– HB 837 replaces Florida’s pure comparative fault system with a modified comparative fault system.
– Under the new system, claimants found to be at least 51% liable for an incident cannot seek reparation from the other party.
Uniformity in Proving Damages for Medical Expenses
– The legislation establishes a uniform evidentiary threshold for proving damages for medical expenses in certain civil actions.
– This aims to provide consistency and clarity in determining and proving medical expenses in court.
Disclosure Requirements for Medical Expense Claims
– HB 837 requires certain disclosures for claims related to medical expenses for treatment rendered under letters of protection.
– This aims to address issues related to claims for medical expenses and provide transparency in such cases.
Shortening of Statute of Limitations
– The statute of limitations for negligence actions has been shortened under the new legislation.
– This change aims to provide a more efficient and timely resolution of negligence cases.
Standardization of Bad Faith Actions
– The new legislation standardizes bad faith actions, providing clear guidelines for such cases.
Addressing Runaway Attorney’s Fees Awards
– The bill addresses concerns related to runaway attorney’s fees awards, potentially reducing excessive fees in certain cases.
Alteration of Presumptions in Negligent Security Matters
– Under HB 837, presumptions in certain negligent security matters have been altered to ensure fairness in such cases.
Overall, the 2023 Florida tort reform legislation aims to bring more balance and fairness to the civil justice system by addressing various aspects of liability, damages, and attorney fees. – Florida courts have yet to determine how juries will be instructed on the new modified comparative negligence standard in negligence actions.
– The statute of limitations in negligence actions has been cut in half, giving claimants only two years from the time the cause of action accrues to file suit.
– The attorney-client privilege for treating physicians has been overturned, making the referral and financial relationships between plaintiff’s personal injury firms and treating physicians no longer protected.
– Multipliers for attorney fees have been eliminated, with the Lodestar fee strongly presumed to be sufficient and reasonable. One-way attorneys fees have also been eliminated in many contractual actions involving insurers. 1. Evidence of past medical treatment costs in personal injury cases will be limited to the amount actually paid to medical providers by insurance carriers or medical financing companies.
2. Evidence of the amount necessary to satisfy unpaid charges will be limited to the amount the claimant is obligated to pay with health care coverage.
3. If a claimant has health care coverage and receives treatment under a letter of protection, evidence at trial will be limited to the amount the claimant’s health care coverage would pay the medical provider.
4. If the claimant does not have health care coverage or has Medicare or Medicaid, evidence at trial will be limited to 120% of the Medicare reimbursement rate or 170% of the state Medicaid rate.
5. Before asserting any claim for medical expenses under a Letter of Protection, the claimant must disclose the letter and an itemized billing ledger for their medical expenses.
6. If a medical provider sells a patient’s account to a medical financing company, the claimant must disclose the identity of the financing company and the amount the account was sold for. – The jury will be allowed to learn the amount that Medicare, Medicaid, or a private health insurer would pay for future medical expenses in personal injury cases.
– Discovery of the amounts paid by private health care or commercial insurance will be a contentious issue in Florida courts, with protections provided to insurers and HMOs from disclosure of individual contracts.
– The new law in Florida mandates that mere negligence alone is insufficient to constitute bad faith in both statutory and common-law actions, and imposes a duty on claimants and their attorneys to act in good faith when furnishing information and attempting to settle.
– The law creates immunity in bad faith actions if the insurance carrier tenders the lesser of the policy limits or the amount demanded by the claimant within 90 days, and allows for the insurer to pay the total amount of the policy limits through an interpleader action in cases with multiple claimants. It also provides for separate court proceedings to divide payouts between policyholders and any third parties. 1. Apartment and multi-family property owners will be presumed not liable for third-party criminal injuries to residents if specific security measures are in place, such as security cameras, lighting, deadbolts, and locked gates.
2. Property owners must have a crime prevention assessment completed by January 1, 2025, and provide safety training to employees on a 3-year cycle.
3. The burden of proof is on the property owner to show that they have substantially implemented the security measures.
4. Under the new law, the jury can consider apportioning liability to the criminal(s) in negligent security cases against property owners. – HB 837 has been modified during the Legislative session and will change the way claimants, attorneys, business owners, and insurers value claims in Florida.
– The bill aims to level the playing field between claimants and defendants and discourage frivolous lawsuits.
– There will be monitoring and reporting on key developments following the enactment of the bill, including opinions and revisions to Florida Rules of Civil Procedure, Florida Standard Civil Jury Instructions, and key cases interpreting the new legislation.
– Challenges to the constitutionality of the provisions of the bill are expected.
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