In our Silver & Silver, PA blog posts we repeat the importance of getting an experienced personal injury attorney involved ASAP after an accident. Think we’re just blowing our own horn? The cold, hard fact is, Florida personal injury law practice is not like the other 49 states. The laws and the judicial system here are, unfortunately, a special case. The Florida Chamber of Commerce, citing a study by the American Tort Reform Association (ATRA), admits that our Sunshine State is “…the nation’s worse judicial Hellhole”. That’s why Florida accident victims need timely legal guidance.
A “tort” is, simply put, a civil wrong. That is, a bad deed that injures or damages another. Personal injury cases fall into this category. The injured party seeks financial compensation for harm caused by the wrongful conduct ( negligence) of the defendant. Torts are not crimes, they are civil wrongs. Sometimes a single act leads to both criminal charges and a tort. For example, a defendant found not guilty when tried for murder can still be sued by the victim’s survivors for wrongful death, a tort.
FLORIDA TORT LAW BATTLES
The “sand traps” of the Florida personal injury legal scene stem from a variety of factors. What it boils down to, though, is that the various players haven’t resolved conflicting interests as they have in other States.
Plaintiffs seek, and deserve, fair and full compensation for the harm done to them. Defendants and their insurers, on the other hand, prefer that the law limit the damages they can be required to pay. The position of plaintiffs’ and defendants’ lawyers tend to align with those of their clients. The Florida Supreme Court has no financial dog in this fight. The Justices, however, are people of strong principles. Opposing principles, in the matter of tort reform.
FLORIDA PERSONAL INJURY LAW
In recent years, the Florida Legislature has passed, and the Governor has signed into law, measures many see as anti-plaintiff. Caps on the damages a jury can award a plaintiff in personal injury cases, for example. The Florida Supreme Court, though, has struck down these laws. In 2017 the “pro-plaintiff” balance of power on the Court changed in favor of defendants. Nonetheless, a 4-3 majority still tilted to the plaintiff side. In March 2019 Governor De Santis appointed three new Justices to the Court. We do not yet know how this will play out. We are, of course, paying close attention.
This climate of uncertainty, these “shifting sands”, are why an accident victim in Florida needs fast help. The help of personal injury lawyers with the experience and reputation to steer a claim through to justice. Immediate help, because it’s too easy to do things (or not do things) in the aftermath of an accident that weaken claims. Don’t add insult to injury.
Silver & Silver, PA attorneys and the firm itself have the 25+ years’ track record that earns the respect and attention of defense lawyers and judges alike. When you or a loved one has been injured in Florida, call us for a free initial consultation. We take no fees unless we recover compensation for you.