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Webinar Debrief – Florida Tort Reform: Changes, Statutory Construction and Application

Our team presented a webinar unpacking the sweeping changes brought by Florida’s 2023 Tort Reform (HB 837). Here are some highlights in case you missed it!

  • Florida’s 2023 Tort Reforms – HB 837
  • Effective Date: March 24, 2023
  • No more “one way” attorney fees: Sections 627.428 and 626.9373 are repealed
  • Creates attorney fees in actions for declaratory relief to determine insurance coverage after total coverage denial of claim (Section 86.121)
  • Section 768.79 (offer of judgment and demand for judgment) apply to any civil action involving an insurance contract
    • Be proactive about filing proposals for settlement
  • Statute of limitations for negligence actions shortened from four years to two years
  • Several significant changes to 624.155, the statutory basis for bad faith actions in Florida
  • Dramatically changes the evidence of both past and future medical expenses a jury can consider and award
  • Changed Florida’s comparative negligence system from “pure” to “modified”
    • If a plaintiff is found to be more than 50% at fault, they cannot recover any damages

Whether you’re looking for claims assistance or interested in scheduling a complimentary CE for your team on this or others, we’d love to connect. Reach out to us at: info@kubickidraper.com.

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