Florida Tort Reform Law Brings Significant Changes
If you have suffered injuries in a Florida accident because of another party’s negligence this year, it is vital that you know about the tort reform legislation, HB 837, that was signed into law on March 24. The new law makes drastic changes to the state’s long-standing civil tort law, which could potentially impact your legal rights. By understanding the new law, you can protect your rights if you were injured in an auto accident, slip and fall accident, or another type of accident because of someone else’s negligence. This article addresses two of the most significant aspects of tort reform. Read on.
Reduction in the Statute of Limitations
A statute of limitations is a law that sets a time limit on when a claimant must file a lawsuit in court after their cause of action first accrues, or the lawsuit will be barred. In negligence-based tort claims, the cause of action usually accrues on the date of the accident or the date on which the injury is suffered or discovered. HB 837 reduces the statute of limitations for filing personal injury claims in Florida from four to two years. This change applies to personal injury claims arising on or after March 24, 2023. This means that if you suffered a personal injury on or after March 24, 2023, and fail to file your personal injury lawsuit within two years of when your cause of action accrued instead of four years, you will be barred from filing your lawsuit.
If you’ve suffered injuries because of another person’s fault, it is crucial that you take prompt action. The reduced statute of limitations necessitates contacting a personal injury attorney as soon as possible.
New Modified Comparative Negligence Law
Before the signing of HB 837, Florida had what is called the pure comparative negligence law. According to this law, a personal injury claimant can recover damages equal to the defendant’s percentage of fault even if their (the plaintiff’s) percentage of fault is more than the defendant’s. HB 837 replaces this system with a modified comparative negligence system. Under this new system, any personal injury claimant found to be more than 50% at fault for their accident, or injuries cannot seek compensation from the other party.
Suppose you get into a Florida car accident with another driver, and both of you are to blame for the accident. You file a personal injury claim against the other driver for crashing into your car. It is then determined that you were 51% responsible for your car accident, and the other driver was 49% responsible. Your damages are determined to total $200,000. Under the pure comparative negligence law, you would recover $98,000 because the other driver was 49% responsible for your accident. On the other hand, under the modified comparative negligence law, you may not recover any compensation since you were more at fault for your accident.
Contact Us for Legal Help
If you have questions about the new law or need help filing a personal injury claim, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the Orlando, West Palm Beach, Fort Myers, Miami, Tampa, Jacksonville, Naples, Bradenton, Daytona Beach, Melbourne, and Ocala areas.
Source:
flsenate.gov/Session/Bill/2023/837/BillText/er/PDF
