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What the New Laws in Florida Mean for Your Injury Case
As a Florida resident, should you ever have been injured in an accident, you may be wondering how the new laws signed by Governor Ron DeSantis could impact your case. On March 30, 2023, Governor DeSantis signed House Bill (HB) 837, Civil Remedies, which makes several significant changes to Florida’s civil justice system.
In this article, our team of experienced legal professionals will discuss the key provisions of the bill and how they could impact your injury case. More questions? Call Mickey Keenan PA today.
Reduced Statute of Limitations
One of the most significant changes brought about by HB 837 is the reduction in the statute of limitations for general negligence cases from four years to two years. This means that if you’ve been injured in an accident, you now have only two years from the date of the accident to file a lawsuit against the party responsible.
If you fail to file a lawsuit within this timeframe, you may lose your right to recover compensation for your injuries. Cutting the time in half is a big change, and if you aren’t aware of it, you may lose out on the ability to pursue your case.
Severe Limits on What People Can Sue For
HB 837 isn’t just about the statute of limitations; it also places severe limits on what people can sue for. Under the new Florida law, the comparative negligence system is modified; resulting in a scenario where a plaintiff who is more at fault for their injuries than the defendant may not be able to recover damages from the defendant.
Additionally, the bill expands immunity for property owners who are defending themselves from a lawsuit against a criminal actor who was injured on the property. This means that if you’re injured while committing a crime on someone else’s property, you may not be able to sue the property owner for damages.
Changes to the Bad Faith Framework
HB 837 adjusts the bad faith framework to state that negligence on its own does not demonstrate bad faith. This means that if you’re injured in an accident, you may have a harder time proving that the responsible party acted in bad faith and that you’re entitled to compensation for your injuries.
Changes to Attorney’s Fees
The bill adopts the federal standard of eliminating attorney’s fee multipliers and provides that a one-way attorney fee provision can only be applied in limited situations. This disincentivizes frivolous lawsuits and limits prolonged litigation from occurring.
However, this may result in you not being able to recover as much in attorney’s fees as you could have under the previous Florida law.
Uniform Standards for Medical Damages
Lastly, the new bill provides uniform standards for medical damage. This in theory will assist juries in calculating the accurate value of medical damages in personal injury or wrongful death actions.
If you’re injured in an accident, it may now be easier to prove the value of your medical damage and recover the compensation you’re entitled to.
Questions on How This May Affect Your Case? Call Mickey Keenan PA.
The new laws in Florida bring significant changes to the civil justice system, and it’s essential to understand how they could impact your injury case. With the statute of limitations reduced to two years and severe limits on what people can sue for, it’s more important than ever to consult with an experienced personal injury lawyer as soon as possible after an accident.
A skilled attorney can help you navigate the new laws and ensure that you receive the compensation you deserve for your injuries. Contact the lawyers at Mickey Keenan PA today.