What Is the New Law in Florida for Personal Injury?

Kaiser Romanello Accidents & Injury Lawyers | Call (844) 877-8679

Do you ask about the new law in Florida for personal injury? If you’ve had a car accident, truck accident, or medical malpractice case, you might wonder. In Florida, personal injury law changed in 2023 with tort reform. So, this blog explains the new law and how it affects you. First, let’s start.

What’s the New Law in Florida?

First, what’s this new law? It’s House Bill 837, signed by Ron DeSantis in 2023. This law changes Florida personal injury law big time. For instance, it cuts the statute of limitations from four years to two years. So, you now have a two-year statute of limitations to file personal injury claims. Also, it shifts to modified comparative fault, not pure comparative negligence. Plus, it tweaks bad faith rules for insurance companies. Finally, it changes how medical expenses are calculated for injured parties. This hits negligent security cases and product liability claims too.

How Does the Statute of Limitations Change?

Next, how does the timeframe work? Before 2023, Florida statutes gave you four years for personal injury cases. But the new statute shortens it to two years. For example, if a truck accident hurts you on March 3, 2025, you have until March 3, 2027, to file. This new law, or new statute, applies to accidents after March 24, 2023. So, act fast after a crash. Because timeframes matter, you need legal advice quick. Plus, this helps insurance companies push faster accident claims. Our accident lawyer can guide you here.

What’s Modified Comparative Fault?

Then, what’s this comparative fault change? Florida used pure comparative negligence before. So, you could recover damages even if mostly at fault. But now, if you’re over 50% at fault, you get nothing. For instance, in a car accident, if you’re 51% to blame, the insurance company pays zero. This law change affects auto accidents, premises liability, and more. Also, it doesn’t hit medical malpractice or wrongful death lawsuit cases. So, a personal injury attorney can explain this for you. Plus, it changes how property owners handle negligent security claims.

How Does Bad Faith Change?

Now, how does bad faith work? The new law tightens bad faith rules for insurance companies. Before, they faced big risks if they acted in bad faith on an insurance claim. But now, they’re safer if they pay policy limits fast. For example, if a claimant demands $100,000, the insurer must pay within 90 days. So, this protects insurers but can hurt you. Plus, you need good faith when sharing info. Finally, this makes legal action harder against insurers. It hits personal injury lawsuits too, like those for negligent security.

What About Medical Bills?

After, what changes for medical bills? The new law limits medical expenses in personal injury cases. For instance, doctors now charge rates like Medicare or Medicaid. So, your medical treatment costs might drop. Also, insurance companies only pay what’s “reasonable.” This hits car accidents, truck accidents, and more. But it can lower your payout for pain and suffering or medical expenses. Then, a personal injury lawyer fights for fair pay. Plus, this law, or tort law, aims to cut costs for insurers. It affects attorney fees and product liability cases too.

How Kaiser Romanello Helps

At Kaiser Romanello, we fix your Florida personal injury case. First, we know the law changes. Then, we handle your statute of limitations fast. Also, we fight comparative fault for you. Plus, we challenge bad faith by insurance companies. So, you get fair pay for medical bills or lost wages. Call us at 844-877-8679 for a free consultation today. Finally, trust our law firm after an accident. We cover Florida personal injury law well. Our accident claims team wins for you.

A Quick Note

Finally, this isn’t legal advice. Every case differs. So, talk to a personal injury attorney at Kaiser Romanello for you. Then, we’ll give the best plan. Don’t let doubts stop you after a hurt. Contact us today in Florida. This disclaimer applies to all info here.