Florida’s Legal System to Undergo Major Changes

CEOs and founders of big companies in Florida, among others, have complained about the frivolous lawsuits they receive. For Fine Wine & Spirits, there is a restriction in the ability to hire additional team members, says CEO Charles Bailles. As a result, they support the new changes being made to the legal system in Florida.

Earlier this year, lawmakers in Florida passed a tort reform law designed to change swaths of the civil justice system. The law will affect major aspects of the legal system, including attorney fees, medical reimbursement, and more.

While some support the bill, especially big businesses and insurance companies, many do not, including the majority of Floridians. Let us look at some of the changes set to take effect due to the new law and how Floridians feel about it.

The Swaths of Changes Set to Take Place

In March 2023, the Republican-majority Florida House of Representatives passed a bill largely along partisan lines. The bill shows the concerns the House has about the lawsuits filed by lawyers in the state. Below are some of the concerns and how the bill will affect them:

• Attorney Fees

The bill will address the one-way attorney fees, which require insurance companies to pay policyholders’ attorney fees over successful claims. In the newly proposed law, each party will take up the responsibility of paying their legal representative’s fees. There is, however, a little amendment where the insured can determine coverage by filing a separate declaratory judgment case.

• Bad Faith Claims

Another aspect the bill will address is the bad claims with insurance companies; it will limit them. The new bill will allow insurance companies to pay the lesser end of the policy limits if paid within 90 days. However, Jeffrey Liggio, a West Palm Beach lawyer, says this will hurt the most vulnerable, stating that the law would not lower insurance rates.

• Negligence Lawsuits

The statute of limitations surrounding negligence lawsuits will go down from four years to two years in the new bill. Also, a plaintiff cannot receive compensation if their part in the accident that caused their injury is more than 50 percent. 

• Property Liability Lawsuits

The bill also targets premises liability lawsuits, essentially limiting the liability of other parties involved in a suit. For example, if someone was attacked on a property, the jury will consider the criminal’s fault when passing their judgment. That means the other parties in the suit may walk free or pay less than they previously would. This change, critics say, is bad policy as it will only give schools and other agencies less incentive to better security.

• Medical Claims

In medical claims, the injured party must inform the jury if their attorney refers them to a particular medical provider. Also, the cost of care is now just above Medicare and Medicaid rates – supporters say this will reduce cost inflation rates.

Conclusion: How Do Floridians Feel About These Changes?

“Rules should always reflect the best interests of the people they are for while maintaining easy implementation and adherence,” says personal injury attorney Mitchell Feldman of Feldman Legal Group. While backers of the legislation say this rule is for the good of the state, Floridians disagree. According to a recent poll that the Metropolitan Research for Accountable Florida conducted, most Floridians are against the new rule.

The survey involved 1,000 people being asked a few questions regarding liability coverage. 80 percent of those questioned say hotels and apartment complexes should not go free if death or injuries occur on their premises. More so, they should be held responsible when these deaths and injuries happen due to the lack of security.