Changes in Florida Negligence Laws
Are you interested in protecting your rights? Of course you are. Florida’s negligence laws have recently changed, and it’s important for you to understand what they are, and how they could potentially impact you, especially when talking about personal injury cases.
In this article, we will explain what the new Florida negligence laws are and what you need to know to make sure you are protected.
What Does Negligence Mean?
Under Florida law, 'negligence' means that an individual fails to act with a reasonable level of care. For example, a driver who runs a stop sign and hits another car, pedestrian, or bicyclist can be considered negligent.
All in all, when someone else’s negligence causes you or a loved one to suffer an injury, then you may be able to file a personal injury claim or lawsuit.
How Have Florida’s Negligence Laws Changed?
There have been several critical changes to Florida’s negligence-related laws, which include the following:
Change #1: Statute of Limitations For Personal Injury Claims:
What is It?
A statute of limitations in personal injury claims refers to the length of time you have to initiate a lawsuit if you have been harmed in some way.
How Has it Changed?
Old Florida Statute of Limitations
Prior to March 24, 2023, individuals had four years from the date of their accident to file any legal action.
New Florida Statute of Limitations
However, anyone involved in an accident on or after March 24, 2023, now only has two years from the date of their accident to file any legal action.
Again, if you miss this deadline, you won’t be able to recover compensation, regardless of how clear it is that someone else was at fault for your injuries.
Of course, like many laws, there may be exceptions. To learn more about these exceptions and what they could potentially mean to you or a loved one, contact a Coral Springs personal injury attorney. You don’t want to miss your chance to obtain much-deserved compensation.
Change #2: Comparative Negligence
What is It?
Comparative negligence evaluates how much each person involved in an accident contributed towards the total damage or harm. This ultimately affects how much compensation you could receive in this type of case.
For example, if you were involved in a car accident where you were hit by another driver who ran a red light, but you were also speeding, then you will likely be found at least 50% at fault. This means that your compensation could be significantly lower than expected.
How Has it Changed?
Old Comparative Negligence Laws
Up until March 24, 2023, comparative negligence allowed injured parties to recover damages regardless of how much they were found at fault in an accident—even if they were 99% at fault!
New Comparative Negligence Laws
However, for any accidents occurring on or after March 24th, 2023, under this new rule, injured parties are ineligible to recover any damages if they’re found to be more than 50% at fault for the accident.
Let’s go back to the same car accident example above. Under the new Comparative Negligence law, if you were found even 51% at fault, then this could significantly affect how much compensation you receive from the accident—if anything at all!
Florida Car Accident Lawsuits Are Complicated
Car accident lawsuits in Florida can be complex due to its no-fault insurance system. This means that individuals are required to turn first (and sometimes exclusively) to their own insurance policies for compensation after an accident regardless of who's responsible for causing it.
If you want to seek additional damages from other parties, then, in most cases, your injuries must be quite serious. Typically, unless your injuries are severe, and you suffer from a disability because of the accident, or the damages exceed policy limits, then you won’t be able to file a lawsuit against the at-fault party.
Where to Find Help For Personal Injury Claims in Coral Springs, FL
Yes, negligence laws in Florida can be complicated and difficult to understand, especially if you are trying to handle an accident on your own. Therefore, working with an expert personal injury attorney in Coral Springs isn't just advisable, it truly is essential. After all, your health, and the health of a loved one, are most important.
Don't delay in getting the help that you need. Schedule a no-cost consultation with our experienced personal injury attorneys today so we can help you with your case. We have over 40 years of experience handling motor vehicle accidents and slip and fall accidents in Coral Springs, Coconut Creek, Lauderhill, Plantation, Sunrise, and Tamarac. Contact Law Offices Cytryn & Velazquez, P.A., to schedule your consultation.