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New Florida law may affect your ability to collect on injuries

by | Apr 20, 2023 | Personal Injury

The Florida Legislature is close to passing a law that could profoundly change the rights of personal injury victims across the state. A pair of tort reform bills are making progress, with Gov. Ron DeSantis already having signed the House version and the Senate bill laid on the table and close to a vote as of late March.

The bills contain similar language and seem to have the same goals: to make it harder to sue the parties responsible for your injuries and to ensure victims get less compensation if they do prevail. Among the provisions:

  • A reduction of the statute of limitations (the time you have to file suit) from four years after the injury occurred, such as the date of your car accident, to two.
  • Raising the standard of fault to require the plaintiff to be no more than 50 percent liable for their own injuries to recover any damages. Currently, Florida uses a pure comparative fault standard, which means a defendant can be forced to pay for whatever percentage of liability they are found to have contributed to a plaintiff’s injuries. Under these bills, if the jury finds that a plaintiff was 51 percent responsible and the defendant was 49 percent responsible, the plaintiff would get zero compensation.
  • Elimination of the duty for insurance companies who treated a claim in bad faith to pay the plaintiff’s attorneys fees, except in very narrow circumstances.
  • Caps on damages in negligent security cases, such as when a hotel negligently allows someone with a weapon onto the premises and the armed person injures you as a result.

Critics say these reform efforts benefit insurance companies over injured Floridians. Supporters claim that victims and their attorneys “abuse” the system and get too much compensation.

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Don’t give up your right to compensation after an accident

Even if the law changes as we describe above, you should not be afraid to consider litigation over a lowball insurance settlement offer. Justice will still be possible for many injured people.