Florida recently passed legislation that monumentally changes the ability of injury victims to collect compensation. This sweeping legislation has multiple components, three of which we will explore:
New Comparative Negligence Approach
Historically, Florida’s legal system used a pure comparative negligence approach. With pure comparative negligence, a jury determined how much the injured person was responsible for their own injuries and then allowed them to recover damages for the remainder. For example, if a jury found a victim is 51% responsible for their own injuries, the victim could still recover 49% of their damages from the person who injured them. With the new legislation, Florida will no longer use pure comparative negligence and instead will switch to a modified comparative negligence approach, as many other states do. With this new approach, an injured person must not be more than 50% at fault to collect any damages at all. Using our previous example, if someone is found to be 51% responsible for their own injuries, they cannot collect any compensation from the person who injured them.
Statute of Limitations Reduction
Florida previously had a four-year statute of limitations for general negligence claims. This means that a victim had four years after an injury to file a lawsuit against the person(s) or entities that caused their injuries. With the new law, the statute of limitations was reduced to two years, cutting in half the amount of time that injury victims have to file a lawsuit to collect compensation for their injuries.
Change in Negligent Security Fault Assumptions
Florida law requires that property owners create a safe environment for those who are lawfully on their property by providing adequate security against foreseeable criminal acts. This could include lighting dark parking lots, keeping shrubs trimmed low, hiring security guards and bouncers, installing security cameras, etc. Under the previous Florida law, if a criminal injured someone on private property, the crime victim could press criminal charges against the perpetrator and file a civil lawsuit against the property owner for negligent security to receive injury compensation. This approach has been instrumental in helping crime victims recover compensation since most street criminals lack sufficient resources to pay for the medical expenses of their victims. Under the new law, to secure compensation for injuries, crime victims will have to sue the criminal as well as the property owner and the jury will apportion damages based on the amount that each party was responsible for the crime. For example, a jury may find that a criminal was 80% responsible for the crime and the property owner was 20% responsible. In this situation, the crime victim would likely only recover 20% of the compensation they are due.
Florida’s new legislation will make it more challenging for victims to recover damages for their injuries, making it more important than ever to contact an experienced and knowledgeable personal injury attorney who will aggressively fight for you to receive the compensation you are due. If you were injured due to someone else’s negligence, contact ECanter Lawyers today for a free case consultation.
When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language. ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options.
For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers. Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements. ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.
With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation.
ECanter Lawyers
561-447-4500
Boca Raton | West Palm Beach | Coral Springs | Ft. Lauderdale | Miami
Our South Florida personal injury law firm offers you the personalized attention that you need in order to maximize your compensation.. We’re available to you 24 hours a day, 7 days a week.
Our firm operates on a contingency-fee basis, which means that you pay us nothing unless we make a recovery for you!
Don't hesitate to call us anytime; we want to know you and your family, how your legal issue is affecting you, and what we can do to help.
Named one of AVVO's Clients' Choice, Mr. Canter has helped his clients receive multi-million-dollar verdicts, and millions of dollars in settlements.
You will speak directly to a member of the team at ECanter Lawyers. Our Boca Raton attorneys want you to be as informed as possible with your own case, so ask us questions until you feel completely comfortable.
With over two decades of experience, Eric Canter has handled thousands of personal injury cases and we use that experience to maximize case results for all of clients.
Our South Florida personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. We have offices conveniently located throughout South Florida in Boca Raton, Coral Springs, West Palm Beach, Ft. Lauderdale, and Miami, Florida, so we're never too far away from where you are. Our firm operates on a contingency-fee basis, which means that you pay us nothing unless we make a recovery for you.
We’re available to you 24 hours a day, 7 days a week. Our firm operates on a contingency-fee basis, which means that you pay us nothing unless we make a recovery for you!
3335 NW Boca Raton Blvd.
Boca Raton, Florida 33431
Phone: (561) 447-4500
Office Time: 24 / 7
Disclaimer: The information throughout this south Florida personal injury lawyer website is not intended to be taken as legal advice. The information provided by ECanter Lawyers is intended to provide general information regarding injury and accident claims including car & truck accidents, medical malpractice lawsuits, premises liability claims, product liability, and workers’ compensation claims for South Florida residents. If you are interested in a free case review please contact our injury attorney, Eric Canter. We now serve the following locations: Palm Beach County including Boca Raton, Boynton Beach, Delray Beach, Greenacres, Lake Worth, Royal Palm Beach, Wellington, and West Palm Beach; Broward County including but not limited to Coral Springs, Deerfield Beach, Fort Lauderdale, Lighthouse Point, Margate, and Pompano Beach; and Miami-Dade County including Miami. © 2024 Copyright ECanter Lawyers. All Rights Reserved. We now serve the following locations: Palm Beach County including Boca Raton, Boynton Beach, Delray Beach, Greenacres, Lake Worth, Royal Palm Beach, Wellington, and West Palm Beach; Broward County including but not limited to Coral Springs, Deerfield Beach, Fort Lauderdale, Lighthouse Point, Margate, and Pompano Beach; and Miami-Dade County including Miami. Web Development by IWD Marketing
