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How Will Florida HB 837 Impact Personal Injury Victims?

— May 15, 2023

Lastly, it removes the ability of a victim to claim restitution for an incident they are partially at fault for.

For those victims who have suffered from a personal injury due to an accident or negligence, the newly proposed HB 837 in Florida can have a large impact on their claim and the legal process. Exactly what will this impact be, and how will it affect current claimants?

What Florida HB 837 Proposes

Florida legislatures put forth HB 837. This bill proposes to change the way Florida handles negligence-based damages. Currently, the system in place uses the same system for negligence-based damage recovery as well as modified comparative and pure comparative negligence.

The idea behind the bill is to lessen the number of lawsuits that the state sees in these types of cases, many in which are not evidenced based and harm corporations. On the other side, many people see it to reduce individual protections.

Effect of Florida HB 837 On New Cases

If this bill is pushed forward, it will directly impact all new cases. First, it will reduce the length of time an individual has to file a lawsuit from four years to two years. This significantly decreases the amount of time for a victim to acquire information as well as evidence to build a case.

Clock face; image by Age Barros, via
Clock face; image by Age Barros, via

It also puts a cap on the amount of money that a person can seek for medical expenses and damages in relation to the negligence case. The cap and fees associated with compensation and restitution would be based on current Medicare costs, which are often much lower than that of private insurance and patient costs.

This legislation will also repeal another section of the law that requires insurance companies to pay for legal fees associated with a claim. 

Lastly, it removes the ability of a victim to claim restitution for an incident they are partially at fault for.

Effect of Florida HB 837 On Old Cases

The law states that when the law changes during a case, the law that is most beneficial to the case shall be followed. This is commonly referred to as Ex Post Facto law. So, if you are in the middle of a negligence case and are in year 3, you will not be affected by the new 2-year statute of limitations. The old statute of limitations would apply to the case at hand.

Seek Legal Advice

Laws are ever-changing and complicated. Due to this, it is important to speak with a member of legal aid or a lawyer. They can review your case and explain how the new HB 837 bill would affect you. This can help you decide whether you want to go forward with a legal claim or not.

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