Personal Injury ยท August 12, 2023
Understanding Florida Personal Injury Law: A Complete Guide
Florida's shift to a modified comparative negligence standard changes how damages are awarded. Here is what plaintiffs need to know about the current legal landscape.
Florida made a sweeping change to its personal injury laws in 2023 that every accident victim must understand. The shift from pure comparative negligence to modified comparative negligence fundamentally changes who can recover, and how much.
Pure vs. Modified Comparative Negligence
Under the old pure comparative negligence standard, a plaintiff who was 90% at fault for their own accident could still recover 10% of their damages from the other party. Under the new modified comparative negligence standard, a plaintiff who is found to be more than 51% at fault is completely barred from recovering any damages. This is a seismic shift that insurance companies are already using aggressively in claims negotiations.
How Insurance Companies Are Responding
Adjusters are now more motivated than ever to investigate and attribute fault to the injured party. They gather social media posts, surveil accident scenes, and aggressively depose witnesses, all in an effort to push your fault percentage above 51%. Early legal representation is the most effective counter to this strategy.
What Damages Are Available in Florida?
In a successful personal injury claim, you may recover: medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and in wrongful death cases, survivor benefits. Florida eliminated the recovery of non-economic damages such as pain and suffering for plaintiffs found more than 51% at fault, making the fault determination the pivotal battle in most cases.
The Statute of Limitations Has Also Changed
Florida reduced the statute of limitations for negligence claims from four years to two years. This means that if you were injured in an accident, you generally have two years from the date of injury to file a lawsuit. Missing this deadline almost always means permanently losing your right to sue, regardless of how valid your claim is.
These changes make skilled legal representation more important than ever. The Law Firm of Charles Vega has successfully handled personal injury cases throughout Florida. If you have been injured, do not wait, call (800) 975-0529 today.
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