2023 Changes to Florida's Personal Injury Laws

A bill was recently signed into law in Florida that makes it more difficult for plaintiffs to sue for personal injuries in many ways.

The new law includes the following provisions:

• Repeal of law that required insurers to pay a policyholder's attorney fees and costs if a court held that the company acted in bad faith

• A shortened statute of limitations for negligence-related personal injury cases, (reduced from four to two years)

• A modified comparative fault statute that denies Plaintiffs any relief from defendants in a personal injury suit if the plaintiff is found to be 51% or more liable.

• Significant reductions in damage awards against property owners when their negligence causes a personal injury

• Requires new disclosures to juries about letters of protection used to obtain medical treatment

While the law was advertised as being necessary to bring down insurance and litigation costs, my opinion is that it will do neither, but instead compromise the ability of plaintiffs to be compensated for their injuries. There is no provision in the new law that regulates insurers' business practices nor caps the rates an insurer charges. On the other hand, the law will discourage attorneys to take cases against insurers for wrongdoing on a contingency basis unless the amount in dispute is very high. As a result, many consumers whose claims have been wrongfully denied by their insurers who lack financial resources will likely be unable to pursue their claims in court.

The adoption of a modified comparative fault law is also problematic for personal injury plaintiffs. Under the previous pure comparative fault standard, all parties who shared liability for an injury would be charged with paying a portion of the damages that corresponded to their percentage of fault. This system created incentives for everyone to be careful and avoid causing injuries. Under the new standard, a defendant who is held to be 49% at fault for causing a plaintiff's injury will not be liable to pay any damages to the Plaintiff. This scenario creates a potential windfall for defendants, and also will likely cause attorneys to take fewer personal injury cases on a contingency basis.

In this challenging environment for personal injury lawsuits, it is important that you choose an experienced and knowledgeable attorney to represent you when you are injured. If you have been injured, call Fort Lauderdale attorney contact John Clarke for a free consultation at (954) 556-8952.