How personal injuries are handled in Florida is about to change as lawmakers pass a sweeping tort reform law. Earlier this year, Florida lawmakers passed a sweeping tort reform law expected to change the civil justice system. Different aspects of the system will be affected, including attorney fees, liability in negligence cases, and medical reimbursement.

Different people have expressed different opinions about the tort reform law, some for and some against. In this blog, we will explain the different aspects that will change Florida’s civil legal system and what Floridians think.

The One-Way Attorney Fees

One of the aspects of the law that will be affected is the one-way attorney fee in personal injury cases. There has been a century-old law in the state that mandates companies to pay attorney fees for policyholders, as seen in cases handled by firms like Largey Law Firm, LLC. In particular, they have to pay the fees if the policyholders successfully sue over a claim.

However, under the reform law, parties now have to pay their legal fees by themselves. The Florida House added an amendment, however, that allows the insured to determine coverage through a separate declaratory lawsuit.

Bad Faith Claims

One of the reasons for the reform law is to limit bad faith claims insurance companies face. Under the proposed law, if insurance companies pay within ninety days, they can pay the claim or the lesser end of the policy limits. A civil attorney, Jeffrey Liggio, thinks this will hurt the most vulnerable as they can no longer represent individuals with smaller claims for free.

According to him, he can represent people with a $10,000 claim and fight for years without charging a dime. For people struggling and even for those with a job, $10,000 is a lot of money. This tort reform, says Liggio, does not lower insurance rates; putting something in the rates statute can fix that.

Negligence Lawsuits

The reform law will affect the statute of limitations of negligence lawsuits, bringing it to two years from four. Additionally, the current compensation system in Florida is based on comparative fault, which will change under the tort reform legislation. Now, if a plaintiff is over 50 percent responsible for an accident in Florida, they cannot receive compensation.

Premises Liability Lawsuits

In another section of the bill Florida lawmakers passed, premises liability claims are affected. For instance, if someone was attacked on a property, the jury must consider the criminal’s fault when passing judgment. This could inevitably reduce the liability of other parties, like the owner of the property on which the attack occurred.

This provision irked two parents whose children died in the Parkland shooting when they came to committee hearings. One of the parents told lawmakers that the bill would give schools less incentive to take security seriously.

Medical Claims

Another provision of the law has to do with medical claims, including the cost of care. On one hand, the injured individual has to inform the jury if an attorney refers them to a certain physician. On the other hand, the cost of care is now very low, just above Medicare rates; supporters say it will prevent inflation.

Conclusion

The tort reform bill passed by Florida lawmakers earlier this year has triggered different responses from attorneys, company owners, and Floridians. Large company owners support the law, saying it will reduce the number of frivolous lawsuits and lower insurance rates. 

A greater percentage of Floridians do not support the bill, believing that building owners should take responsibility for injuries or deaths on their property. Critics of this bill are a predicted outcome, as people will need to see the implementation and its effect on society before accepting it.

As time goes on, it will become clearer how this legislation will impact both businesses and individuals, potentially reshaping the landscape of personal injury cases in Florida.