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Changes to Florida Law Impacting Personal Injury Lawsuit Claimants

Kevin Plankey

With the new Florida rules and regulations in place regarding personal injury lawsuit claimants, it has left many personal injury attorneys and claimants wondering what impact these changes will have on their cases. It's important for those seeking compensation for damages to stay informed and understand how these changes may affect them. In this blog post, we'll dive into the details of Florida's updated legal landscape and explore what it means for anyone pursuing a personal injury lawsuit in the state.

Shortened statute of limitations in personal injury cases, from four years to two years.

Florida’s recent changes to its laws regarding personal injury lawsuits include a shortened statute of limitations from four years to two years.

  • Some feel that trimming the time to file a lawsuit may help preserve evidence, such as medical records, and facts. Four years can be a long time to remember what happened when cases go to trial or need testimony preserved during the discovery phase of litigation.
  • Settlement negotiations can continue after a lawsuit is filed, but the shorter statute of limitations may encourage more plaintiffs to pursue litigation to avoid losing their option to file a claim.
  • The change has led to a rush of new lawsuits being filed prior to the implementation of the new statute. At the last report, nearly 100,000 new lawsuits were filed prior to the March 2023 implementation of the new statute so that plaintiffs can ensure their claim is preserved.

Comparative fault standard, going from a pure comparative fault standard to one that includes a 51% bar.

The comparative fault standard in Florida has also changed from a pure comparative fault standard to one that includes a 51% bar. Under the previous standard, you could still collect damages even if you were partially at fault. However, under the new standard, if you are 51% or more responsible for your injuries, you cannot collect any damages. Some argue that this change may protect defendants who are less responsible, but others believe it helps ensure that those who are more responsible for their own injuries are not able to collect damages.

It is important for those pursuing personal injury lawsuits in Florida to stay up-to-date and informed to navigate these changes and increase their chances of a successful outcome. This involves Florida attorneys being prepared to adapt to the changes and potential challenges that may arise during litigation.

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