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9 Aug

A Quick Review of the Latest Changes in Personal Injury Law

By Melissa Hidalgo

As of early 2024, there have been no substantial changes to the personal injury laws in Florida, specifically Orlando, since the major reforms done in 2023. However, here at Injury Assistance Law Firm our commitment is to keep you informed about the recent trends, news and updates in this field. 

In 2023, Florida significantly overhauled its personal injury laws, including modifications to comparative negligence, the statute of limitations, and medical bill reimbursement. These changes have had a profound impact on personal injury cases in the state.

While it's essential to stay updated on any potential legal developments, the primary focus for individuals involved in personal injury cases in Orlando is understanding and adapting to these changes.

The personal injury legal landscape in Orlando, Florida, has undergone significant transformations in recent years. These changes have impacted how personal injury claims are handled, the potential for recovery, and the overall legal process.

Key Changes in Florida Personal Injury Law

One of the most significant impacts on personal injury cases in Orlando stems from the broader changes in Florida state law. In 2023, Florida enacted a comprehensive personal injury reform bill that introduced several key modifications:

  • Modified Comparative Negligence: This change has significantly impacted how fault is determined in personal injury cases. Previously, Florida adhered to a pure comparative negligence system, allowing plaintiffs to recover damages even if they were partially at fault. The new law introduces a threshold of 51%, meaning if a plaintiff is found to be more than 50% responsible for the accident, they cannot recover damages.
  • Reduced Statute of Limitations: The timeframe for filing personal injury lawsuits has been shortened, limiting the time available for victims to seek compensation.
  • Changes to Medical Bill Reimbursement: The law has introduced new regulations regarding the reimbursement of medical bills, potentially impacting the overall value of personal injury claims.
  • Attorney Fee Caps: The bill also includes provisions affecting attorney fee awards, which could impact the financial incentives for taking on certain cases.

Impact on Orlando Personal Injury Cases

These statewide changes have direct implications for personal injury cases in Orlando. It's crucial for individuals involved in accidents to be aware of these modifications and consult with our experienced personal injury lawyers in Orlando to understand how they might affect their case.

Some specific areas where these changes are noticeable include:

  • Increased Difficulty in Proving Liability: The modified comparative negligence law places a higher burden of proof on plaintiffs, making it more challenging to establish liability and recover damages.
  • Shorter Deadlines for Filing Claims: The reduced statute of limitations emphasizes the importance of seeking legal advice promptly after an accident to ensure timely filing of a claim.
  • Potential Challenges in Calculating Damages: Changes in medical bill reimbursement and attorney fee caps can affect the overall value of a personal injury claim.

Do these Changes Affect the Victims? 

The 2023 reforms to Florida's personal injury laws have significantly impacted the landscape for accident victims. These changes have made it more challenging to recover damages, and it's essential for potential clients to understand the implications.

Here's why you should be concerned:

  • Less Chances of Recovery: The modified comparative negligence law means you must be less than 50% at fault to recover damages. This is a higher bar than before and can make it more difficult to prove your case. Under the new law, a plaintiff can only recover damages if their degree of fault for the accident is less than 50%. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages.
  • Shorter Deadlines: The reduced statute of limitations gives you less time to file a claim. It's crucial to act quickly after an accident to protect your rights.
  • Lower Potential Payouts: Changes in medical bill reimbursement and personal injury attorney fees can impact the overall value of your claim.

What can you do?

  • Act Quick: Time is of the essence. Contact a personal injury Lawyer in Orlando as soon as possible after an accident.
  • Choose your attorney carefully: Look for an attorney with experience handling cases under the new laws. They can guide you through the complexities and maximize your chances of a successful claim.
  • Understand your rights: Educate yourself about the changes in the law. This will help you make informed decisions and protect your interests.

By being aware of these changes and taking proactive steps, you can improve your chances of a successful outcome if you're involved in a personal injury accident.

Importance of Legal Counsel

Given the complexities of the new legal landscape, consulting with an experienced personal injury attorney in Orlando is essential. An attorney can help you navigate the changes, assess the impact on your case, and maximize your chances of a successful outcome.

The complexities of personal injury law, coupled with the potential financial and emotional consequences of an accident, underscore the critical role of legal counsel. An experienced personal injury attorney can provide valuable guidance and support throughout the legal process.

Attorneys specializing in personal injury law possess in-depth knowledge of the relevant laws, regulations, and case precedents. They understand the intricacies of insurance claims, medical records, and the litigation process. This expertise is crucial in building a strong case and maximizing potential compensation.

A skilled personal injury attorney meticulously investigates the accident, gather evidence, and interviews witnesses to build a compelling case.

Injury Assistance Law Firm at your Service 

Navigating the legal system can be overwhelming, especially during a difficult time. A personal injury attorney will protect your rights, ensure all deadlines are met, and prioritize your interests throughout the process.

By entrusting your case to a qualified personal injury attorney, you increase your chances of a successful outcome and can focus on recovering from your injuries.