fault, they would not be able to recover anything. This has been applied to almost all negligence cases except for medical malpractice cases. Second, prior to the passing of Florida’s New Tort Reform Law, a Plaintiff had four years from the date of loss in standard, non-fatal negligence cases. The new law has shortened that from four years to two years. If a car accident occurred prior to March 24, 2023, that case would still have the 4-year pre-tort reform statute of limitations, but other tort reform changes, such as the modified comparative negligence standard, would still apply to those cases if the lawsuit was filed after March 24, 2023. Third, the admissibility of how a Plaintiff can present evidence the amount of their medical bills was significantly changed under Florida’s New Tort Reform Law. Prior to the new law, Plaintiffs were allowed to present the full amount of charged medical expenses to a jury. Since the new law was passed, Plaintiff’s are limited in what amounts they can present for 8 LAWYER MONTHLY APRIL 2024 It is important that a personal injury attorney gives realistic expectations about the potential issues that may arise and takes the time to explain the process to their clients.
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