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    Home»Blog»What Florida’s 2023 Tort Reform Changed and What Every Crash Victim Needs to Do First
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    What Florida’s 2023 Tort Reform Changed and What Every Crash Victim Needs to Do First

    SatyaBy SatyaApril 14, 20265 Mins Read
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    What Florida's 2023 Tort Reform Changed and What Every Crash Victim Needs to Do First
    Photo by Sora Shimazaki from Pexels
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    Port St. Lucie is one of Florida’s fastest-growing cities, and its road network is under pressure from the population growth that has transformed St. Lucie County over the past decade. US-1 running through the city’s commercial core, Port St. Lucie Boulevard connecting the western communities to the coast, and the expanding residential street network of the Tradition and other planned communities all carry traffic volumes that are straining infrastructure that was designed for a smaller city. The crashes that result on these corridors are governed by Florida’s legal framework, which changed substantially in March 2023 in ways that directly affect what crash victims must do, how quickly they must act, and what the claim investigation must accomplish.

    Contents hide
    1 What HB 837 Changed for Port St. Lucie Car Accident Victims
    2 Florida’s PIP Coverage and How It Interacts With the Liability Claim
    3 Port St. Lucie’s Specific Crash Corridors
    4 The Six-Month Government Notice for FDOT Road Condition Claims

    What HB 837 Changed for Port St. Lucie Car Accident Victims

    Florida’s House Bill 837 made two changes to personal injury law that directly affect every car accident claim in Port St. Lucie. First, it replaced Florida’s prior pure comparative fault standard with a 51 percent modified comparative fault rule that bars recovery entirely when the injured person’s fault equals or exceeds 51 percent of the total causation. Second, it reduced the general negligence statute of limitations from four years to two years for causes of action accruing on or after March 24, 2023.

    The two-year statute is the change that catches most Port St. Lucie crash victims off guard, because the prior four-year period gave injured drivers a sense that they had ample time to handle insurance negotiations informally before consulting an attorney. Under the two-year statute, a driver who spends a year in informal negotiations with the insurer and then begins the legal process has less than twelve months remaining before the right to sue expires. For cases involving ongoing medical treatment that has not reached maximum medical improvement, this compressed timeline creates specific pressure to either resolve the claim before the full damages picture is known or to file a protective lawsuit to preserve the right to sue while treatment continues.

    Florida’s PIP Coverage and How It Interacts With the Liability Claim

    Florida’s no-fault personal injury protection system requires every registered Florida vehicle to carry at least $10,000 in PIP coverage that pays 80 percent of reasonable medical expenses and 60 percent of lost wages regardless of who caused the crash. PIP is paid by the injured person’s own insurer and activates immediately after the crash, providing first-party medical coverage while the liability claim against the at-fault driver is being developed. Port St. Lucie crash victims who delay seeking medical treatment lose the 14-day window within which the initial treatment must occur to preserve full PIP benefits: treatment begun after 14 days of the crash is not eligible for PIP reimbursement under Florida law.

    PIP’s $10,000 limit is exhausted quickly in serious injury cases, and the interaction between PIP’s first-party coverage and the liability claim requires coordination. Medical providers who accept PIP assignment have a lien on any liability settlement that compensates for the same treatment. Managing those liens, and ensuring that the liability settlement accounts for the full treatment costs rather than only the portion not covered by PIP, is part of the settlement management that experienced Port St. Lucie car accident counsel handles from the first days of representation.

    Port St. Lucie’s Specific Crash Corridors

    • US-1 through the commercial core: The primary north-south corridor generates intersection crashes at the signalized crossings serving the commercial development along its length through the city, with left-turn failures at commercial access points producing the highest-severity crashes
    • Port St. Lucie Boulevard from Crosstown Parkway west: The primary east-west connector carries high volumes of commuter and commercial traffic through a series of interchange areas where merge crashes and rear-end crashes concentrate
    • Tradition Parkway and the western communities: The road network serving Port St. Lucie’s western planned communities carries a high proportion of local residential traffic in conditions where intersection crashes at the commercial nodes are the most common serious injury scenario

    The Six-Month Government Notice for FDOT Road Condition Claims

    When a dangerous road condition on a FDOT-maintained highway or a St. Lucie County road contributed to a Port St. Lucie crash, the responsible government entity may share liability. Florida Statute Section 768.28 governs tort claims against Florida government entities. For claims against state agencies including FDOT, written notice must be served within three years of the incident, but best practice is early notice. For claims against St. Lucie County, the same three-year notice period applies under Florida’s Tort Claims Act. The Florida Department of Highway Safety and Motor Vehicles’ crash reporting resources document crash patterns on state-maintained roads in St. Lucie County. An experienced car accident attorney in Port St. Lucie identifies every applicable coverage source, meets every statutory deadline, and builds the objective evidence case before HB 837’s compressed timeline eliminates available options.

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    Satya

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