Major Changes Proposed by Florida House Bill 837 and What It Means For You
Update:
In a 23 to 15 vote on March 23, 2023, HB 837 passed in the Florida Senate.
As of March 24, 2023, Governor Ron Desantis signed House Bill (HB) 837, Civil Remedies, into law.
This article describes some of the major changes to Florida’s civil injury laws proposed by House Bill 837. The bill being proposed could disproportionately affect those who are injured due to the negligence of another. While the bill doesn’t specifically cap damages, it does limit responsibility in many instances.
If you need help understanding the laws regarding your case, contact the legal experts at Avera & Smith today.
Florida House Bill 837
The filing of HB 837 came shortly after Gov. Ron DeSantis called for “eliminating one-way attorney fees and fee multipliers for all lines of insurance, modernizing Florida’s ‘bad faith’ law.”
DeSantis claims that by making this a priority it will benefit the people of Florida by “protecting small businesses from paying exorbitant damages.” What it does is limit the individual rights of the public.
A full copy of the bill can be found here.
HB 837 Proposes Several Changes to Florida’s Tort Laws
It Changes the Statute of Limitations on Negligence Claims from Four Years to Two Years
If passed, Florida House Bill 837 would change the comparative negligence system, enact a shorter statute of limitations on negligence cases, and restructure the way attorney fees are awarded in some civil cases. Together these changes favor insurance companies and further restrict citizens’ access to legal counsel in civil cases.
Changes to the Comparative Negligence System
HB 837 would change Florida’s comparative negligence system to a “modified” comparative negligence system. This is a change from the “pure” comparative negligence system that currently exists.
This means that an injured claimant who is found 51% negligent is entitled to no damages even if they can prove the other party is responsible for 49%. Changes to the existing system will favor the defendant in personal injury claims. A plaintiff could be more likely to accept a small settlement to avoid the risk of going to trial and receiving nothing if they are found to be 51% or greater at fault, impacting the pursuit of justice.
Florida House Bill 837 Eliminates One-Way Attorney Fee Provisions.
One piece of the bill eliminates explicitly the provisions currently set for awarding legal fees in difficult personal injury cases. The existing provisions incentivize attorneys to represent people who have very difficult and perhaps risky cases that will take more than the average amount of time, expense, and effort to win. The proposed legislation calls for changes to the way legal fees are awarded in such cases and could dissuade many firms from taking complex cases at all.
“In any action in which attorney fees are determined or awarded by the court, there is a strong presumption that a lodestar fee is sufficient and reasonable. This presumption may
be overcome only in a rare and exceptional circumstance with evidence that competent counsel could not otherwise be retained.” -Florida House Bill 837
Fighting an insurance company, hospital, or negligent doctors in court can be difficult and expensive. Receiving the just compensation a victim deserves may require a lengthy and complex legal case. Cases can become very expensive and those seeking counsel in personal injury cases must find an attorney that works on a contingency fee basis. Bill 837 further regulates attorney fee structures and potentially restricts the number of fees the successful plaintiff can seek from the defendant in these types of cases.
The Proposed Bill is Good for Business and Bad for Victims.
The changes proposed in House Bill 837 offer protections for businesses and insurance companies while denying victims justice. The effort to curb “unnecessary lawsuits” could inevitably reduce a person’s access to representation. We at Avera & Smith find this to be an injustice and believe everyone should have access to proper legal representation when they have been wronged or injured.
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