The Impact of Florida’s Personal Injury Law Changes in 2023
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law, making several changes to future personal injury claims. Read on for a breakdown of all the changes and how they may affect your case. It is important to hire the best personal injury lawyers in Boca Raton to help with your case. Kushel Law Group is here to help.
1. Reduction to the Statute of Limitations
Change: A statute of limitations is law that defines the maximum amount of time in which you can bring a claim after the incident occurs. With HB837, the personal injury statute of limitations has been reduced to TWO years (down from FOUR years).
Impact: This may not seem like a big deal, but many claims have to go through a very long, highly investigative process. Having less time to gather evidence and present a claim puts more pressure on plaintiffs to decide to sue quickly. In essence, you now have 2 years to bring forth a personal injury claim against a defendant, instead of four.
2. Changes to Comparative Negligence
Change: Comparative Negligence is a legal principle that reduces the amount of damages a plaintiff can recover in a negligence-based claim. It takes into account the degree of negligence contributed by each party involved in the incident. One of the most impactful changes is the shift from a pure comparative negligence to modified comparative negligence standard.
Impact: Under the old rule, you could recover damages even if you were more than 50% at fault, though your award would be reduced by your percentage of fault. As of March 24, 2023, Florida now follows a modified comparative negligence rule. This means that if you are found to be more than 50% at fault for an accident, you can no longer recover ANY damages. This prevents plaintiffs from recovering any damages even when the defendant may have had significant responsibility for the incident.
3. Health Insurance Reimbursement Effect’s on Medical Expenses Damages
Change: Previously, juries would be presented with the total amount of medical bills incurred by the plaintiff, regardless of who paid those bills and for how much. Defendants were not entitled to benefit from reductions obtained by health insurance paid for by the plaintiff. With HB837, defendants in personal injury cases can now present evidence of private health insurance reimbursement and Medicare/Medicaid rates to reduce how much a plaintiff says they owe in terms of past and future medical expenses. The bill lets a personal injury defendant use the Medicare or Medicaid reimbursement rate if the plaintiff doesn’t have any health insurance, even if the plaintiff does not qualify for Medicare or Medicaid.
Impact: Medicare/Medicaid reimburse for medical expenses at a much lower rate than private health insurance. This change essentially creates two separate classes of plaintiffs entirely based on their health insurance status, and may drastically reduce recoveries.
4. Bad Faith Law Adjustments
Change: Bad faith in personal injury refers to situations where an insurance company behaves unfairly and inappropriately during the claims process. Examples include unfairly denying claims, using unlawful tactics, and failing to properly investigate. If an insurance company acts in bad faith, the claimant may be eligible for additional compensation beyond the original claim. Under the new laws, the bad faith framework has changes. Now, negligence alone does not mean there was bad faith, so an insurance company needs to be specifically shown to be mishandling claims as a business practice to be responsible for further damages. Accidental mishandling or mere negligence is not sufficient any longer. Moreover, a claimant also has to act in good faith when furnishing information to the insurance company and settling the claim.
Impact: This is one of the most troubling changes in HB837, as the potential for bad faith liability was often the only thing keeping an insurance company honest in the claims process. Reducing or completely removing the potential for bad faith is almost certain to lead to more predatory behavior on the part of the insurance companies.
5. Letter of Protection Disclosure Requirements
Change: A letter of protection is an agreement between medical providers and patients to wait to pay a bill using the proceeds of a settlement. It is often used when plaintiffs cannot afford to pay for the treatment without a settlement, especially if they are injured so badly that they can no longer work. Now, the law requires a plaintiff and their doctor to disclose whether there is a Letter of Protection. Furthermore, the bill has eliminated the attorney-client privilege which normally protects when a lawyer refers a client to a doctor for treatment.
Impact: The attorney-client privilege is sacred and should rarely be violated. It will likely become more difficult for plaintiffs to find doctors willing to get involved in the treatment related to a personal injury case.
Fortunately, you don’t have to learn the law to understand these changes. Instead, you can partner with a lawyer who understands these changes and how they apply to you. Kushel Law Group is prepared to navigate these changes and continue providing exceptional representation to individuals seeking justice in their personal injury cases. We have a deep understanding of the revised statutes and stay updated on the latest legal developments, so we remain ready to stand by our client’s side throughout the process. Contact us today.