FLORIDA TORT REFORM AND YOUR INJURY LAWYER

On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law, effective immediately.  This Bill has certainly had a tremendous effect on the legal landscape of the state.  The question is whether the Bill has had the effect intended, or whether it ever will have that effect.  It appears the Bill was proposed out of fear the insurance industry would continue to increase its rates to consumers.  However, the Bill does not provide for any guarantees toward that notion. 

During a time the State of Florida is experiencing enormous population growth, increased tourism and vehicular traffic, the Legislature has gone backward in time by changing the law on fault and access to the judicial process for consumer in changing pure comparative fault into contributory fault as the standard for access to the courthouse. Floridians who do not have healthcare and who an adjuster decides is 51% at fault in an accident will not be able to access justice or obtain treatment for injuries. 1%... yes! Not decided by anyone else but an adjuster who is likely to receive bonuses for limiting payout.

The Bill also reduces the Statute of Limitations on negligence cases from four years to two years.  The idea is that by lowering the time period for a plaintiff to file suit, fewer will be filed.  The fact of the matter is that it will likely have the opposite effect in that many cases get resolved without having to file a lawsuit, and most people would rather negotiate out of court before filing a lawsuit.  If the time period for filing a lawsuit is reduced, then consumers are more likely to file their lawsuit than negotiate their claim by a difference of two years.

Governor DeSantis apparently thinks it is not concerning to have an insurance industry without oversight or operating without any mechanism that provides for accountability to his constituency.  I make this statement because HB 837 removes the separate cause of action known as bad faith.  Basically, an insurance company may do and act however it desires.

It is also concerning that there is a limitation on access to medical care.  If a person does not have health insurance, that person is highly likely to not be able to find medical treatment.  If the person has health insurance, then it will need to find a medical provider that accepts health insurance, and that is willing to testify.  Many medical providers that accept health insurance such as PCP's do not treat a person when the injuries are related to an accident.  This is because these medical providers do not want to get stuck having to testify in legal proceedings. 

What is interesting to me is that the Bill reduces choice, and places regulation on pricing and profits for medical practitioners.  It would appear to be in violation of regulation limiting trade and commerce.  It is interesting to see a Republican Governor and Legislature passing legislation that limits profits, sets pricing for medical services, and reduces access to the courthouse to consumers.  It seems a little anti-American to me.