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HB 837 Florida: Personal Injury and Tort Reform Laws Explained (2023)

Tampa Personal Injury Lawyer

In 2023, Florida’s legal framework underwent a substantial overhaul with the enactment of HB 837. This transformative legislation redefined how personal injury claims are handled, making significant changes to comparative negligence rules, filing deadlines, and medical damages calculations. Whether you are a Florida resident or visitor, understanding these shifts is crucial to navigating personal injury cases effectively.

Major Changes Introduced by HB 837

1. Shift to Modified Comparative Negligence

Florida previously operated under a “pure comparative negligence” system, allowing plaintiffs to recover damages even if they were primarily at fault. With HB 837, the state now adheres to a “modified comparative negligence” framework. Key changes include:

  • If a claimant is found more than 50% responsible for an incident, they cannot recover any damages.
  • Claimants with 50% or less fault can recover damages, but the amount is reduced by their degree of responsibility.

Example: If a claimant is deemed 40% responsible for a car accident and has damages totaling $100,000, they would receive $60,000. Conversely, if they are 51% responsible, they would recover nothing.

2. Shortened Personal Injury Statute of Limitations

The timeframe to file personal injury lawsuits has been reduced from four years to two years. This stricter deadline requires individuals to act promptly to preserve their legal rights, as failing to file within this window may result in forfeiture of compensation.

3. Revisions to Medical Damages Evidence

HB 837 introduced more stringent rules for establishing past and future medical damages. Only costs deemed reasonable, necessary, and directly related to the injury are admissible, regardless of the payment source (e.g., insurance or personal funds). These changes aim to:

  • Curb inflated medical expense claims.
  • Ensure fairness in compensation amounts.

4. Increased Transparency in Medical Referrals

The legislation mandates disclosure of relationships between attorneys and healthcare providers. This includes financial ties and referral arrangements, which are no longer protected by attorney-client privilege. By enhancing transparency, HB 837 seeks to reduce conflicts of interest in personal injury cases.

Practical Implications of HB 837

The reforms under HB 837 have wide-ranging effects on Floridians:

  • For Injury Victims: Stricter rules necessitate meticulous evidence collection and prompt legal action.
  • For Insurance Companies: The changes could lower payouts and litigation costs, potentially benefiting policyholders through reduced premiums.
  • For Legal Professionals: Attorneys must adapt to tighter timelines and ensure full compliance with new disclosure requirements.

How Florida’s HB 837 Compares to Other States

Florida’s shift to modified comparative negligence aligns it with states like Texas and Georgia. However, the mandatory transparency in attorney-medical provider relationships and strict medical damages rules make it distinct among U.S. tort laws.

Who Gains and Who Loses Under HB 837?

  • Supporters’ Viewpoint: Proponents believe HB 837 reduces frivolous lawsuits, curbs excessive damage awards, and streamlines the legal process.
  • Critics’ Concerns: Opponents argue the reforms limit access to justice for injury victims and disproportionately favor insurance companies over plaintiffs.

Navigating Personal Injury Claims Under HB 837

Adapting to HB 837’s legal changes can be challenging. Here are actionable steps for claimants:

  • Act Swiftly: File claims within the two-year statute of limitations.
  • Document Thoroughly: Gather strong evidence, including accident photos, witness statements, and medical records.
  • Seek Legal Expertise: Partnering with experienced personal injury attorneys ensures your case is handled effectively within the new legal framework.

Conclusion

HB 837 represents a significant shift in Florida’s personal injury laws, offering both benefits and challenges. While the reforms aim to control litigation costs and prevent inflated claims, they also impose new obstacles for injury victims seeking compensation. Understanding these changes and acting decisively are critical for navigating the new legal environment.

The Pawlowski Mastrilli Law Group is here to guide you through these complexities. Contact us today for a free consultation to explore your legal options and protect your rights under HB 837.

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