Florida made some big changes to its civil justice system in recent years by passing House Bill 837. This new law updated many important rules affecting personal injury cases across the state. Below, thispersonal injury lawyer in Plant City, Florida is going to explain everything you should know about Florida’s tort reform law and how it can directly affect your injury claim.
What changed under Florida’s tort reform law?
Florida’s 2023 reform updated different laws affecting civil cases, especially accident and injury cases, across the state.
One of the most consequential changes for accident and injury litigation is the updated comparative fault rule. If you are found to be more than 50% responsible for your own injuries under the new law, you may not be able to recover any money from the case.
You can still recover damages if you are 50% or less at fault. But the amount you get will be reduced by your percentage of responsibility. For example, if you are awarded $100,000 but are found 30% at fault, your recovery would be reduced by 30%. You would walk away with $70,000 instead of receiving the full $100,000.
Another big change is the shorter deadline to file a negligence lawsuit. In general, you’ll only have two years to file your claim. That can sound like plenty of time, but building a convincing injury case is easier said than done. There is investigation, evidence gathering, negotiations, sometimes expert analysis and so much more. And if you miss that two-year window, you could permanently lose your right to recover compensation.
Keep in mind that this two-year deadline applies only to incidents that occurred after the law went into effect. In other words, the deadline also depends on when your claim started.
If you are confused or overwhelmed, you should talk to an experienced personal injury lawyer in Plant City, Florida as soon as possible after an accident. They can give your case the strongest possible start.
How do the new fault rules and deadlines affect your ability to recover damages?
These new rules make fault a very important element of injury claims in Florida. If the other side can convince a jury that you were more than 50% responsible, you could walk away with nothing. Therefore, it is critical to build strong evidence to prove what happened.
Police reports, witness statements, photos, surveillance footage, medical records. Compile everything. The stronger your evidence, the harder it is for the other side to unfairly blame you.
The new two-year deadline adds some pressure to act fast. While two years can seem like plenty of time, cases don’t build themselves. Preparing a case takes time. But waiting too long could seriously hurt your ability to recover compensation.
The reform law also changed how medical expenses are presented in court. This can directly affect the amount of compensation someone ultimately recovers. If medical bills have already been paid, you can generally only present evidence of the actual amount paid.
There are also new rules regarding the introduction of unpaid medical bills as evidence. These changes can limit what a jury sees when calculating damages for medical care. In practical terms, that can reduce the overall value of some claims compared to how cases were handled in the past.
All of this means that accident and injury cases in Florida have become more complex. The legal landscape has changed, and even small mistakes can have bigger consequences than before.
So, if you have been injured in an accident, it’s recommended that you talk to an experienced personal injury lawyer in Plant City, Florida as soon as possible. They can help you understand how these new rules apply to your specific situation and what steps you can take to protect your right to compensation.
Looking for a personal injury lawyer in Plant City, Florida?
If you want to learn how these changes affect your case, now is the time to speak with an experienced personal injury lawyer in Plant City, Florida. Tonya Stewart and her team at Tonya Stewart Law PA are here to review your case and help you pursue fair compensation. Contact us today to discuss your case.