As your personal injury attorney in Orlando, it’s our duty to stay updated about new legislation that will impact your personal injury case. On March 23, 2023, Florida approved a massive Tort Reform Act that changed several aspects of filing personal injury cases. The goal of these updates was to decrease “frivolous” lawsuits and create more transparency when submitting a personal injury case. The bill was signed into law and applies to all personal injury cases filed after March 24, 2023. Below, we discuss the primary elements of the new law that could affect your personal injury case.
Shortened Statute of Limitations
The law cut the standard statute of limitations for personal injury cases in half, from four years to two years after the date of the injury. While two years may seem like a long time to file a claim with a personal injury attorney in Orlando, people don’t always fully know the extent of their injuries until a few months or even years after the accident. This shortened time frame makes it more important than ever to file your claim as soon as possible after the accident. The longer you wait, the more challenging and lengthy it is to settle your case. Waiting to file a lawsuit can also make gathering evidence and eyewitness testimonies more challenging as memories fade and securing video evidence from nearby surveillance footage becomes harder to retrieve. Insurance companies will use this shortened time frame to draw out negotiations directly with you to stop you from filing a claim.
Changes to Comparative Fault
Comparative fault is a legal concept that diminishes your potential personal injury award in proportion to the amount of fault your actions contributed to the accident and your injuries. Comparative fault is calculated as a percentage rate, which the court decides based on how responsible it believes you were in contributing to your injuries.
Previously, Florida was a “pure” comparative fault state, meaning you could recover damages for any percentage of the accident that was determined to be caused by another party. That means that even if you were 99% at fault for the accident, you could still collect 1% of the damages you would have received. The new Tort Reform Act now makes Florida a modified comparative fault state, which means the other party needs to be the majority at fault for the accident for you to collect any damages. This means you must be less than 50% responsible for your injuries to receive any damages for your case. Another drawback of this law change is that someone 49% responsible for an accident or injury won’t be held accountable. This gives businesses and individuals less incentive to prevent injuries and keep patrons safe. It also benefits insurance companies, who won’t have to pay out as much in damages for accident claims.
Negligent Security
Property owners used to be held accountable for insufficient security that led to injuries from assault or intentional acts on their premises. However, the focus is now on the person who committed the assault instead of the property owner. This gives property owners less motivation to place adequate security measures on their property.
Bad Faith Insurance Claims
It’s now harder to sue an insurance company for a “bad faith” claim. Insurers are responsible for settling insurance claims that meet the policy’s parameters and limits. If your insurance company unfairly settled your account or didn’t pay enough money for your claim, you could sue the company for bad faith. Florida now institutes comparative bad faith, which means award amounts are based on the percentage of fault you had in causing the accident. Mistakes, misspeaking, and unintentional omissions made during the early stages of your case can now affect how much reward you may receive. The new law also allows insurance companies more time to respond to a lawsuit. Insurance companies now have 90 days to respond to a claim instead of 30.
Brett M. Bressler: Personal Injury Attorney in Orlando
Our team is here to help you navigate the complex process of filing a claim for your injuries and recovering the damages you’re entitled to receive. You may be eligible for damages that could help cover costs related to your injury, like medical expenses, lost wages, and car repair costs. We also handle diminished value cases if your luxury vehicle suffers significant value loss after an accident. Contact our team today by calling 407-599-2002 for a free case evaluation.
