In 2023, several significant changes to the legal process for filing a Florida injury claim took effect, resulting in an entirely different landscape for those affected by personal harm. In general, the updates indicate that it is now easier and more cost-efficient for victims of wrongful injury or death to seek justice against parties that have caused them damage.

As such, if you’ve been injured due to negligence in the State of Florida this year, understanding these updated rules and regulations could be critical if you want to gain financial compensation for medical bills, emotional distress or any other costs associated with your incident.

If you have a denied or grossly undervalued personal injury claim contact Herman & Wells , a leading personal injury law firm in Florida. With years of experience and a proven track record of success, our team is dedicated to helping individuals like you get the justice and compensation they deserve. We understand how overwhelming it can be to navigate through the legal system, especially when dealing with the aftermath of an injury.

PI lawyer briefs client on the 2023 changes to Florida injury claims legal process.

The Cliff Notes: Key Takeaways From This Post

  • 1
    The new legislation in Florida places increased pressure on plaintiffs to act quickly and file claims within a tighter timeframe.
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    There is potential for reduced compensation under the revised comparative negligence system, with victims who are found more at fault potentially receiving no compensation.
  • 3
    Seeking legal representation from an experienced personal injury attorney can be crucial in navigating the complexities of the new laws and securing fair compensation.
  • 4
    It’s essential to gather and preserve evidence as soon as possible after an incident to strengthen a personal injury claim under the revised legal framework.
  • 5
    The team at Herman & Wells is ready to help you navigate these changes and fight for your right to compensation. Contact us today for a consultation.

Overview Of Recent Changes In Florida’s Injury Claim Process

The recently enacted House Bill 837 has resulted in significant shifts in Florida’s civil litigation landscape. With the law now in effect, victims seeking compensation for wrongful injuries or death can expect a leaner, more streamlined legal process. It is crucial for potential claimants to familiarize with these changes to ensure successful negotiation for their cases.

What Has Changed In 2023?

One of the major changes in 2023 is the transition from “pure” comparative negligence to “modified” comparative negligence through the enactment of House Bill 837. This shift aligns Florida with the majority of other states that have adopted this standard. This new standard, however, does not apply in cases of medical negligence. In the context of personal injury, it is crucial to understand that under this new rule, a plaintiff cannot recover if they are more negligent than the defendant.

In addition to modifying the comparative negligence standard, B 837 also amends Section 95.11 of the Florida Statutes, significantly reducing the statute of limitations for negligence cases from four years to two. This crucial change encourages victims to act more promptly, as they and their legal counsel now have a narrow window to prepare and evaluate the validity of their claims.

Furthermore, this amendment increases the probability of securing evidence relevant to the cause of action closer to the time of the incident. Consequently, it is more important than ever for individuals impacted by personal harm to seek expert legal guidance swiftly, to ensure they do not miss this tightened timeframe for reparation.

Key Legal Reforms Impacting Florida Injury Claims

Understanding The New Laws And Regulations

The newly introduced laws bring a paradigm shift in the way personal injury claims were dealt with previously in Florida. Understanding these nuances is not only beneficial, but imperative for victims seeking to obtain due compensation. Given the changes in comparative negligence standards and the reduction in the statute of limitations, procuring legal advice as soon as possible after an incident is of utmost importance. These reforms underline the urgency and necessity for victims to act promptly and wisely in their pursuit of justice and compensation.

The Impact Of Changes On Claim Filing And Processing In Florida

Increased Pressure On Plaintiffs

The new legislation places added pressure on plaintiffs to act quickly, as the reduced statute of limitations can potentially limit their ability to file a claim. This can particularly impact victims dealing with serious injuries who may require a longer recovery period before they can focus on their legal case.

Potential For Reduced Compensation

The switch from pure comparative negligence to modified comparative negligence means that plaintiffs who are found to be more at fault than the defendant cannot recover any compensation. This could potentially result in victims receiving less compensation than before, or even none at all, dependi