In March 2023, Florida enacted significant changes to its negligence laws, making it more difficult for personal injury victims to recover damages. The state transitioned from a pure comparative negligence system to a modified comparative negligence rule. Under this new law, if a plaintiff is found to be more than 50% at fault, they are barred from recovering any compensation. This shift has created several challenges for those pursuing personal injury claims.
How the New Law Affects Personal Injury Cases
Increased Insurance Company Defenses – Insurers now have more leverage to argue that an injured party was primarily at fault, aiming to reduce or eliminate payouts.
Higher Burden of Proof – Victims must present stronger evidence to demonstrate that their fault level is below 50%.
Reduced Settlement Offers – With the risk of a complete bar to recovery, many insurers will offer lower settlements, hoping plaintiffs will settle for less.
Faster Filing Deadlines – The statute of limitations for negligence cases was also reduced from four years to two years, meaning injury victims have half the time to file a claim.
The Law Offices of Evan M. Ostfeld, P.A. can even the playing field!
At the Law Offices of Evan M. Ostfeld, P.A., we understand the complexities of Florida’s new negligence laws and are committed to protecting your rights. Here’s how we can help:
Aggressive Representation – We fight back against insurance companies’ tactics to shift blame unfairly.
Thorough Case Investigation – Our team gathers critical evidence, including witness statements, expert opinions, and accident reconstructions, to strengthen your claim.
Maximizing Compensation – Whether through negotiations or litigation, we ensure you receive the compensation you deserve.
Guidance on Deadlines and Procedures – We keep your case on track, ensuring compliance with the new filing deadline.
If you or a loved one has suffered an injury in Florida, don’t navigate these legal challenges alone. Contact the Law Offices of Evan M. Ostfeld, P.A. today for a free consultation. There are no upfront fees or costs unless we win you case! Call (866) I-SUE-YOU (478-3968). We are here to help!
