In a significant development that has stirred the legal landscape of Florida, the state has implemented new Tort Reform measures, bringing about substantial alterations to the dynamics of personal injury cases. Potential accident victims now have less time to take action, a lower chance of recovering damages in certain circumstances and may receive smaller awards. It is more important than ever to be represented by an experienced personal injury attorney with a track record of success.

Four Major Changes

While Florida’s Tort Reform Bill is far-reaching, four areas of the reform drastically change the way personal injury litigation is done in the state.

1. Reduced Statute of Limitations

The first major change in the new Tort Reform revolves around the reduction of the statute of limitations for filing personal injury cases. Traditionally set at four years, this crucial time frame has been cut back to just two years.

In some cases, two years may not be enough time for victims of serious accidents to undergo their medical procedures, liaise with an attorney and negotiate potential settlements with the insurance companies.

The new statute of limitations means that personal injury victims need to act faster than ever in choosing an attorney and filing their cases.

2. Shift from Comparative to Contributory Negligence

The second significant alteration involves a shift from comparative negligence to contributory negligence. In the past, individuals could pursue damages even if they were primarily at fault. The way it worked under the comparative negligence model, was that if an individual were injured in an accident in which they were 60% at fault, they would still be able to be awarded 40% of the damages in the case. If the total award in that case were $1,000,000 the accident victim with 60% of the fault could still be awarded up to $400,000 for the portion of the accident that was not their fault.

However, under the new laws, victims are barred from seeking damages if they are shown to be 50% or more at fault. Under this new model, the accident victim described above would receive nothing at all since they were 60% at fault. This change in the law raises questions about the fairness of denying recovery to those who were not entirely at fault.

3. Calculation of Damages and Collateral Sources

The third major change introduces a nuanced approach to the calculation of damages by considering future payments from “collateral sources.” These include payments from disability insurance or health insurance. The law now mandates that damages related to medical expenses be calculated based on the actual out-of-pocket amount that must be paid after these collateral sources have been exhausted. While aimed at rationalizing payouts, concerns have been raised about the potential unfairness in assessing a victim’s future economic situation.

4. Mandatory Declaration of Letters of Protection

The fourth and final major change focuses on the transparency of agreements between doctors and accident victims. All letters of protection written by doctors against the outcome of a personal injury case must now be declared to the court. Letters of protection are agreements wherein doctors agree to collect payment once a case is won and an award is paid. This newfound transparency aims to ensure that such agreements are subject to scrutiny and oversight. While this seems fair at first glance, it also unduly benefits the insurance companies by creating an administrative burden on the accident victims and their doctors.

“… under the new laws, victims are barred from seeking damages if they are shown to be 50% or more at fault.”

Potential Implications

Florida’s new Tort Reform statutes bring about significant changes to the landscape of personal injury litigation in the state. As individuals grapple with the implications of reduced timelines, stricter fault thresholds, and altered calculations of damages, the legal community and the public at large will closely monitor the real-world impact of these reforms. The balance between expediting legal proceedings and ensuring justice for the victims remains a central point of contention, marking this legislative shift as a critical juncture in Florida’s legal history.

While proponents argue that these reforms streamline the legal process, promote efficiency, and prevent frivolous claims, critics contend that Florida’s new Tort Reform does not benefit the people of the state. There are real concerns that these changes serve the interests of corporate entities, particularly insurance companies. The increased difficulty in suing for damages and the reduction in potential awards in personal injury cases disproportionately favor these corporate interests over the rights and well-being of accident victims.

The Importance of the Right Attorney

Given the changes brought on by Florida’s recent Tort Reform, it is more important than ever for accident victims to carefully choose their personal injury attorneys. The decision often comes down to either choosing a large law firm or a smaller firm. Larger firms have the resources to confront the insurance industry and other large corporations in a potentially extended legal battle, but may not have the partner-level attention to detail of a smaller firm. Smaller firms can assign partner-level attorneys to a case, a huge benefit in the new environment brought on by Tort Reform. However, these smaller firms may not have the resources to sustain months and possibly years of legal action.

If you are an accident victim, you will require a law firm that can give you the best of both worlds: the resources of a larger firm and the partner-level attention to detail of a smaller firm.

South Florida Law

South Florida Law is such a law firm as we have big firm resources and small firm attention to detail.

If you are injured in a car accident, a slip and fall or trip and fall accident, or as a result of using a product that malfunctioned or was poorly designed the attorneys of South Florida Law can evaluate your case quickly and, if we bring on your case, seek a just award that compensates you for your pain and suffering, medical bills, and loss of income.

Another benefit of working with South Florida law is that we use a contingency fee, which means that you pay us nothing unless we win your case for you. Contact us today for a free case evaluation by calling (954) 900-8885 or via our contact form.