizes the window of opportunity for accident victims to seek legal action. Whether you were involved in a slip-and-fall accident in West Palm Beach or a car crash in Orlando, this shorter time frame means that you will need to take proactive steps to protect your rights. If you wait longer than the two-year period, your claim may be barred, making it impossible for you to recover compensation.
In addition to the statute of limitations, Florida has also made modifications to its comparative negligence standards. In personal injury claims, comparative negligence is the system used to establish fault for each respective party in an accident. Prior to March of 2023, Florida adhered to a pure comparative negligence system, which means even if someone was 99% at fault for an accident, they could still recover 1% of their damages.
This new law has changed to a modified comparative negligence system with a 51% bar rule. According to these terms, if one is found to be more than 50% at fault for their injury, they are ineligible to recover compensation. For example, if someone gets bit by a dog in Hollywood, FL, and the court finds them 51% responsible for engaging with the animal unconcernedly, they cannot collect compensation for their losses.
This modification benefits defendants incredibly, especially insurance companies and large corporations. Moreover, it makes it much harder for victims to recover damages if they are given notable blame for the incident.
Florida also made key changes to the caps placed on recoverable damages. This law specifically relates to medical expenses and non-economic damages – such as pain and suffering. In the past, the limits on these categories were not strict, which allowed plaintiffs to recover the total amount of their medical bills and other losses based on expert testimonies.
Under the 2023 reforms, medical expenses are now required to be based on the actual amount paid or owed by the victim instead of an amount exaggerated by healthcare providers. This prevents those seeking compensation from overstating their claims with large medical bills, which may reduce the overall recovery amount in cases with significant injuries.
In places like Sarasota, FL, where medical costs vary across the board, these caps could make all the difference between securing fair compensation or facing financial challenges despite winning a claim. For this reason, it is crucial to work with a legal professional who is able to accurately document and negotiate the full extent of the claim using proven strategies.
Bad faith claims against insurance companies were also addressed in Florida’s 2023 tort reform legislation. These cases occur when an insurer fails to manage a claim fairly and promptly, resulting in extended litigation or avoidable delays in payment.
Prior to 2023, Florida allowed plaintiffs to pursue bad faith claims with fewer restrictions, which gave claimants more agency in the negotiation process. However, this new reform makes it much more difficult to bring a bad fair claim against an insurance company. The legislation states:
These revisions greatly favor insurance companies, and accident victims may find it more difficult to hold them accountable for unethical practices. Anybody affected by bad faith claims in Florida must now follow a more stringent process to seek legal action against the insurance company.
All of these changes will likely have a profound effect on the personal injury litigation and settlement process across the state of Florida. For victims, this could make compensation recovery more difficult, especially in instances where the fault is contested or medical bills are considerable.
In contrast, insurance companies and defendants will be expected to benefit from these reforms – specifically through the new comparative negligence standard and caps for damages. Likewise, the shortened statute of limitations may also present more pressure for plaintiffs to file their lawsuits quicker, potentially reducing the number of claims made.
Keeping all of these factors in mind, the concept of early settlement negotiations may become a critical consideration for both sides. In cities like Miramar or Fort Lauderdale, where traffic accidents and personal injury cases are common, lawyers may seek quicker resolutions to avoid prolonged litigation under more restrictive rules.
If you suffered an injury in Florida, becoming familiar with your rights and acting swiftly to protect them is more critical than ever. Here are some proactive steps you can take:
Nobody should ever have to navigate a personal injury claim alone, especially considering such complicated changes to the legal landscape. That’s where our team steps in. Fenstersheib Law Group will be your top advocate throughout the entire process, working with you personally to establish a clear plan of action.
Are you ready to get started with a free consultation? Whatever the details of your circumstances may be, we’re here to help you achieve success. Call us today at 1-800-TELLROBERT or contact us here to schedule an appointment that puts your welfare first!
The Lawyers at Fenstersheib Law Group, P.A. provide
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