Comprehensive Tort Reform – H.B. 837
Florida – 2023
- Provides uniform standards to assist juries in calculating the accurate value of medical damages in personal injury or wrongful death actions and addresses letters or protection.
- Changes Florida’s comparative negligence system from a pure comparative negligence system to a modified system, except for medical negligence cases, so that a plaintiff who is more at fault for his or her own injuries than the defendant may not generally recover damages from the defendant.
- Modifies Florida’s “bad faith” framework to:
- Allow an insurer to avoid third-party bad faith liability if the insurer tenders the policy limits or the amount demanded by the claimant within 120 days after receiving actual notice of the claim.
- Clarify that negligence alone is not enough to demonstrate bad faith.
- Require a claimant to act in good faith with respect to furnishing information, making demands, setting deadlines, and attempting to settle the insurance claim.
- Allow an insurer, when there are multiple claimants in a single action, to limit the insurer’s bad faith liability by paying the total amount of the policy limits at the outset.
- Provides that a contingency fee multiplier for an attorney fee award is appropriate only in a rare and exceptional circumstance, adopting the federal standard.
- Provides that Florida’s one-way attorney fee provisions for insurance cases apply in limited situations.
- Requires the trier of fact in certain negligent security actions to consider the fault of all persons who contributed to the injury, establishes a presumption against negligent security liability in specified situations, and expands immunity for a property owner defending a lawsuit against a criminal actor who is injured on the property.
- Reduces the statute of limitations for general negligence cases from 4 years to 2 years.
Latest News
View all news
The Lab Whose Junk Science Is Fueling a Frenzy of Litigation
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic
Law Firms Spent $168M+ on 2.2M Ads in Georgia
Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems
Reports Reveal Influence of Trial Lawyers on New Jersey’s Legal Landscape
Two New Reports Analyze Legal Services Advertising Trends and Campaign Contributions
California Trial Lawyers’ Influence on Legal Landscape Exposed
Two New Reports Unveil Disturbing Trends in Legal Services Advertising and Plaintiffs’ Firms’ Political Contributions
New Reports Expose Trial Lawyers’ Grip on Nevada Politics and Legal Advertising Trends
In-depth analysis unveils trial lawyers’ staggering advertising and political spending, exposing tactics used to shape public opinion and legal outcomes.