House Bill 837 (HB 837), recently signed into law by Governor Ron DeSantis, is poised to have a significant impact on the legal community in Florida. This new legislation introduces a variety of reforms aimed at reducing frivolous lawsuits and ensuring a more balanced legal system. Here’s a closer look at how these changes will affect legal professionals, clients, and the broader legal landscape in the state.
Shifting the Bad Faith Framework
One of the most notable changes brought about by HB 837 is the modification of the bad faith framework. Under the new law, negligence alone no longer constitutes bad faith. Additionally, claimants are now required to act in good faith by providing necessary information and making genuine efforts to settle insurance claims. For attorneys, this means a greater emphasis on thorough and honest communication during the claims process. Insurers, in turn, can limit their bad faith liability by paying the total policy amount upfront in cases with multiple claimants.
This shift aims to create a fairer playing field, reducing the potential for drawn-out litigation and encouraging more straightforward resolutions. Legal professionals may need to adjust their strategies to align with these new requirements, ensuring that their clients are well-informed and cooperative during the claims process.
Changes in Comparative Negligence
The reform in comparative negligence is another significant aspect of HB 837. Plaintiffs who are found to be more at fault for their injuries than the defendant are generally barred from recovering damages. This adjustment could result in a decrease in the number of lawsuits filed, as potential plaintiffs may reconsider their chances of success under the new rules.
For trial attorneys, this means a more rigorous evaluation of cases before proceeding. The emphasis will likely shift towards cases with clear liability on the part of the defendant, ensuring that resources are dedicated to claims with a higher likelihood of success.
Enhanced Protections for Property Owners
The expansion of immunity for property owners is set to impact premises liability cases. Under HB 837, property owners have stronger legal defenses against lawsuits filed by criminals injured on their property. This change could lead to a reduction in premises liability claims, particularly those involving criminal activities.
Attorneys representing property owners will find this aspect of the bill advantageous, as it provides additional protection for their clients. On the other hand, lawyers representing injured parties may need to navigate these new legal defenses, potentially leading to more complex litigation strategies.
Standardization of Medical Damages
The introduction of uniform standards for calculating medical damages aims to bring consistency to wrongful death and personal injury cases. Juries will now have clearer guidelines for assessing the value of medical expenses, which could lead to more predictable outcomes.
For personal injury attorneys, this means a greater focus on presenting clear and accurate medical evidence to support their clients’ claims. The standardized approach may streamline the litigation process, reducing the variability in jury awards and facilitating fairer settlements.
Limiting Attorney’s Fees
By eliminating attorney’s fee multipliers and restricting one-way attorney fees to specific situations, HB 837 seeks to discourage frivolous lawsuits and prolonged litigation. This change could impact the financial incentives for some attorneys, particularly those who have relied on fee multipliers to enhance their earnings.
Legal professionals may need to adjust their business models to accommodate these new limitations. The focus may shift towards more efficient case management and a greater emphasis on resolving disputes quickly and fairly.
Reduced Statute of Limitations
The reduction of the statute of limitations for general negligence cases from four years to two years is another significant change. This shortened time frame requires attorneys to act more swiftly when filing claims, ensuring that their clients’ cases are presented within the new legal limits.
For the legal community, this change emphasizes the importance of prompt action and thorough preparation. Attorneys will need to be vigilant in gathering evidence and filing claims promptly to avoid missing the new deadlines.
Our Process Servers are up to the Challenge
HB 837 introduces substantial reforms that are set to reshape the legal landscape in Florida. While the bill aims to reduce frivolous lawsuits and create a more balanced system, it also presents new challenges and opportunities for legal professionals. No matter what changes HB 837 brings to Florida’s Gulf Coast, Accurate Serve® of Sarasota and Bradenton is ready for the challenge. Start working with the best process servers in the area by calling 941-586-7897 or send us a work request online.
