Our AI writing assistant, WriteUp, can assist you in easily writing any text. Click here to experience its capabilities.

Build a custom email digest by following topics, people, and firms published on JD Supra.

Summary

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures. These changes include a statute of limitations shortened from four years to two years for general negligence claims, a modified comparative fault system, limits on damages for medical expenses, a presumption against liability for landowners of multifamily residential properties, a strong presumption that a lodestar fee is sufficient and reasonable in an action in which recovery of attorney's fees is available, and codification that negligence alone is not sufficient to constitute bad faith denial of insurance coverage. These changes are effective for cases filed after March 24, 2023.

Q&As

What changes have been made to Florida's tort reform law?
The most significant changes to Florida's tort reform law include a shortened statute of limitations for general negligence claims, a modified comparative fault regime, limits on damages for medical expenses, a presumption against liability for landowners of multifamily residential properties, a strong presumption that a lodestar fee is sufficient and reasonable, and codification that negligence alone is not sufficient to constitute bad faith denial of insurance coverage.

What are the new requirements for determining damages for medical expenses?
The new requirements for determining damages for medical expenses include that damages may not exceed amounts actually paid, amounts necessary to satisfy charges not yet satisfied, and amounts reasonable and necessary to satisfy the cost of future care. In addition, evidence of the amount private health care insurers, Medicare or Medicaid pays health care providers for a medical treatment is admissible.

How does the new law affect negligence law and premises liability cases?
The new law affects negligence law by changing Florida's comparative negligence regime from pure comparative fault to modified comparative fault, barring a plaintiff from recovery if a jury finds the plaintiff is more than 50% at fault for their injuries. In premises liability cases, the law allows for apportionment of liability between negligent and intentional tortfeasors for criminal acts committed on the property in negligent security cases. It also creates a rebuttable presumption against liability for landowners of multifamily residential properties if certain security measures are in place.

What changes have been made to Florida's attorney's fees laws?
The new law creates a strong presumption, in an action in which recovery of attorney's fees is available, that a lodestar fee is sufficient and reasonable. This provision should reduce the use of contingency fee multipliers, which have become common in Florida. It also clarifies that Florida’s Offer of Judgment statute applies to civil actions involving insurance contracts and limits the availability of insureds to recover attorney's fees in an action for coverage.

What is the new safe harbor period for insurance companies to avoid bad faith liability?
The new safe harbor period for insurance companies to avoid bad faith liability is 90 days, within which an insurer can tender coverage and avoid bad faith liability. Denial of coverage during that 90 days cannot be used as evidence of bad faith and the statute of limitations is extended by 90 days.

AI Comments

👍 This article provides a comprehensive overview of the significant tort reform measures in Florida, making it a great resource for anyone engaging in business in the state.

👎 While the article provides a wealth of information, it is quite lengthy and may be overwhelming for readers to digest.

AI Discussion

Me: It's about a new law in Florida regarding tort reform. It looks at changes to negligence law, determining damages for medical expenses, premises liability, attorney's fees, insurance law and more.

Friend: Wow, that sounds pretty serious. What are the implications of this law?

Me: Well, it could have a significant impact on companies that do business in Florida, as well as people who own property in the state. For example, the statute of limitations for general negligence claims has been shortened from four years to two years, and comparative negligence has been changed from pure comparative fault to modified comparative fault, which could have a big impact on how claims are settled. Additionally, there are new rules regarding medical expenses and letters of protection, as well as insurance law and attorney's fees. All of these changes could have a big impact on businesses and individuals in Florida.

Action items

Technical terms

Build
To construct or assemble something.
Custom
Made or done to order for a particular customer.
Digest
A summary or collection of information.
Topics
A subject of conversation, discussion, or study.
People
Human beings in general or considered collectively.
Firms
A business organization, especially a commercial, professional, or industrial one.
JD Supra
A legal publishing platform.
News & Insights
News and information related to a particular topic.
Popular
Widely liked, admired, or enjoyed.
Labor & Employment
The field of law related to the rights and obligations of employers and employees.
Finance & Banking
The field of law related to the management of money, investments, and other financial instruments.
Intellectual Property
The field of law related to the protection of creative works, inventions, and other forms of intellectual property.
Health & Healthcare
The field of law related to the provision of health care services and the regulation of health care providers.
Environmental Issues
The field of law related to the protection of the environment and the regulation of activities that may have an impact on the environment.
Business
A commercial activity or enterprise.
Insurance
The field of law related to the protection of individuals and businesses from financial losses.
Commercial Real Estate
The field of law related to the ownership, use, and development of commercial real estate.
Corporate Taxes
The field of law related to the taxation of corporations.
Immigration
The field of law related to the regulation of immigration into a country.
Securities
The field of law related to the regulation of the sale of stocks, bonds, and other investments.
Residential Real Estate
The field of law related to the ownership, use, and development of residential real estate.
Estate Planning
The field of law related to the planning of an individual's estate.
Civil Rights
The field of law related to the protection of individuals from discrimination and other civil rights violations.
Personal Taxes
The field of law related to the taxation of individuals.
Bankruptcy
The field of law related to the protection of individuals and businesses from creditors.
Force Majeure
A clause in a contract that excuses a party from performing its obligations if certain circumstances beyond its control arise.
Employer Liability
The field of law related

Similar articles

0.8571155 Sharp differences over changing Florida's law on personal injury and damage lawsuits

0.85711074 Four Updates You Need to Know as Florida’s Sweeping Tort Reform Takes Effect

0.83682907 The Swiss call time on Credit Suisse

0.8350617 The Florida Senate

0.8315279 Judge right to award lying libel claimant £1 damages, appeal rules

🗳️ Do you like the summary? Please join our survey and vote on new features!