Recent Changes to Florida’s Personal Injury Laws: What You Need to Know in 2025
Florida’s personal injury laws continue to change. In this blog, our attorneys break down the major updates, including stricter deadlines, fault-based recovery limits, and high-tech tools reshaping the courtroom. If you’ve been injured in an accident in Florida, understanding these changes is crucial to protecting your rights.
At Avera & Smith, we’ve been proudly representing Floridians for over 70 years — and one thing we’ve learned is that change is constant, especially when it comes to personal injury law. Florida has recently rolled out several important updates that could impact how and when you pursue a personal injury claim in 2025. Whether you’ve been in a serious accident or you’re advocating for someone who has, staying informed is critical.
In this blog, our personal injury attorneys discuss the most important changes and what they mean for you.
1. Shorter deadlines to file claims
One of the most impactful updates is the shortened statute of limitations for negligence cases. Previously, injury victims had four years to file a claim. Now, that window has been reduced to two years for any incidents occurring after March 24, 2023.
What this means for you: If you’re in a car accident in 2025, you have just 24 months to initiate legal action. Miss that deadline, and you may lose the ability to recover any compensation. If the accident happened before March 24, 2023, the original four-year timeline still applies.
2. Modified comparative negligence: The 50% rule
Florida recently shifted from a “pure” to a modified comparative negligence system. Under this new rule, if you’re found to be more than 50% at fault in an accident, you’re no longer eligible to receive damages.
Let’s say you’re involved in a crash and determined to be 51% responsible — even if your injuries are severe, the law says you won’t be entitled to any compensation. However, medical malpractice cases are not affected by this change and follow different standards.
What this means for you: Cases are now more dependent on strong evidence and a clear showing of fault. Having the right legal team to investigate and present your side of the story is more important than ever.
3. New procedural rules to speed up the legal process
On January 1, 2025, Florida implemented new procedural rules designed to move cases along more efficiently. These include faster case timelines and stricter requirements for evidence — especially in vehicle-related cases involving insurance documentation.
What this means for you: If you’re injured in a car crash and seeking damages from an insurance company, there are now tighter deadlines and disclosure expectations that could influence how quickly your case moves forward.
4. Technology advancements are impacting personal injury cases
Alongside legislative shifts, we’re seeing incredible advances in legal technology that are transforming how cases are handled. Here are some examples of how advanced technology is impacting personal injury cases in Florida.
- Artificial intelligence (AI) tools – Analyze case data, estimate outcomes, spot hidden patterns
- Virtual reality – Recreate accident scenes for juries
- Digital evidence – Capture critical moments vis dashcams, phones, wearables
- 3D imaging and drones – Offer new views of crash scenes or injury environments
What this means for you: Imagine you have been injured in a serious car accident and your case goes to trial. Your attorney can use virtual reality to simulate the accident scene for the jury, creating a near-real experience that shows how the accident happened and conveys the extent of the physical and emotional trauma.
At Avera & Smith, we use the latest technological advancements to strengthen our clients’ cases. We recently secured a multi-million-dollar settlement for a high school student who suffered life-altering injuries in a serious motor vehicle accident. Our personal injury attorneys hired an elite accident reconstruction team to look into the actions of the negligent driver. The team downloaded critical data from the vehicle’s black box to provide critical evidence of how the driver acted negligently.
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If you’ve been injured in an accident — or are helping someone who has — the legal landscape in Florida is more complex than ever. Between reduced filing deadlines, stricter fault standards, and tech-driven changes, navigating your case without experienced guidance can be risky.
With over 70 years of experience, Avera & Smith has helped clients across Gainesville, Ocala, Lake City, Jacksonville, and The Villages recover life-changing verdicts and settlements. We’re known not just for our results, but for our commitment to advocacy — whether it’s a catastrophic car accident, a workers’ compensation case, criminal defense, business litigation, or elder law.
We understand the law, we understand the system, and most importantly — we understand you.
If you’re facing the aftermath of a serious injury, don’t wait. Contact Avera & Smith today to schedule a free consultation and protect your rights under Florida’s new legal framework. Request a free case review through our online form or call 800-654-4659 to speak with one of our attorneys.