Significant Legal System Changes Set to Take Effect in Florida
The legislative system in Florida is about to witness a dramatic change as the state’s lawmakers rally to implement new rules. The new rules will specifically target negligence litigations and lawsuits against insurance; they aim to reduce frivolous lawsuits. What are the new rules, and how do the legal practitioners and Floridians feel about them?
The Tort Reform Law to Change the Civil Justice System
The lawmakers in Florida are set to pass a sweeping tort reform law poised to change the civil justice system. Areas that will be affected include liability, medical reimbursement, and attorney fees, among other things, in negligence cases.
The legislation has sparked reactions, both against and in support, among the public and attorneys throughout the state. For example, attorneys have begun to file unprecedented cases while waiting for the law to be passed. So, what is the new law, what areas of the legal system will it affect, and how?
Attorney Fees
One major aspect that will be affected by the new law is one-way attorney fees. Florida has always worked with a country-old law that says insurance companies have to pay attorney fees if they win the case.
However, under the new law, the plaintiff will have to pay their own legal fees—as will the defendant. Nevertheless, the lawmakers added an amendment that enables the insured to file a separate declaratory judgment case for coverage determination.
Statutes of Limitation
In addition, the reform legislation affects negligence lawsuits in that the statutes of limitations will shrink. Previously, the statute of limitation for filing negligence cases was four years; the new legislation shrinks it to two.
Compensation System
Furthermore, the current compensation system in Florida is based on comparative fault; that is about to change also. Under the new legislation, plaintiffs can only be awarded compensation if they are less than 50 percent responsible.
Property Liability Lawsuits
Another aspect of Florida’s legal system that the new legislation will impact is the premises or property liability lawsuits. For example, if an individual was attacked on another individual’s property, the jury will now have to factor in the criminal’s fault. This would inadvertently limit the property owner’s liability and other parties involved in the incident.
Medical Claims
The new legislation will also affect medical claims, especially the cost of care. For example, the plaintiff has to inform the jury if an attorney refers them to a particular medical practitioner.
Also, the legislation has limited the cost of care to just above Medicare and Medicaid rates. Supporters of the legislation believe that this will keep doctors from inflating costs.
Also Read: The Ultimate Guide to Choosing an Injury-at-Work Lawyer
Conclusion: How Are Florida’s Lawyers and Citizens Taking the Change?
The new legislation in Florida’s legal system has supporters as well as critics. For supporters, including the Florida Chamber of Commerce, the state will be saved from too many frivolous lawsuits raising insurance rates. Supporters referred to Florida as a judicial hellhole that exalts billboard trial lawyers above consumers.
Critics disagree, saying the bills do not address rising insurance rates and that consumers will lose protections. “A critical assessment and improvement of the rates statute would have been a good step by the legislature,” says attorney Wanda W. Radcliffe of Emmanuel Sheppard & Condon.
Critics also say the proposed law favors insurance companies and will hurt the most vulnerable. Meanwhile, Floridians are also not in support of the new legislation. Most people believe hotels and apartment complexes should be financially responsible for whatever issues arise due to their lack of security.
