For many people suffering an injury in a car accident, slip and fall accident, or medical malpractice, receiving compensation is very straightforward. You submit a claim, and the insurance company pays you what you are owed. Yet, laws today are more complex than average. They also change over time. The new law in Florida for 2023 has made a significant difference in how personal injury claims are handled.
At Lytal, Reiter, Smith, Ivey & Fronrath, we always stay current on legal changes to ensure such laws do not negatively impact our clients. Our Florida personal injury lawyer is always available for you to discuss any limitations, concerns, or law changes influencing your case.
New personal injury laws in Florida
Florida legislation In 2023 brought significant changes to personal injury law, which could change how personal injury matters are handled. The new laws and updates may not be obvious to the average person without legal training, so our team can explain what you should know.
The statute of limitations
One such change was to the statute of limitations in personal injury cases. This law previously allowed victims up to four years to file a claim and take legal action. However, that has been reduced to just two years. As a result, there is less time to gather and process information related to the case, and if you wait too long, it may be impossible to obtain compensation.
Pure comparative negligence modifications
Another significant change to personal injury law in the state involves pure comparative negligence rules. Now, the rules in the state follow that of a modified comparative negligence set of laws. That means that if you have more than 50% of the fault in the case, you cannot recover damages from the defendant in the case in most situations.
For example, if you are in a car accident and a judge determines you hold 51% of the blame for the accident, you cannot, at that point, file a claim against the other party. This prevents a person from recovering damages in some situations. The old law allowed for up to 60% before you could not file a compensation claim. This could affect a person’s right to receive compensation in some situations.
Changes to health insurance reimbursement
A lesser-known but critical change to personal injury lawsuits concerns medical expense compensation reimbursement. Now, defendants in a personal injury case can use evidence provided in a private health insurance reimbursement. They can also use evidence from Medicaid and Medicare claims. This information may be used to reduce how much a person is paid for both past and future medical claims they make.
How can you navigate changing personal injury laws in Florida?
Changes to personal injury law can affect your right to compensation. The confusion alone can make it hard to know how to seek compensation for your losses. The good news is you have our legal team to help you.
With our team by your side, we will help you to do the following:
- Determine who owes you compensation in your case. For matters where you may be partially at fault, we will help ensure that you have proven that you are less than 51% at fault for the incident and deserve financial compensation.
- We will determine what medical expenses you can claim and provide proof that you should be provided fair compensation for all your losses.
- Work to ensure you file a claim for your losses promptly. We work hard to ensure that our client’s cases are processed as quickly as possible in every case so that you can get the compensation you deserve.
The changes to these laws are complicated, and they may not seem all that problematic from the outside. Yet, they are if you are owed compensation after a significant injury and need financial support to return to your life. Let our legal team work hard to pursue the best possible outcome in your situation.
Schedule a free consultation to discuss your case with our personal injury attorney
At Lytal, Reiter, Smith, Ivey & Fronrath, our experienced, trusted attorneys always stay on top of all changing laws. We understand how new 2023 laws in Florida will affect personal injury cases, and we will work diligently to protect your rights. Contact us now for a free consultation online or by calling (561) 655-1990 to find out how we can help you.