House Bill 837 (HB 837), signed into law by Florida Governor Ron DeSantis, introduces significant changes aimed at reducing frivolous lawsuits and curbing predatory practices by trial attorneys. Here’s a breakdown of the key aspects of the bill and what it means for Floridians.
Reducing Frivolous Lawsuits
One of the primary goals of HB 837 is to decrease the number of frivolous lawsuits. This is achieved by modifying the bad faith framework. In simpler terms, the bill clarifies that negligence alone does not constitute bad faith. It also requires those filing claims to act in good faith, which means providing necessary information and attempting to settle insurance claims fairly. Additionally, insurers can limit their bad faith liability in cases with multiple claimants by paying the total policy amount before settlement negotiations begin.
Comparative Negligence Reform
The bill makes important changes to Florida’s comparative negligence system. Under the new law, if a plaintiff (the person suing) is found to be more at fault for their injuries than the defendant, they generally cannot recover damages. This means that if you are more responsible for an accident or injury than the person you are suing, you won’t be able to receive compensation from them.
Expanded Immunity for Property Owners
Another significant change is the expansion of immunity for property owners. If a criminal gets injured on someone’s property while committing a crime, the property owner is better protected from lawsuits. Essentially, if a criminal gets hurt while breaking into your property, you have stronger legal defenses against being sued by the criminal.
Uniform Standards for Medical Damages
HB 837 also sets uniform standards for juries to calculate medical damages in wrongful death or personal injury cases. This aims to provide more consistency and fairness in how medical damages are assessed, ensuring that compensation reflects the actual value of medical expenses.
Limiting Attorney’s Fees
The bill eliminates the practice of attorney’s fee multipliers and restricts one-way attorney fees to specific, limited situations. This change is designed to discourage frivolous lawsuits and lengthy litigation that some attorneys might use to increase their fees. By doing so, the legislation aims to make the legal process more efficient and less costly for everyone involved.
Shortened Statute of Limitations
Finally, HB 837 reduces the statute of limitations for general negligence cases from four years to two years. This means that individuals now have a shorter period to file a lawsuit for negligence. This change is intended to speed up the legal process and reduce the burden on the courts.
Why This Matters
The overall aim of HB 837 is to align Florida’s legal system more closely with the rest of the country, reduce the economic impact of litigation, and protect Floridians from the hidden costs associated with prolonged and frivolous lawsuits. By making these changes, the bill seeks to create a more balanced and fair legal environment in Florida.
For individuals and businesses in Tallahassee and throughout Florida, these reforms promise a more predictable and fair judicial system, potentially lowering the costs of goods and services by reducing the legal expenses that companies pass on to consumers. This legislation also emphasizes quick and fair compensation for legitimate claims while protecting against abuse of the legal system.
What HB 837 Means for Process Servers in Tallahassee
HB 837 is bringing exciting and much needed changes to the civil legal landscape of Florida. Process servers can expect to have stricter deadlines than before, as cases hopefully move faster through the legal system. This will also result in more demand for process servers are a larger volume of cases is able to be heard in a shorter period of time. No matter how HB 837 affects process servers in Florida’s capitol, Accurate Serve® is here to meet the challenges. Start working with Tally’s premier process service team today by calling 850-519-5494 or send us a work request online.
