What Is the New Law in Florida for Personal Injury?

What Is the New Law in Florida for Personal Injury?

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

What’s the New Law in Florida?

The new law is House Bill 837, signed by Governor Ron DeSantis in 2023. It reshapes Florida’s personal injury landscape. It cuts the statute of limitations from four years to two, switches to modified comparative fault from pure comparative negligence, adjusts bad faith rules for insurers, and alters how medical expenses are calculated. These changes affect negligent security, product liability, and other claims.

How Does the Statute of Limitations Change?

Before 2023, you had four years to file a personal injury claim in Florida. Now, it’s just two. For example, if a truck accident injures you on March 3, 2025, you must file by March 3, 2027. This applies to incidents after March 24, 2023. Time is tight, so acting quickly is key. An accident lawyer can help you meet the deadline and navigate insurance claims.

What’s Modified Comparative Fault?

Florida previously used pure comparative negligence, letting you recover damages even if you were mostly at fault. Now, with modified comparative fault, if you’re over 50% responsible, you get nothing. For instance, if you’re 51% to blame in a car accident, the insurer owes you zero. This applies to auto accidents and premises liability but not medical malpractice or wrongful death cases. A personal injury attorney can clarify how this affects your situation.

How Does Bad Faith Change?

The new law softens bad faith penalties for insurance companies. Previously, insurers faced steep consequences for denying claims unfairly. Now, they’re protected if they pay policy limits within 90 days of a demand—like $100,000. This can limit your leverage, especially if you don’t share information in good faith. It complicates lawsuits, including those for negligent security, making legal support essential.

What About Medical Bills?

Medical expense calculations have shifted. Doctors must now align rates with Medicare or Medicaid, potentially lowering costs. Insurers only cover what’s deemed “reasonable,” which can reduce payouts for pain and suffering or medical bills in car and truck accidents. A personal injury lawyer can push for fair compensation despite these caps. The law aims to cut insurer costs, impacting attorney fees and product liability cases too.

How Kaiser Romanello Helps

At Kaiser Romanello, we tackle Florida’s updated personal injury laws head-on. We act fast to meet the two-year statute of limitations, challenge comparative fault rulings, and confront bad faith tactics from insurers. Our team ensures you receive fair compensation for medical bills and lost wages. Call 844-877-8679 for a free consultation—our accident claims experts are ready to fight for you.

A Quick Note

This isn’t legal advice—every case is unique. Contact a personal injury attorney at Kaiser Romanello for tailored guidance. Don’t let uncertainty delay you after an injury. Reach out today in Florida for the best strategy forward.