Changes to the Florida Personal Injury Landscape
Changes to the Florida Personal Injury Landscape
Florida passed House Bill 837 and Senate Bill 236, landmark legislation set to reshape the civil justice system. Many Floridians, however, criticize the bills, arguing they favor insurance companies over personal injury victims.
Supporters of the bills include the Florida Retail Association (FRA) and the Florida Chamber of Commerce (FCC). They argue that frivolous lawsuits have hurt small businesses and driven up insurance rates.
“As a Florida employer, our company faces many frivolous lawsuits,” said Charles Bailes III, CEO of ABC Fine Wine & Spirits and chair of the Florida Chamber of Commerce. “This limits our ability to hire staff, expand stores, and reinvest in local communities. This bill, which reduces frivolous litigation, is good for Florida.”
Key Provisions and Legal Concerns
One controversial aspect is “one-way” attorney fees. Under the new law, each party must pay their own legal fees, unlike the previous system where insurance companies covered successful policyholders’ attorney fees. Lawmakers, however, amended the bills to allow the insured to file a declaratory judgment to determine coverage.
Jeffrey Liggio, a civil attorney in West Palm Beach, warns that the legislation may make it harder for vulnerable victims to get justice. Previously, victims could hire attorneys for small claims without upfront fees.
“I can represent clients with $10,000 or $20,000 claims for years without charging them a fee,” Liggio said. “For working people, that’s a huge benefit.”
He suggested, “A simple amendment to exclude statutory attorney’s fees from the rate base could resolve concerns about rising insurance rates.”
The reforms also shorten the statute of limitations for personal injury lawsuits from four years to two. Victims who share more than 50 percent of the fault can no longer claim compensation. Previously, Florida followed comparative fault rules.
Premises liability rules also changed. Now, juries must consider the criminal’s fault in attacks on private property, which limits the owner’s liability.
Damian Loughran, whose children were killed in the Parkland shooting, expressed concern:
“Agencies that allowed a killer on campus should not avoid responsibility by pointing to the criminal. This bill may reduce schools’ incentive to improve security, which is bad policy.”
Public Reaction
The ills have drawn much criticism from stakeholders and the general public. In a recent survey, 1000 people were prompted on basic liability coverage questions. 85 percent of the respondents believe hotel and apartment complexes should be brought to book and pay repatriation when people are injured on their property due to poor security. “In addition, 89 percent of the respondents said that health insurance companies that wrongfully deny money for treatment should cover attorney fees for claimants who are forced to sue,” says personal injury attorney Mitchell Feldman of Feldman Legal Group.
