When it comes to personal injury cases, it’s important to understand the laws that surround it, therefore making you better equipped to secure the compensation you deserve. While we understand this isn’t the first place your mind goes to after a car accident is definitely important to consider before filing a claim and reaching out to an attorney. We here at Demesmin and Dover law firm aim to keep you informed on the law in a way that you can understand how it may affect your case. That is why we try to update you with any changes going on in your state, so here are some updates for 2025.
Personal Injury Law Updates for the state of Florida:
As you know we started in South Florida and expanded upwards towards Tampa, meaning that Florida serves as our main hub. Therefore the changes enacted in Florida effect our community and clients. On March 23, 2023, Florida approved a massive Tort Reform Act that changed several aspects of filing personal injury cases. What exactly were those changes you might ask? Well lets dive-in a bit and explore how each will effect your case. Personal injury attorneys play a crucial role in helping clients understand and navigate these changes in personal injury law.
Understanding Personal Injury Law
Personal injury law is a complex and multifaceted area of law that deals with cases where an individual has been injured due to the negligence, recklessness, or intentional actions of another person or entity. This type of law is designed to provide compensation to accident victims for their medical expenses, lost wages, and emotional distress.
In Illinois, personal injury law is governed by a set of rules and regulations that dictate how cases are handled and what types of damages can be recovered. For example, the state has a statute of limitations that requires personal injury claims to be filed within a certain timeframe, typically two years from the date the injury occurred.
Personal injury law also involves the concept of legal liability, which refers to the responsibility of one party to compensate another party for their injuries. In Illinois, there are several types of legal liability, including negligence, strict liability, and intentional torts.
Negligence is the most common type of legal liability in personal injury cases. It occurs when one party fails to exercise reasonable care, resulting in harm to another party. For example, if a driver fails to stop at a red light and hits another car, they may be liable for the injuries sustained by the other driver.
Strict liability, on the other hand, is a type of legal liability that holds one party responsible for the injuries of another party, regardless of fault. This type of liability is often applied in cases involving defective products or hazardous activities.
Intentional torts, such as assault and battery, are also covered under personal injury law. These types of cases involve intentional acts that cause harm to another person.
Florida’s Statute of Limitations
Now we know you have probably heard the terminology “statute of limitations” but what exactly does that mean? Well this terminology actually refers to the amount of time between you have to file a case after an incident occurred. With that being said with new tort law that was passed the amount of time in which you had to file a personal injury claim was cut in half. Now individuals only have two years to file their claim, which may seem like a long time but in reality some people don’t even know the full extent of their injuries till later on. This reduced timeframe can significantly impact the ability of an injured person to file a claim.
Florida: Modified Comparative Fault vs Pure Comparative fault
Before this new Tort Reform Act was passed Florida was considered a pure comparative fault state, meaning that fault for an accident isn’t placed solely on one party, and damages are awarded proportionally based on each party’s degree of responsibility. In a car accident, this means that fault is determined based on each party’s actions, and victims can pursue economic and non-economic damages such as medical expenses and emotional distress. This allowed individuals to recover damage even if they were partially at fault. Now Florida has transitioned to a modified comparative fault state, which means the other party needs to be the majority at fault for the accident for you to collect any damages. While this does tend to lean better on the plaintiff side of things in certain cases this could actually negatively affect the compensation in which you could receive.
Florida law on Bad Faith Personal Injury Claims
The new tort reform act has made it harder for an individual to sue an insurance company for a “bad faith” claim. Insurers are responsible for settling insurance claims that meet the policy’s parameters and limits. Documenting medical bills as part of the evidence is crucial in bad faith claims to substantiate the financial implications of the injuries. If your insurance company unfairly settled your account or didn’t pay enough money for your claim, you could sue the company for bad faith. Florida now institutes comparative bad faith, which means award amounts are based on the percentage of fault you had in causing the accident. So, this new ruling can protect insurers but can hurt you in the personal injury claims process.
Filing a Personal Injury Claim
Filing a personal injury claim can be a complex and time-consuming process. It typically begins with the injured party seeking medical attention and documenting their injuries. The next step is to contact a personal injury lawyer who can help guide them through the process.
The lawyer will typically start by gathering evidence, including medical records, police reports, and witness statements. They will also work with the injured party to determine the extent of their damages, including medical expenses, lost wages, and emotional distress.
Once the evidence has been gathered, the lawyer will file a complaint with the court, outlining the injured party’s claims and the damages they are seeking. The defendant will then have the opportunity to respond to the complaint, and the case will proceed to trial or settlement negotiations.
In Illinois, personal injury claims can be filed in either state or federal court, depending on the circumstances of the case. The court will then determine the extent of the defendant’s liability and the amount of damages to be awarded.
Personal Injury Law Updates for the state of Illinois:
As our firm continued to expand into new areas, Chicago was the next area in which we opened an office meaning we also serve Illinois. Therefore we will also go through some changes to the Illinois personal injury laws.
Medical malpractice is one of the types of personal injury cases that can be pursued in Illinois.
Illinois’ Reporting a Car Accident
As of January of this year, Illinois vehicle code (625 ILCS 5/11-406) states that in the event of a motor vehicle collision, it is crucial to understand the reporting requirements to avoid potential consequences, including the suspension of your driver’s license. This means that if you are involved in a crash that results in:
* Physical injuries to any person
* Death
* Damage to property exceeding $1,500
* Damage to property exceeding $500 if any person involved in the crash is uninsured
* Involvement of a school bus
Then you are required to report the incident to law enforcement as soon as possible. This means that you should notify the police or other authorized law enforcement agencies promptly, providing them with all the necessary information about the crash.
Failure to report the crash promptly may result in the suspension of your driver’s license, as per the Illinois Secretary of State’s guidelines. It is essential to take this responsibility seriously and report the incident to ensure that you are in compliance with the law and avoid any potential penalties.
Illinois Law on Yielding to Emergency Vehicles
In Illinois, drivers are required to yield to emergency vehicles, including police cars, fire trucks, and ambulances. This law is designed to ensure the safety of emergency responders and the public.
According to the Illinois Vehicle Code, drivers must yield to emergency vehicles by pulling over to the right side of the road and stopping. They must also remain stopped until the emergency vehicle has passed.
Failure to yield to an emergency vehicle can result in serious consequences, including fines and penalties. In some cases, it can also lead to personal injury lawsuits if the failure to yield results in an accident.
Personal injury lawyers in Illinois are familiar with the state’s laws regarding emergency vehicles and can help accident victims recover damages if they are injured in an accident involving an emergency vehicle.
In addition to yielding to emergency vehicles, drivers in Illinois are also required to exercise caution when approaching emergency scenes. This includes slowing down and being prepared to stop if necessary.
Overall, Illinois law on yielding to emergency vehicles is designed to promote safety and prevent accidents. By following these laws, drivers can help ensure the safety of emergency responders and the public.
Illinois Law on Yielding to Emergency vehicle
A new law, HB 5370, aims to improve safety on Illinois roads by requiring drivers to exercise extra caution when approaching emergency scenes, stopped emergency vehicles, or construction zones. This law is designed to reduce the risk of accidents and protect the lives of emergency responders, construction workers, and other road users.
Yielding to Emergency Scenes and Stopped Emergency Vehicles: When approaching an emergency scene or a stopped emergency vehicle, drivers are required to yield the right of way by moving to another lane, if it is safe to do so. This means that drivers must change lanes to create a safe distance between their vehicle and the emergency scene or stopped emergency vehicle.
Yielding to Construction Zones: Similarly, when approaching a construction zone, drivers must yield the right of way by moving to another lane, if it is safe to do so. This helps to reduce the risk of accidents and protects the lives of construction workers.
Alternative Safety Measure: If changing lanes is not safe, drivers must slow down and maintain a safe distance from the emergency scene, stop emergency vehicle, or construction zone until they have passed the area. This alternative safety measure is designed to ensure that drivers take necessary precautions to avoid accidents, even if changing lanes is not feasible.
Drivers who fail to comply with HB 5370 may face penalties, including fines and points on their driver’s license. Additionally, violating this law may also lead to more severe consequences, such as increased insurance rates or even license suspension. Failing to yield to emergency vehicles can also lead to a personal injury case if it results in an accident.
Why you need to know this information from a Personal Injury Lawyer…
We believe that information is key and whether or not these laws feel relevant to your current situation, they may be relevant in the future. These bits of knowledge may help you avoid issues with filing your case or prevent a personal injury overall. While personal injury law may seem like something only your attorney needs to know, it is actually something that could make or break your case. Understanding personal injury law is crucial for any injured person seeking compensation. Of course, this is only surface level and we do advise you to seek assistance from an experienced lawyer like those here at Demesmin and Dover Law Firm. We are available to you 24-7 because we understand accidents can happen whenever. So call us today at 866-954-MORE(6673) for your free consultation.