On March 24, 2023, the Florida Senate passed a Florida Tort Reform Bill, numbered CS/CS/HB 837 (HB 837). This comprehensive tort reform bill, HB 837, was signed by Florida Governor Ron DeSantis and was effective immediately. 

However, certain provisions of the bill will only apply to causes of action that accrue after the Florida Tort Reform bill 2023 effective date. And as per the law, it will not affect the rights under current insurance contracts. Due to this, people are rushing to file their personal injury claims and other lawsuits before the bill is signed. This causes a high volume of filings resulting in delays over the coming several weeks and months.  

The main focus of this bill is to reduce frivolous lawsuits.Not only this, but this bill also refrains from predatory practices of attorneys by limiting personal injury lawsuits, insurance litigation, and lawyer’s fees. This will be highly beneficial for businesses, property owners, and insurance carriers. At the same time, some people believe it will make it more difficult for plaintiffs to recover damages or for victims who have been injured to get the compensation they deserve. This is why it’s crucial to learn more about Florida’s tort reform bill.

If you have been injured in an accident, you may be curious about the implications of Florida’s Tort Reform Bill.

The Florida tort reform bill 837 makes numerous significant changes to Florida’s tort law. In this post, we’ll explain the Florida tort reform bill and how these changes in the bill can impact your legal options.

Let’s begin.

Modified Comparative Negligence

The Florida tort reform bill 837 changes the comparative negligence standard from pure comparative negligence to modified comparative negligence. This means previously plaintiffs can easily recover damages in proportion to the defendant’s fault, ignoring their own fault. Comparative negligence only allows the plaintiff to get compensation for the damages only if their own liability is 50 percent or less. If the plaintiff’s fault is more than 50 percent, they will not be able to sue anyone or don’t get compensation.

Statute of Limitations

Another major change in the Florida law is the statute of limitations. The legislation has shortened it from four years to two years. The Florida tort reform bill 837 will directly affect the people who have been in an accident and suffered injuries.

This simply means that now the plaintiff has only two years from the date of the accident/injury to file a personal injury claim. They can only file a lawsuit in this window of opportunity against the liable parties. More than this timeline, the lawsuit will be barred. However, the good thing is that this law will apply to all the actions that accrue after the immediate effective date of the law, which is after March 24, 2023. However, there is only one exception; this statute of limitations does not apply to specific cases where the plaintiff does not discover the injuries within two years after the accident. 

Attorney’s Fees

The Florida tort reform bill also makes changes in the attorney fee structure. Before the new legislation, “one-way attorneys’ fees” were applicable in insurance cases calculated by the court using the “lodestar method.” This means the court determines the attorney’s fees by the number of hours a lawyer spends on a case.

Later this ‘lodestar amount’ was calculated by multiplying hours with the hourly rate.

After the new legislation, this legal framework has changed, and now the attorney fees are only applicable to declaratory judgment actions in favor of the insured to determine insurance coverage. So, now the court will only determine the fees only in exceptional circumstances. This means that regardless of the outcome of the case, the insured will have to take care of their attorney’s fees. However, all these changes are effective for lawsuits filed after March 24, 2023. You have to learn more about Florida’s tort reform bill to understand all the modifications and updates.

Medical Damages

The most important of a personal injury lawsuit is to receive compensation for the medical expenses. People who are responsible for the accident need to pay compensation to the victims who suffered serious injuries. 

The Florida tort reform bill substantially modifies the evidence that a plaintiff usually submits as proof of medical damages at trial. Earlier, plaintiffs only needed to submit a copy of the total amount of medical bills paid during their recovery. Now they also need to submit the bill with the actual amount that was paid during the treatment. It doesn’t matter who paid the bill; the main point is that from now onwards, the court will not consider the initially billed amount in personal injury cases.     

Bad-Faith Insurance Claims

In personal injury lawsuits, insurance companies are usually blamed for denying claims or delaying payment on claims. It is quite challenging for the attorneys in Florida to fight against insurance companies for their clients so that they can get the rightful compensation. Personal injury lawyers usually file a bad-faith action against the insurance companies.

The insured, insurer, and their representative must provide detailed information. Only negligence or denial of compensation alone is not sufficient. The statute of limitations is extended by 90 days, within which the claimant can claim compensation and avoid bad faith liability. The court does not consider denial within these 90 days. After this window frame, a plaintiff can file for a bad faith claim.

Negligent Security Claims

HB 837 also improves premises liability law related to negligent security claims. The new law makes a “presumption against liability” for certain claims against the property owners of “multifamily residential property,” such as apartment buildings or condominium communities.

Now owners or operators have to implement specific security and safety measures on their property, such as lighting in walkways, porches, laundry rooms, and common areas and installing locking devices on each door and window.

Conclusion

If you have been severely injured in an accident, it’s crucial to consult a personal injury lawyer to get information about your legal rights and options. You can learn more about Florida’s tort reform bill to know how it can impact your personal injury case.