Ley de reforma de la responsabilidad civil en Florida: ¿qué significa para ti?
House Bill 837 recently took effect all across the state of Florida. The new Florida tort reform law will make it more difficult to obtain the compensation you deserve after getting injured due to someone else’s negligence.
Additionally, if you have just filed or are about to file a personal injury lawsuit, you may face unexpected delays. Many plaintiffs rushed to file their cases before the new law’s passage, creating a significant backlog.
The new tort laws may make filing a personal injury case more difficult. But that does not mean you should give up. The personal injury attorneys at RHINO Lawyers want to help you learn how to navigate this new landscape.
What changes can you expect from the recent Florida tort reform bill? We are talking about each of them in this guide, as well as ways to successfully file your case in light of these changes.
Which Cases Does House Bill 837 Apply To?
House Bill 837 applies to cases that fall under tort law. Tort law refers to any case where a victim gets injured by another party. The following situations fall under tort law in Florida:
- Intentional torts, where the defendant intentionally caused the plaintiff’s injury or fear of injury (e.g., assault, battery, false imprisonment, etc.)
- Negligence torts, where the defendant’s lack of reasonable care caused the plaintiff’s injury (e.g., lesiones personales)
- Strict liability torts, where the defendant is liable for the plaintiff’s injury regardless of intent or negligence
Tort law is a type of civil law, meaning that defendants don’t receive felonies or go to jail if found guilty. Instead, courts order defendants to pay the plaintiff compensation for their medical bills, lost wages, pain and suffering, and more.
An Overview of the Florida Tort Reform Law
HB 837 impacts all three types of torts. The new bill makes changes to the following:
- The statute of limitations, or how long you have to file a lawsuit
- The types of medical evidence plaintiffs can use to make their cases
- The liability of multi-family residence owners
- The comparative negligence rule
- The ability to make bad-faith claims against certain insurers
These changes will take effect immediately. Other changes to tort law are still to be seen as courts set new precedents. Keep an eye on this space for future updates on how courts interpret and apply the new law.
Now, let’s discuss what each of these changes means for your personal injury case.
Prescripción
The statute of limitations for tort cases in Florida used to be four years. That means plaintiffs could file a tort lawsuit within four years of the day they received the injury.
If your injury occurred on or after March 24th, 2023, you now only have two years from the date of your injury to file a claim. Failing to file your lawsuit within this time frame means you must forfeit your right to compensation.
Medical Evidence
Florida’s 2023 tort-reform law changed the evidence that may be used to prove past and future medical expenses in personal injury and wrongful-death cases and placed statutory limits on recoverable medical-expense damages.
The rules depend on the circumstances. For example, the statute treats paid medical expenses differently from unpaid expenses and contains separate provisions involving private health coverage, Medicare or Medicaid, treatment under a letter of protection, and future medical care.
For past medical expenses that have already been paid, evidence of the amount of damages is generally limited to the amount actually paid. Different statutory evidence rules apply to unpaid and future medical expenses. Because the calculation depends on the claimant’s coverage, bills, treatment arrangements, and other facts, there is not one universal medical-expense amount that applies to every Florida injury case.
Multi-Family Property Owner Liability
“Multi-family residences” refer to properties like apartment complexes. People living in apartment buildings used to have unlimited rights when suing property owners for on-premise crimes like robberies and muggings.
The new bill protects multi-family residence owners from liability in these types of cases. These added protections could potentially reduce the compensation victims receive after being a victim of a crime in their apartment buildings.
Negligencia comparativa
Florida formerly used a pure comparative fault rule for most negligence cases. In 2023, Florida adopted a modified comparative fault rule.
Under current law, a party’s damages are reduced according to that party’s percentage of fault. If a party is found more than 50% at fault for their own harm, that party generally cannot recover damages. The greater-than-50% bar does not apply to personal injury or wrongful-death actions arising from medical negligence under Chapter 766.
The 2023 comparative-fault amendment generally applies to causes of action filed after March 24, 2023.
Bad Faith Claims
A bad faith claim occurs when an insurance company deliberately violates its agreements with a policyholder. In personal injury cases, this can happen if your liability insurer refuses to pay out a valid claim.
Previously, Floridians had the right to sue insurance providers acting in bad faith. Recent tort reforms have changed this rule to favor liability insurance companies.
RHINO Lawyers Will Get You the Compensation You Deserve
The Florida tort reform law places hurdles in front of injury victims. You now have less time to file your claim and fewer rights if you were at fault for the accident. The new bill also favors property owners and insurers over victims.
Even worse, these changes could reduce compensation for victims all across the state. That is why working with an experienced tort lawyer in Florida is more crucial than ever.
Are you searching for an attorney who can get you the compensation you deserve in spite of HB 837? Contacto RHINO Lawyers for a free case review and learn how we can successfully win your case.
COMUNÍQUESE CON UN ABOGADO DE ACCIDENTES AUTOMOVILÍSTICOS EN TAMPA
En resumen, después de un accidente automovilístico, es posible que no conozca sus derechos. Sobre todo, no luche solo durante el proceso. En realidad, nuestro equipo de lesiones personales está aquí para ayudarle con cualquier necesidad legal que pueda tener relacionada con su accidente.
Por último, que RHINO Lawyers responda a sus preguntas y revise los hechos de su caso con una consulta gratuita. Así que comience completando el “Evaluación de caso instantánea y gratuita”o llamándonos en cualquier momento, día o noche, al 844.RHINO.77.
