Florida House GOP leaders have filed a major tort proposal a day after Gov. Ron DeSantis vowed to end “a cottage industry of litigation.” The results could hinder your right to sue and be compensated.
Here’s a look at the potential impact of House Bill 837 and the companion Senate Bill (SB) 236:
- Bad Faith Reform – Removes protections from Florida’s Bad Faith laws that incentivize insurers to treat policyholders fairly.
- Limitations on medical damages – The bill proposes denying juries access to accurate information about the actual costs of both past and future medical expenses.
- Attorney Fees Reform (627.428)– The legislation seeks to repeal 627.428 which has existed for more than 130 years to protect David against Goliath. It protects insurance consumers who purchase auto, health, life, or any other first-party insurance from companies that would otherwise delay, deny, or underpay claims.
- Moves Florida to a Contributory Negligence Standard– The bill would shift Florida from a comparative fault standard to a contributory negligence standard of fault.
- Eliminates Negligent Security Safeguards– By adding the intentional tortfeasor to the jury form, the bill guts protections for employees and patrons of businesses that currently have a duty to ensure their safety.
- Statute of Limitations Cut in Half– An amendment added to HB 837 would change the statute of limitations on all negligence claims from four years to two.