In March 2023, Florida made substantial revisions to its comparative negligence laws through House Bill 837 (HB 837), introducing a modified comparative negligence system. These reforms significantly alter the way liability is assigned in personal injury claims, replacing the state's former pure comparative negligence system. The new framework could have a lasting impact on how plaintiffs recover damages, affecting both the strategy of legal practitioners and the potential outcomes for injured individuals.
Florida's Transition from Pure to Modified Comparative Negligence
Previously, Florida followed the pure comparative negligence model, meaning plaintiffs could file a legal action to recover damages even if they were up to 99% at fault for their injuries. Their compensation would simply be reduced by their percentage of fault. For example, a plaintiff who was 80% at fault in a car accident could still recover 20% of the total damages awarded.
Under the new modified comparative negligence standard, which took effect on March 24, 2023, the rules are stricter. Now, if a plaintiff is found to be more than 50% at fault for their injury, they are barred from recovering any damages. This change aligns Florida with the majority of U.S. states that use a modified comparative negligence system.
However, one exception remains: cases involving medical negligence are not subject to this rule, meaning the previous negligence standards still apply in those instances.
Impact on Personal Injury Claims
The shift to a modified comparative negligence model creates significant implications for claimants and their attorneys:
- Limited Recovery for Faulty Parties: Plaintiffs must now ensure their liability does not exceed 50%. For example, if a jury finds a plaintiff 51% responsible for their injuries, they will receive no compensation.
- Increased Defense Strategies: Defendants in personal injury lawsuits may focus more on proving that the plaintiff's fault exceeds the 50% threshold, thus eliminating the possibility of recovery altogether.
- Medical Negligence Exception: Cases of malpractice and wrongful death stemming from medical care remain governed by Florida's prior negligence framework, allowing for more lenient fault allocation.
Related Tort Reforms in HB 837
The updated negligence framework is part of broader tort reform measures, including:
- Statute of Limitations Reduction: The window for filing personal injury claims has been reduced from four years to two years, making it vital for injured parties to act promptly.
- Changes to Medical Damages Evidence: Juries now see only the actual amounts paid for medical care, not inflated medical bills or speculative future costs. This aims to present a more accurate picture of damages.
- Premises Liability Reform: The law provides more protections to property owners in negligent security cases by considering the fault of third-party criminals in injury claims on the property.
Practical Implications for Plaintiffs
With the new comparative negligence rules in place, plaintiffs and their attorneys must adjust their strategies. Here are a few key takeaways:
- Early Legal Action is Critical: The reduced statute of limitations emphasizes the need for timely consultation with a lawyer.
- Mitigating Liability Exposure: Plaintiffs should work closely with their legal teams to gather robust evidence proving the defendant's fault to avoid reaching the 51% threshold.
- More Rigorous Negotiations: Settlement discussions may become more complex, with defendants leveraging the new comparative negligence standard to minimize payouts.
Conclusion
Florida's adoption of a modified comparative negligence system marks a significant shift in personal injury law, making it more challenging for plaintiffs to recover damages if they bear substantial responsibility for their injuries. With these new rules in effect, plaintiffs must build strong cases and act swiftly, especially given the reduced filing deadlines. Legal professionals will need to stay on top of these changes to effectively navigate claims under the new framework.
These reforms aim to reduce what lawmakers see as excessive litigation and shift the legal balance toward defendants and insurers. As HB 837 takes effect, both sides in personal injury cases will need to adjust to the evolving legal landscape.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.