Personal injury law in Florida is a critical aspect of the legal system that impacts countless individuals each year. Whether it’s a car accident, slip and fall, or wrongful death claim, the legal landscape is continually evolving. Keeping our local community informed is important to us – but remember, if you have an immediate need, don’t trust what you read – because legal changes are always happening. Call today if you need guidance from an expert in personal injury law.

In the meantime, here are some changes that may affect how we approach personal injury in the future.

Florida’s Personal Injury Protection (PIP) Laws: In Florida, Personal Injury Protection (PIP) insurance is mandatory for all drivers, but recent changes have impacted how these claims are processed. Starting in 2022, Florida passed legal changes that require a higher level of proof to access PIP benefits and impose a limit on how long after an accident you can seek medical treatment.
Florida’s “No-Fault” Insurance System: Florida has long been a “no-fault” state, meaning that in the event of a car accident, drivers typically file a claim with their own insurance company, regardless of who caused the accident. However, there has been ongoing debate about whether this system serves the best interest of accident victims. Recently, lawmakers have discussed abolishing the no-fault system in favor of a more traditional fault-based system. This change could dramatically affect the way personal injury claims are handled.
Florida’s New Tort Reform: Tort reform refers to the legal changes in rules surrounding personal injury lawsuits. Recently, Florida lawmakers have considered various tort reform measures that would limit the ability of plaintiffs to file lawsuits and reduce the amount of compensation that can be awarded. For personal injury victims, these reforms could be detrimental. As a claimant, it will be essential to understand these legislative changes and their potential impact on your rights.
Recent Supreme Court Decisions: The Florida Supreme Court’s decisions can have far-reaching consequences for personal injury law. In recent years, the Court has made several rulings that affect everything from damages in medical malpractice cases to the standards for proving negligence in car accidents. Keeping track of these legal changes and analyzing their implications for personal injury victims is key. (Don’t worry, your personal injury attorney can help.)
Slip and Fall Laws: Slip and fall accidents are one of the most common types of personal injury claims in Florida. In recent years, there have been significant changes in how courts interpret premises liability and negligence in slip and fall cases.
Comparative Negligence: Florida follows the comparative negligence rule, which means that if you are partially at fault for an accident, your compensation can be reduced in proportion to your degree of fault. However, recent updates in how the law interprets comparative negligence may change how cases are handled in court.
Florida’s Growing Elderly Population: Florida has one of the largest populations of retirees in the U.S., and as the elderly population continues to grow, so do personal injury claims related to nursing home abuse, neglect, and fall injuries. New laws aimed at protecting senior citizens are being proposed and passed, influencing personal injury law in new ways.
Recent Changes to Motorcycle Injury Laws: Motorcycle accidents are a significant cause of personal injury claims in Florida, particularly with the state’s year-round warm weather and large population of motorcycle riders. Florida’s laws regarding helmets, lane splitting, and insurance requirements are continually evolving, and these legal changes can significantly impact the outcome of personal injury lawsuits.
Distracted Driving Accidents: Distracted driving, particularly due to cell phone use, has become a growing problem in Florida, with accidents related to texting or using smartphones on the rise. The law is evolving to address this issue and hold distracted drivers accountable.
The Future of Florida Wrongful Death Claims: Wrongful death lawsuits are an essential part of personal injury law, particularly when the negligence of another party leads to the loss of life. In Florida, recent legal updates, including changes to the statute of limitations and new guidelines for proving wrongful death, have impacted how these cases are litigated.

In the next few months, we will examine each of the above topics in more detail. Should you need legal assistance, however, don’t delay. The sooner you have an experienced personal injury attorney working for you, the better your chances of a successful outcome are.

Probinsky & Cole has offices in Sarasota, Brandon, and Orlando, Florida.