The state of Florida is set to pass new legislation that will affect three areas of civil liability: negligence cases, attorney fees, insurance cases, and medical reimbursement.
One reason for these changes is that the state noted that there are laws that are unfavorable to small business enterprises. Also, insurance companies tend to use the extant laws to their advantage and gain from people by raising their rates.
What are these changes? How will it affect you or your loved one? This article will shed light on all the possible questions you may have.
The Areas of the Law that Will Change
Law 1: Lawyers’ Charges
The new law will affect a legal statute called one-way attorney fees. A one-way attorney fee is a legal statute in Florida State that shields policyholders (that is, people with insurance) from attorney’s fees when they sue their insurers. The insurance company pays this fee.
The new law seeks to eliminate this. The respective party will pay their attorney’s fees according to the changes. However, a person may file a suit in court to determine the amount to pay.
Law 2: Insurance Changes
The new law seeks to change the laws guiding bad faith claims. This law allows insurance companies to pay less than the policy limit if they can pay within 90 days. It empowers insurance firms to make more profit if they can act proactively.
Law 3: Negligence Suits
The new changes seek to reduce the statute of limitation for negligence suits from four to three years. The law also affects the fault rate used to determine compensation payments.
“According to Florida laws, the amount of compensation is relative to the extent of the fault of the two parties. However, according to the new law, in a case where the plaintiff is 50 percent at fault, the insurance company reserves the right not to pay any compensation,” says personal injury attorney William Umansky of The Umansky Law Firm Criminal Defense & Injury Attorneys.
Law 4: Liability Suits
The new law seeks to adjust the extent of liability of other parties not directly involved in an accident or injury. The changes state that a jury must first determine the extent of the guilty party’s involvement to determine the extent of the other party’s reduced liability. That is, the guiltier the guilty party is, the less liable the other parties are.
For example, suppose a person shoots another person on a school premises, as long as the jury determines that the criminal is 100 percent guilty. In that case, the school is not liable to pay any damages.
Also, in a case where a hotel’s security system is not strong enough to prevent a person from bringing in a gun to shoot another, as long as the hotel can provide the shooter, then they are not liable.
Law 5: Medical Reimbursement
According to the new law, you must prove to a jury that your attorney refers you to a medical professional. Also, to curtail medical providers from inflating medical care costs, the law seeks to limit medical reimbursement to just Medicare and Medicaid rates.
Criticism of the Changes
- Some have criticized the change for failing to address the problem it sets out to address.
- The law removes the shield of some individuals against big corporations who may take advantage of the new changes and profit from them.
- The law barely protects vulnerable people who may not have enough to pay an attorney’s fees from the little claim they receive.
- The law does not force insurance companies to lower their rates. It only entices them to lower it because of the perks the law offers to them.
- The new law fails to demand accountability from agencies that provide the platform for criminal activity so far as they can provide the guilty party.
Why You Should Engage a Lawyer
Navigating these changes can prove difficult for you to handle alone. The new changes are in a bid to curtail frivolous lawsuits, but they do not consider the reality of an average citizen.
As a result, you might need help and professional advice on any civil lawsuit you may want to pursue. It is advisable that before you take any step, you should first see a lawyer.
A lawyer has enough experience and can provide you with the necessary advice. A lawyer will also help prepare all the necessary documents you may need to help get the best for you in your case.
