It is 2023, and many evolutions are happening worldwide, including personal injury laws in Florida. Current Gov. Ron DeSantis made several changes to the Florida Statutes into law, alerting all attorneys and companies to understand and apply these personal injury law changes. But how will these changes affect and improve legal proceedings in personal injury cases? Let’s cut to the chase and get to know about these laws below:
Reduction in the Statute of Limitations
The statute of limitations is a deadline to take any legal action within that period. The new law in Florida reduced the period from 4 years to 2 years for a personal injury lawsuit in 2023. The tariff must file a lawsuit within 2 years if he suffers from an injury caused by negligence. Florida has already established a 2-year statute for medical malpractice and wrongful deaths. Though an initial law consultation with Chiumento Law is always free.
New Modified Comparative Negligence Law
The 2023 law exclusively changed the standard to “modified comparative negligence law”. Under the comparative standard law, the judge must analyze whether the defendant or plaintiff is responsible for the injury. The compensation is reduced if the plaintiff is found to be responsible. However, in Florida’s modern comparative negligence system, if a plaintiff is determined to have more than 50% fault at an injury, he is ruled out of compensation. If Chiumento Law represents you in court, we will demand maximum compensation from the defendant. Our lawyer will be there to refute any evidence presented by the defendant in case of personal injury
Florida Personal Injury Law Changes in Limits to Bad Faith Lawsuits Against Insurers
Florida’s statute 1982 for Bad faith claims against insurance carriers took implementations to make a statutory cause of action for bad faith. This statutory cause is applied to first and third-party claims for insurers who fail to follow any contract-based promise.
However, the new statute is now based on the ruling that if an insurer is paying either the maximum amount allowed in the policy or the claimed amount within 90 days of the claim, along with necessary evidence, the bad faith lawsuit won’t be considered.
Moreover, it is also jotted down that only the insurer’s negligence won’t be counted as bad faith, but since the joint act of the insured, claimant, or respective attorney requires to be in good faith for providing information of claim, making deadlines, demands of the insurer. But, also, insurers have to be very careful about all the claim procedures and consider the perspectives of claim holders.
Florida Personal Injury Law Changes in Medical Bills Admissible at Trial
Most personal injury cases only deal with the sound impact of medical expenses that plaintiffs must endure while in an injury. However, the extent of damage can sometimes cause patients to pay more than what their medical providers charge and eventually than what insurers may provide. Therefore, the new law now exhibits the significance of all types of evidence, either for past medical treatments or for the future.
Get Help From Our Lauderdale Accident Attorneys
Since the amendments in the laws of Florida may confuse you while you navigate the nuanced laws and legal procedures, therefore, don’t worry; contact an experienced personal injury attorney who can instruct you and support you to find the most leisurely steps. Get the right evidence, and we will help you hold the insurance company accountable for your claims. The personal injury attorneys of Maus Law will empower Florida residents to endure the hardships of personal injuries while attaining the right strategies to fight for their cases.