HB 837 & Its Impact On Personal Injury Cases
If you have seen “HB 837” on news outlets, you should take a moment to understand what it is and how it affects you. Because Governor Ron DeSantis signed it on March 24, 2023, it can now significantly impact any personal injury cases you are a part of in the future. No one expects to be injured due to someone else’s negligence, but they do occur, and they can prevent you from working while you face mounting medical bills. Even if you were in a car accident, the degree of fault will now play a critical role in whether you can obtain any damages. The following are some key points of HB 837 to consider.
Comparative Negligence
Previously, Florida operated under comparative negligence laws. When you think of a car accident, it is rarely one person’s fault. If you bring a lawsuit against another person, they are the defendant, and you are the plaintiff. The court may determine that you were 30% at fault and the defendant was 70% at fault. Under these circumstances, the defendant would be liable for 70% of the damages. However, after HB 837 was signed, only defendants who are 51% responsible (or more) will be forced to pay damages.
Why did it change? The idea behind it was to limit the amount of lawsuits. Previously, even if someone was 99% at fault, they could still file a lawsuit against the person who was only 1% at fault. The problem is that even though the person may have been 51% at fault, the element that caused the accident may have been wholly unintentional. Because of this new legislation, they may never be able to recoup damages for a mistake they made when driving.
Shortened Statute of Limitations & Attorneys’ Fees
Personal injury victims now have a two-year window to file a claim instead of the four years they used to have. This translates into less time to gather evidence and fully realize their injuries' severity. Additionally, there was legislation in Florida that required the insurance company to pay your attorney’s fees when you were the one who suffered the injury. “When so awarded, compensation or fees of the attorney shall be included in the judgment or decree rendered in the case.”
Because HB 837 removes the insurance company’s obligation to pay for your attorney, insurance companies can “outspend you.” The longer the case goes, the more money you will have to pay your attorney. You may be forced to settle when you have mounting medical bills and attorney’s fees while unable to work. Insurance companies are notorious for denying and delaying, and HB 837 gives them even more leverage to exercise both.
It Is Imperative to Seek Legal Counsel
There is more to HB 837 than we could cover today. For instance, it places an upper limit on medical fees and expenses. Medicare costs are the baseline to determine medical fees and services. In other words, medical providers, who typically charge more, are less likely to be fully compensated for the treatment they provide. Or the insurance company will give the victim less than the need to pay their medical bills.
Because HB 837 strongly favors the insurance company in a personal injury case, you need an attorney to represent you to the fullest extent of the law. Contact the Law Offices of William C. Robinson to schedule your free consultation today.
