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Tampa Car Accident Lawyers > Blog > Personal Injury > DeSantis Tort Reform Package Makes it More Difficult to Sue

DeSantis Tort Reform Package Makes it More Difficult to Sue


Recently, Republican Governor Ron DeSantis signed a measure into law that will make it more difficult for Floridians to file personal injury lawsuits against just about anybody. The law rolled back regulations that were in place for decades and restricted certain types of lawsuits from being filed at all. In this article, the Tampa, FL personal injury lawyers at The Matassini Law Firm will discuss the new measures, how they work, and what happens now.

Pure comparative negligence is gone 

Florida once operated on a system of pure comparative negligence that is similar to California’s system. In a pure comparative negligence state, an injured party can file a personal injury lawsuit even if they are 90% responsible for their own injuries. They would, under a system of pure comparative negligence, be able to recover 10% of their overall damages in a claim against a negligent party. So, if a jury awarded them $100,000, they would be able to recover 10% of that total or $10,000.

Florida has since done away with this system and now operates on a system of contributory negligence. Under the new rules, an individual must not be more than 50% responsible for their own injuries to file a claim against a negligent party. If they are, their claim is barred.

The statute of limitations just got lower 

Under the previous system, an injured party had 4 years from the date of their injury to file a lawsuit against a negligent party. The new rule changed the statute of limitations to 2 years. Now, you only have 2 years from the date of your injury to file a claim against a negligent party.

Changes to bad faith insurance claims 

In addition to the aforementioned changes, the bill introduced modifications to Florida’s bad faith system. The bad faith framework holds insurance companies accountable for acting unfairly toward their policyholders. The revised legislation would allow insurers to avoid third-party bad faith allegations if they were to pay out the policy limits or the amount demanded by the claimant within 120 days of receiving the claim.

Who benefits from these changes? 

Insurance companies and businesses that face personal injury lawsuits benefit from the revised legislation. The new rules make it more difficult to sue both businesses and insurance companies. Under the old system of torts, litigants had more time to bring a lawsuit against a negligent party. They could still recover damages if they were more than 50% at fault for their own injuries. They had more leverage to hold insurance companies accountable for bad faith claims.

That being said, many states operate on a system that is similar to the one now employed in the State of Florida. Colorado, for instance, operates on a similar system of contributory negligence. These reforms are broadly employed across the U.S. and will weed out some weaker claims.

Talk to a Tampa, FL Personal Injury Lawyer Today 

The Tampa, FL personal injury lawyers at The Matassini Law Firm represent the interests of plaintiffs in lawsuits filed against negligent parties. Call our office today to schedule a free consultation and we can begin discussing your road to recovery right away.

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The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or your attorneys need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay car accident lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa car accident attorneys, call us today at 813-217-5715 or contact us online.

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