ATTORNEY | ABOGADO
  • Miami Criminal Defense Attorney
  • PRACTICE AREAS
    • Adversary Preliminary Hearing
    • Aggravated Assault Defense
    • Aggravated Battery Defense
    • Alien Smuggling
    • Anti-Murder Act
    • Antitrust Defense
    • Arson Defense
    • Arthur Hearings
    • Assisted Living Facility Fraud (ALF)
    • Black Market Peso Exchange
    • Bulk Cash Smuggling Defense
    • Burglary Defense Attorney
    • Cargo Theft Defense Attorney
    • Concealed Firearm Defense Attorney
    • Conspiracy Defense
    • Counterfeiting Defense
    • Crypto Currency
    • Cyber Crime Defense
    • Cyberstalking Defense
    • Domestic Violence Defense
    • Drug Crimes >
      • Drug Trafficking Defense
      • Drug Cultivation
      • Drug Paraphernalia Defense
      • Possession of a Controlled Substance - Miami Criminal Defense Defense
    • Drone Law Defense
    • DUI Defense
    • DUI Reduction
    • DUI - how to win!
    • Embezzlement Defense
    • Extortion Defense
    • Fraud Defense
    • Gambling Defense Attorney
    • Grand Theft Defense
    • Homicide Defense
    • Human Trafficking
    • Insider Trading
    • Insurance Claim Fraud
    • Kidnapping Defense Attorney
    • Medicare Fraud Defense
    • Miami Criminal Defense
    • Migratory Bird Treaty Act Defense
    • Money Laundering Defense
    • Motion to Suppress Attorney
    • Nebbia Hold
    • PPP Loan Fraud
    • Prison Release Reoffender Defense
    • Stand Your Ground Defense
    • Trade Secret Theft
  • USEFUL INFO
    • How to FIND an inmate
    • Bail Bond
  • ESPAÑOL
    • Defensa Criminal
    • Mejor Abogado
    • Casos Federal
    • Busqueda de presos
    • opiniones de clientes
    • Consulta
  • About
  • Contact
  • Blog

Florida Revamps Bad Faith Law, Abolishes One-Way Attorneys' Fees, Implements Modified Comparative Negligence, and Introduces Tort Reforms

3/23/2023

 
On March 23, 2023, the Florida Legislature approved HB 837, a comprehensive reform of the state's tort law. Governor Ron DeSantis promptly signed the bill into law the following day. This article provides an overview of the numerous significant amendments to Florida law, including modifications to bad faith law, the abolishment of one-way attorneys' fee statutes, a decrease in the statute of limitations for negligence cases, the implementation of modified comparative fault, and more.

Florida's bad faith law has undergone significant changes as a result of the bill. It clarifies that mere negligence is not enough to establish bad faith, and it imposes good faith duties on insureds, claimants, and their representatives when interacting with insurers. The bill also limits bad faith actions in cases where the insurer offers a certain amount within 90 days of receiving a claim, and it extends the statute of limitations in cases where no qualifying offer is made.

The legislation repeals four one-way attorneys' fee statutes and establishes a new statute that allows courts to award fees in specific cases involving total coverage denial. However, it does not apply to residential or commercial property insurance policies. Additionally, the bill creates a strong presumption that the lodestar fee is reasonable in any action where attorneys' fees are awarded by a court.

The statute of limitations for negligence actions has been reduced from four to two years, and the bill adopts a modified comparative fault system that prohibits parties found to be more than 50% at fault for their own harm from recovering damages, with some exceptions.

The bill also imposes restrictions on evidence related to medical expenses, letters of protection, and limits on damage awards in personal injury or wrongful death actions. It sets specific limitations on the evidence that can be presented for past and future medical treatment expenses and requires the disclosure of certain information related to letters of protection and health care coverage.

Furthermore, the legislation limits premises liability for property owners who implement certain security measures and meet specific requirements. It also clarifies that Florida's offer of judgment statute applies to civil actions involving insurance contracts.

The provisions of HB 837 took effect immediately upon being signed by Governor DeSantis. The changes to the statute of limitations apply to causes of action accruing after the effective date, while the bill's other provisions apply only to insurance contracts issued or renewed and causes of action filed after the effective date.
contact us for a free consultation.

Comments are closed.

    Dennis Gonzalez Jr.

    Miami Criminal Defense Attorney

    Archives

    May 2023
    April 2023
    March 2023
    January 2023
    November 2022
    March 2022
    February 2022
    November 2021
    October 2021
    August 2021
    March 2021
    February 2021
    December 2020
    July 2019
    June 2019
    January 2018
    April 2017
    March 2016
    February 2016
    October 2015

    Categories

    All
    Artificial Intelligence
    Burglary
    Chokeholds
    Criminal Defense Attorney
    Crypto
    Deep Fake
    Domestic Violence
    Drug Trafficking
    DUI
    Homeowners Insurance
    Insurance Industry
    Insurance Law
    Law Enforcement
    Miami
    Money Laundering
    Police Reform
    Public Safety
    White Collar

    RSS Feed

Our Office:

Privacy Policy can be found here.

What Our Clients Are Saying

"I was unjustly charged with a Felony for taking back one of my employees mobile phones after she was dismissed from her post. She called police. They arrested me, charged me with Strong Arm Robbery and I spent the next two days in jail. I hired Dennis when I was released. He took over and turned a Felony into a Misdemeanor, then a Dismissal! Thanks Dennis, for finding justice in this case!!"

Contact Us

(305) 209-0384

Click below for a FREE consultation
Attorney Call Back
Contáctenos ahora
  • Miami Criminal Defense Attorney
  • PRACTICE AREAS
    • Adversary Preliminary Hearing
    • Aggravated Assault Defense
    • Aggravated Battery Defense
    • Alien Smuggling
    • Anti-Murder Act
    • Antitrust Defense
    • Arson Defense
    • Arthur Hearings
    • Assisted Living Facility Fraud (ALF)
    • Black Market Peso Exchange
    • Bulk Cash Smuggling Defense
    • Burglary Defense Attorney
    • Cargo Theft Defense Attorney
    • Concealed Firearm Defense Attorney
    • Conspiracy Defense
    • Counterfeiting Defense
    • Crypto Currency
    • Cyber Crime Defense
    • Cyberstalking Defense
    • Domestic Violence Defense
    • Drug Crimes >
      • Drug Trafficking Defense
      • Drug Cultivation
      • Drug Paraphernalia Defense
      • Possession of a Controlled Substance - Miami Criminal Defense Defense
    • Drone Law Defense
    • DUI Defense
    • DUI Reduction
    • DUI - how to win!
    • Embezzlement Defense
    • Extortion Defense
    • Fraud Defense
    • Gambling Defense Attorney
    • Grand Theft Defense
    • Homicide Defense
    • Human Trafficking
    • Insider Trading
    • Insurance Claim Fraud
    • Kidnapping Defense Attorney
    • Medicare Fraud Defense
    • Miami Criminal Defense
    • Migratory Bird Treaty Act Defense
    • Money Laundering Defense
    • Motion to Suppress Attorney
    • Nebbia Hold
    • PPP Loan Fraud
    • Prison Release Reoffender Defense
    • Stand Your Ground Defense
    • Trade Secret Theft
  • USEFUL INFO
    • How to FIND an inmate
    • Bail Bond
  • ESPAÑOL
    • Defensa Criminal
    • Mejor Abogado
    • Casos Federal
    • Busqueda de presos
    • opiniones de clientes
    • Consulta
  • About
  • Contact
  • Blog