Written by Attorney Marc E. Golden | November 18, 2023 | Personal Injury
The Florida legislature has long been considering tort reform bills, and in March 2023, the Florida Tort Reform Act 2023 went into effect. This law brings important changes to the personal injury process across the state, many of which do not necessarily benefit injury victims.
If you suffered an injury, you need representation and guidance from a personal injury lawyer who understands how this sweeping tort reform might affect your legal rights and claim for compensation.
Changes to the Law
The Florida Tort Reform Act 2023 aims to prevent excessive damage awards to injury victims and reduce insurance costs. In doing so, the law has also limited the rights of injury victims, making it more challenging in some situations to seek compensation for their losses. Having the immediate help of a skilled injury lawyer is more important than ever in Florida.
New Statute of Limitations for Personal Injury Claims
Prior to March 2023, many injury victims had four years to file a lawsuit in civil court, according to the personal injury statute of limitations. Four years gave victims the time to understand their prognosis and take steps to pursue a legal claim.
Now, under the new law, the statute of limitations is shortened to only two years. This means you need to assess your past and future damages, negotiate with insurance companies, and know whether you must file a lawsuit - all within two years of your injury date. This means you should never wait to seek help from an injury lawyer right after your accident and injuries.
Adjustments to Comparative Fault
Before, Florida’s comparative fault laws allowed injury victims to recover compensation even if they played a part in causing the accident. Now, victims only have the right to compensation if they are deemed less than 50 percent responsible. If a plaintiff is 51 percent or more liable for the accident, they cannot seek compensation from other contributing parties. This change applies to most personal injury claims except those involving medical malpractice.
Negligent Security Claims
Property owners were responsible when inadequate security resulted in injuries from assault or other intentional conduct on the premises. Now, however, the Tort Reform Act focuses more on the individual who committed the assault or intentional harm. This might allow property owners to reduce their liability in negligent security claims. Some people are concerned that this reduces the incentive for property owners to implement proper security measures to keep visitors and customers safe from violence and criminal activity.
Consult with Our South Florida Personal Injury Attorneys Today
Personal injury laws can change and make it more difficult to seek the compensation you need following an injury. Always hire an attorney who is well-versed in Florida law and stays on top of tort reform.
The lawyers of Rosenthal, Levy, Simon & Sosa are ready to help following accidents and injuries. Please call our office at 866-640-7117 or send us an online message to set up your free, no-obligation consultation regarding a possible personal injury case.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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