Personal injury litigation is determined by Florida law. Any changes in federal or state law will change the way a personal injury lawsuit is litigated. If an individual was negligent or purposely caused someone to be hurt, new laws may change the outcome of the case and the amount of damages the victim receives. Listed in this article are a few recent Acts amending current laws that can change a personal injury lawsuit.
• Seat Belt Usage – Effective June of 2009 – Traffic Accidents and Injuries
Florida’s seat belt law has been modified to include individuals riding in pick-up trucks. Unless you are medically excused from wearing a seat belt or are a newspaper delivery person, current law states you must wear one,
• Drug and Alcohol Abuse Program – Effective July 2009 – DUI
One of the top causes of personal injuries is caused by individuals driving under the influence of drugs and alcohol (DUI). The state of Florida’s Agency for Healthcare Administration is directed to license addiction facilities that act as integrated adult mental health crisis stabilization units and has set criteria for requirements for the treatment.
• Zero Tolerance Policies – Effective July 2009 – School Injuries
Schools are to attempt alternative dispute resolution, teen court, or referral to a law enforcement agency instead of automatic expulsion for committing an act that compromises student or school safety. Each case is handled on a case by case basis. Also, corporal punishment in Florida schools now requires that another adult be present, and that only teachers or the school principal is allowed to impose corporal punishment. Parents of students in Florida should be aware of the new Zero Tolerance policies and how they may affect your child’s health and rights.
• Physicians – Effective July 2009 – Medical Malpractice
This Act modifies responsibilities of physician assistants and the supervisory role the physician responsible for the assistant must take regarding care and medication. If you are involved in a medical malpractice lawsuit, knowing the changes in this Act is important.
If you would like to view the entire list of recent Acts and the laws they modify, visit the Florida Department of State Library’s website (http://laws.flrules.org/2010).
If you already involved in personal injury litigation, ask your attorney if any of these recent Acts will change your lawsuit.
If you’d like to learn more about personal injury litigation in Florida, please visit our Fort Lauderdale personal injury website.
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