Florida's legal landscape continues to evolve, bringing changes that affect how injury victims can pursue justice. Whether you were hurt in a boating accident, car crash, slip and fall, or medical mistake, staying informed about these developments helps protect your rights. As trial lawyers who prepare every case for court from day one, we monitor these changes to better help victims of accidents recover for their damages. Here are some important updates to personal injury law that you need to know in 2026.
Amended Florida Rules of Civil Procedure
On January 1, 2026, additional updates to Florida's civil procedure rules took effect, building on major changes implemented throughout 2025. These amendments continue to reshape how injury cases move through the courts.
The most recent changes focus on default judgments and trial settings. In Florida, if a defendant fails to respond to a lawsuit within the required timeframe, the plaintiff can ask the court clerk to officially record that the defendant didn't answer. Once this failure to respond is entered on the record, the plaintiff must then file a motion for default judgment asking the court to rule in their favor. The court will determine whether to grant the judgment and, if the damages aren't specified, may hold a hearing to decide the appropriate amount.
With these new changes, before a clerk can enter a default, the plaintiff must file a motion for default and serve it on the defendant. The defendant continues to receive notice of court filings throughout the process, including after the default is entered. When the amount of damages isn't clearly determined by a contract or fixed sum, which is common in personal injury cases, the court must provide advance notice to the defaulted party before scheduling any hearing to determine what they owe.
These latest amendments work together with the comprehensive 2025 overhaul that introduced case management tracks (streamlined, general, and complex) and 60-day initial disclosure requirements.
What This Means for Injury Victims:
If you were injured on a boat, in a car accident, or on someone else's property, evidence must be preserved right away. Surveillance footage gets deleted. Witnesses forget details. Medical records need immediate requests.
For maritime accidents, auto collisions, and premises liability cases, the investigation must start the moment you contact a lawyer. The 60-day disclosure deadline approaches quickly, and by filing time, witnesses must be identified, documents gathered, and damages calculated.
These evolving rules reward lawyers who move fast and punish those who delay. Choosing experienced trial counsel who can investigate immediately is now even more critical.
Source: Florida Rules of Civil Procedure 1.440, 1.500; Case No. SC2023-0962 (effective January 1, 2025); Florida Rules of Civil Procedure 1.200, 1.201, 1.280.
Major Supreme Court Decision Opens Doors for Medical Malpractice Victims
On January 20, 2026, the U.S. Supreme Court issued a decision that carries significant weight for Florida medical malpractice cases filed in federal court.
A retired attorney sued his Delaware doctors in federal court for allegedly mishandling his broken ankle. Delaware law requires medical malpractice lawsuits to include an expert affidavit—a sworn statement from another doctor saying the lawsuit has merit—before filing. When he couldn't get this affidavit, the court dismissed his case.
The Supreme Court unanimously reversed this decision. All nine justices agreed that federal courts don't have to follow state laws requiring expert affidavits upfront. Federal rules only require "a short and plain statement of the claim" to start a lawsuit. Demanding expert evidence before filing asks for too much, too soon.
Why This Matters in Florida
Florida has nearly identical requirements for medical malpractice cases. Under Florida Statutes § 766.106 and § 766.203, you must conduct a pre-suit investigation and obtain an expert affidavit before filing. You must send a "Notice of Intent" to the doctor or hospital, triggering a 90-day investigation period before you can sue.
These requirements exist in Florida state court and almost certainly aren't going anywhere. But if your medical malpractice case can be filed in federal court, you likely do not need the expert affidavit upfront.
Federal courts hear cases when parties are from different states, and the damages exceed $75,000. For Florida residents injured by out-of-state healthcare providers, or cases involving federal facilities or interstate medical companies, federal court may be an option.
Getting expert affidavits before filing is expensive and time-consuming. Doctors are often reluctant to testify against other doctors. Pre-suit requirements can delay justice for months while victims struggle with large medical bills.
This Supreme Court decision creates a strategic choice. In the right circumstances, filing in federal court lets you start your case faster, without Florida's pre-suit requirements. You'll still need expert testimony eventually—but you can file first and develop expert proof during discovery.
For victims of medical negligence, such as surgical errors, misdiagnosis, medication mistakes, birth injuries, or nursing home abuse, this decision opens new pathways to justice.
Source: Berk v. Choy, U.S. Supreme Court Case No. 24-440 (January 20, 2026); Florida Statutes § 766.106, § 766.203
What Didn't Pass: A Glimpse at the Future
Understanding what lawmakers tried to change—but failed—tells you where Florida law might be heading.
PIP Repeal (House Bill 1181): In 2025, Florida lawmakers proposed ending the state's 50-year-old "no-fault" auto insurance system. Currently, all drivers carry Personal Injury Protection (PIP) insurance paying up to $10,000 for medical bills regardless of fault.
HB 1181 would have eliminated PIP entirely on July 1, 2026, replacing it with mandatory bodily injury liability coverage. This would have let car accident victims sue for all damages—including pain and suffering—without meeting any injury threshold. The bill died in committee in June 2025, and Florida's PIP system remains unchanged.
Medical Provider Attorney Fees (House Bill 1437): Medical providers who treat car accident victims often struggle to collect PIP payments from insurance companies. HB 1437 would have let doctors and hospitals recover attorney fees when they sue insurers for unpaid bills. This bill also died in committee, leaving many healthcare providers reluctant to treat accident victims because collecting payment can be too expensive.
Why These Failed Bills Matter: These proposals show where Florida legislators see problems and help predict changes in the future. Across the state, the PIP system is widely viewed as broken, as it increases insurance premiums while limiting victims' rights. While these specific bills failed, similar proposals will likely resurface in future legislative sessions currently underway.
Our Commitment: Preparing For Trial from Day One
Personal injury cases are more complex, time-sensitive, and aggressively defended than ever. Insurance companies know the rules, exploit every deadline, and fight harder to pay less.
At Mase Seitz Briggs, we prepare every case for trial from the moment you walk through our door. When we accept a maritime or serious personal injury case, we immediately consult with experts, obtain vessel or vehicle records, interview witnesses, and work with the insurance companies.
Insurance companies know which law firms are willing and able to take cases to trial. They adjust settlement offers based on the attorney across the table. When your lawyer has already retained experts, gathered evidence, and set a trial date, the insurance company faces real consequences for refusing fair settlement.
Take Action Now
Florida's evolving laws create new challenges, but they don't eliminate your rights. Victims injured through others' negligence—whether maritime accidents, auto collisions, medical mistakes, or premises liability incidents—still deserve full compensation.
However, exercising those rights requires urgency. The two-year statute of limitations (deadline to file a lawsuit) from the 2023 tort reform law means time-sensitive action is essential. The new 60-day disclosure requirement means evidence must be preserved immediately. The U.S. Supreme Court's medical malpractice decision creates new strategic options that require experienced counsel to navigate.
If you or someone you love has been injured, contact our firm for a comprehensive consultation. As trial lawyers practicing in both state and federal courts—handling everything from maritime cases to complex medical malpractice—we understand how these laws affect your specific situation. More importantly, we know how to build cases designed to win, because we prepare every case as if we'll be in front of a jury.
The laws have changed. The insurance companies have adapted. Your legal representation must be equally prepared for what's ahead.
Talk to a Lawyer About Your Case Today
If you were injured in an accident in Florida, you do not have to handle it alone. The trial lawyers at Mase Seitz Briggs are ready to help you understand your rights and get the compensation you deserve. Contact us today.
Disclaimer: This article provides general information only and does not constitute legal advice. Personal injury laws are complex and fact-specific. The two-year statute of limitations means immediate action is often required. Consult with a qualified attorney about your specific situation as soon as possible.
