Florida’s comparative negligence law is vital in determining liability in personal injury cases. This law can significantly impact how much compensation an injured party can recover. Understanding how it works is essential for anyone involved in an accident or injury case in the state.

Comparative negligence refers to the legal principle that allows damages to be divided according to the degree of fault each party bears in an accident. In other words, if both parties involved in an accident are partly responsible, Florida law will apportion the fault and reduce the damages accordingly.

Florida comparative neglgence laws

In 2023, Florida made significant changes to its comparative negligence law, specifically impacting auto insurance claims and the amount of damages a plaintiff can recover in personal injury cases. These changes were primarily made through House Bill 837, which introduced key reforms to Florida’s personal injury and liability laws, including the state’s comparative negligence framework.

Here’s an overview of the major changes that were introduced in 2023:

  1. Impact on the Apportionment of Fault: Under the previous version of Florida’s comparative negligence law, the percentage of fault assigned to each party in an accident directly impacted how much they could recover in damages. If a plaintiff was found partially at fault, their recovery would be reduced by their percentage of fault. 2023 Update: HB 837 implemented changes that limit how damages are apportioned in some circumstances. Now, if a person (plaintiff or defendant) is found to be more than 50% at fault, they may be barred from recovering certain types of damages. This is a departure from the previous law, where even a person who was 99% at fault could still recover a reduced portion of their damages.
  2. Changes to the “Bad Faith” Claims: In the past, Florida law allowed plaintiffs to claim “bad faith” against insurers for unreasonable settlement offers, which could result in higher damages being awarded.2023 Update: The new law significantly limits the ability to pursue bad faith claims against insurers in personal injury cases. Insurers can now argue that they acted in good faith if they offer a reasonable settlement, and plaintiffs must meet stricter criteria to show that an insurer acted in bad faith.
  3. Limits on Non-Economic Damages: Previously, Florida law allowed plaintiffs to recover non-economic damages (e.g., pain and suffering, emotional distress) based on the degree of fault.2023 Update: In line with HB 837, Florida introduced caps on non-economic damages in certain personal injury cases, particularly in medical malpractice cases. This means that even if a plaintiff has suffered significant pain or emotional distress, there are now limits on how much they can recover for these types of damages.
  4. The 2023 Change on Slip and Fall Cases: One significant aspect of HB 837 involved changes to premises liability laws. It raised the burden of proof for plaintiffs in slip-and-fall cases. Under the new law, victims of slip and fall accidents must prove that the property owner knew or should have known about the dangerous condition (such as a wet floor or obstructed pathway) before they can recover damages. This change limits the ability of plaintiffs to recover damages in cases where the property owner might not have had actual knowledge of the hazard.
  5. Increased Focus on Expert Testimony: HB 837 also introduced stricter rules regarding expert witness testimony in personal injury cases. Under the updated rules, expert testimony will now be subject to more rigorous scrutiny. This affects cases where an expert’s opinion might be critical to proving negligence or determining the extent of the injury.
  6. Statute of Limitations and Evidence: HB 837 also changed the statute of limitations in certain cases, especially when it comes to the time window within which a plaintiff must file a claim. In many instances, the statute of limitations was shortened, particularly for certain types of claims. Additionally, the law has now placed more emphasis on evidence and requires stronger and more consistent evidence for injury claims, making it more challenging for plaintiffs to win cases with weak or insufficient evidence.

These changes in Florida’s comparative negligence law are important because they altered the way personal injury cases are handled, particularly in the context of liability and compensation. For plaintiffs, this means that proving fault and recovering damages might be more challenging, especially if they are partially responsible for the accident. For defendants and insurance companies, these changes might result in a more favorable outcome, as plaintiffs will have a higher burden to meet in order to secure compensation.

Anyone pursuing a personal injury claim in Florida should be aware of these changes and how they may impact their ability to recover damages. It’s advisable to consult with an experienced attorney to navigate the complexities of the updated law and ensure that all rights are protected. If you have a claim and are unsure how to proceed, call Probinsky & Cole today.

 

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