Florida’s New Tort Reform Law: What You Need to Know

In Just three short weeks, Florida lawmakers rushed through an ill-considered, one-sided piece of legislation that dramatically limits the ability of innocent victims to hold wrongdoers accountable. Insurance company lobbyists wrote these laws and reflect drastic and unfair changes in the Florida legal system.

Here is what you need to know about these recent and significant changes.

You Could Be Barred from Bringing a Case If You Are Partially Found at Fault

Comparative negligence has been the law in Florida since the case of Hoffman v. Jones in 1974. This fair and equitable doctrine provides that parties in a negligence action shall be liable based on their percentage of fault. In other words, if a jury finds a defendant to be 60% liable, they will pay 60% of the damages. If a plaintiff is found to be 40% comparatively negligent, their share of the recovery would be reduced by their percentage of liability.

The new law changes the doctrine of comparative negligence such that if a plaintiff is more than 50% comparatively negligent, they will be unable to recover anything. This is a totally unfair result because it only works one way: a plaintiff is penalized with a total inability to recover if their share is over 50%. Insurance companies will therefore be incentivized to deny reasonable settlements in cases where the plaintiffs have significant comparative negligence.

You Have Less Time to Take Legal Action

In the past, there was a four-year statute of limitations for negligence actions. A prior exception to the four-year statute included medical malpractice cases so doctors receive favorable treatment – there was only a two-year statute of limitations in malpractice cases. Under the new law, the negligence statute of limitations has been cut in half to two years. No reason was given for this reduction of time for plaintiffs to file suit, and, like all the other changes, it makes life easier and more profitable for the “Big Insurance Industry.”

Plaintiffs Might Not Get Attorneys’ Fees After Disputes With Their Insurance Company

Florida Statute 627.428 has existed for over 130 years to protect David against Goliath. It protects insurance consumers who purchase auto, health, life, or other first-party insurance from companies that would otherwise delay, deny, or underpay claims. In the past, if an insurance company denied coverage and a plaintiff contested that denial and won, they would be entitled to attorney’s fees under Florida Statute 627.428.

This provision made insurance companies think twice before denying coverage for a particular claim because they could be subjected to a lawsuit and attorney’s fees if they were wrong. This statute protected every Florida citizen who owned an insurance policy from overreach and bad faith. Insurance companies would often seek to take advantage of their insureds by denying valid claims even with this law. The new changes largely abolish the ability to be awarded attorney’s fees if someone is in a dispute with their own insurance company and wins. Without the protections of this law, the number of simple homeowners’ claims denied by insurance companies will skyrocket.

Negligent Security Safeguards Are Removed

The new law adds the criminal to the jury verdict form in civil suits, removing protections for employees and patrons of businesses that currently have a duty to take reasonable steps to ensure their safety. This protection was particularly important in states such as Florida, with a high inflow of new residents who may not realize that landlords or businesses are located in higher crime areas with the necessity for commensurate safeguards.

Low Awards Are Encouraged for Medical Damages

The new law encourages juries to award very low medical damage awards by allowing into evidence Medicare or Medicaid billing rights such that insurance companies have lower payouts.

These are just some of the concerns with the new laws recently passed by the Florida legislature and approved by the Governor. Stand by for additional descriptions of this legislative malpractice as insurance companies through their bought and paid-for legislators continue to deprive Florida citizens of their pre-existing rights.