We tend to think that once something becomes law, it’s written in stone. Sometimes laws endure for decades, or even centuries. But laws can change, often because the legislature realizes that societal changes necessitate updates and realizes that what worked at one time isn’t what works today.
Florida has recently changed or updated several policies for personal injury lawsuits. They’re worth knowing about if you’re involved in a claim now or in the future. However, you don’t have to worry too much about committing these to memory—this is why you hire a qualified Florida personal injury attorney. We’re always watching for updates or changes to the laws and will make sure you’re well-represented and well-informed when we handle your case.
Still, let’s take a look at some of the recent changes that might affect your Florida personal injury lawsuit.
Reduced statute of limitations
The Florida statute of limitations is the amount of time an injured person has to file a lawsuit. Several factors affect this, such as the type of lawsuit, if the person is a minor or disabled, and some other things. However, in general, an injured person now has two years from the date the accident or injury took place in which to file a lawsuit. Prior to the passage of Florida HB 837, the time frame was four years.
Now, if you were injured because of negligence, strict liability, or intentional behavior, you must file a lawsuit within two years to receive compensation.
Modified comparative negligence rule
Florida used to follow the pure comparative negligence system. Today, it’s using the modified comparative negligence rule. Under the previous rule, a Florida plaintiff could recover damages even if they contributed to their own injury; the damages would be reduced by their percentage of fault.
Under the new rule, this is true only if the plaintiff is less than 51% liable for their injury. If they are more than 50% liable, they cannot recover any damages.
Non-economic damage caps for medical malpractice
Among other Florida tort reform measures, the state now limits the amount of damages that can be awarded for non-economic damages in a personal injury lawsuit. Non-economic damages are things that don’t translate to a specific financial value; they can include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of daily life.
It’s important to note that these caps apply primarily to Florida medical malpractice claims. Many types of Florida personal injury claims still do not have damage caps for non-economic damages.
Changes to medical damage claims
The law now requires that evidence of medical expenses presented at trial reflect the actual amount paid, rather than the billed amount. This change is intended to provide juries with a more accurate assessment of damages.
Premises liability adjustments
A premises liability claim involves an injury from a hazardous property condition. Under the new rules, a plaintiff (injured person) must prove that the property owner had actual or constructive knowledge of the hazardous condition and failed to take appropriate action.
Seek the guidance of a Florida personal injury attorney
This is not an exhaustive list of every rule change and new law in Florida over the past few years, but I can assure you that whatever is on the list, we know about it.
These are complicated, nuanced, and full of exceptions—but the good news is that you don’t need to follow every one of them. That’s our job. The team at Lorenzo & Lorenzo are experienced Florida personal injury attorneys, and we keep up on the laws, the changes, the nuances, and the exceptions… so you don’t have to.
If you’re considering filing a personal injury lawsuit, or if you have a workers’ compensation claim in Florida, contact us today for a free consultation so we can help you receive the compensation you need.
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