It may seem like every attorney ad for personal injury cases uses high-pressure tactics because they say to call today, sometimes more than once. However, there’s a reason for attorneys to take this tone. This is because personal injury cases have some of the shortest statutes of limitations, and Florida’s recently shortened by two years.
Reduced Statute of Limitations
On March 24, 2023, Governor Ron DeSantis signed into law major tort changes that reduced the statute of limitations for personal injury cases from four years to two years. The change took immediate effect, which makes it all the more imperative that you immediately contact a law firm in Tampa if you sustain an injury in an accident.
Changes to the Comparative Negligence System
The recent legislation, HB 837, contained other wide-reaching changes that impact personal injury lawsuits. One such change alters Florida’s comparative negligence system. Until now, a plaintiff could share fault with a defendant and still collect damages if the court found them more at fault. Under the spring 2023 legislation, a plaintiff with a larger share of the fault cannot recover damages from a defendant.
Uniform Standards Set for Calculating Medical Damages
Florida now provides a uniform standard for juries to use when calculating awards for medical costs. This standard ensures that juries award medical damages based on the actual amount accepted by a medical provider for a service, not the amount shown on the initial bill. The new standard keeps the plaintiff from receiving more than they or their insurance company paid for a medical service.
Legislation Passage Causes Flurry of Filings
Florida’s lawyers filed an estimated 100,000 lawsuits in the hours between the passage of the law by a legislative vote of 23–15 on Thursday, March 23rd, and the Governor signing the bill into law on March 24th. The flurry of last-minute filings kept courthouses throughout the state hectic.
By filing the lawsuit on the 23rd, attorneys ensured the previous law’s conditions would apply to their litigants’ cases. That means the awards calculations for their lawsuit would use the pre-reform comparative negligence system rules and calculate medical damages without applying the new uniform standard.
How the Changes Affect Litigants Directly
While the state’s attorneys deal with the complexities of the tort reform, individuals involved in any kind of accident in the state of Florida will have two fewer years to file a lawsuit for damages. The reforms apply to everything from auto accidents to dog bites.
While two years sounds like a long time, individuals who incur serious injuries may not know the extent of the damage or complete their recovery within two years. With injuries such as traumatic brain injury (TBI), loss of a limb, or paralysis, recovery can span years and require multiple procedures.
Individuals also may not learn of injuries when they incur them, such as exposure to harmful materials in their home or workplace that causes illness. The shortened statute of limitations could impede some injured parties from litigation.
