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Florida trashes PI Attorneys through Tort Reform

Posted on 3/27/23 at 5:51 am
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
44460 posts
Posted on 3/27/23 at 5:51 am
Desantis

quote:

Florida Governor Ron DeSantis approved major changes Friday to the state’s tort laws, cutting down so-called frivolous lawsuits by limiting injury and insurance litigation and attorney fees.

According to the governor’s office, House Bill (HB) 837, titled Civil Remedies, modifies the “bad faith framework, eliminates one-way attorney’s fees and fee multipliers, and ensures that Floridians can’t be held liable for damages if the person suing is more at fault.”


quote:

“Florida has been considered a judicial hellhole for far too long and we are desperately in need of legal reform that brings us more in line with the rest of the country,” DeSantis said. “I am proud to sign this legislation to protect Floridians, safeguard our economy, and attract more investment in our state.”


Personal injury firms did this to themselves. I'm excited to see most of the PI firms eventually go away.
Posted by Oilfieldbiology
Member since Nov 2016
40055 posts
Posted on 3/27/23 at 6:03 am to
It won’t happen in LA ever. Our current governor is a PI attorney and the biggest NIL name is Gordon.

Hell, we still aren’t allowed to present evidence of whether a complainant was or wasn’t wearing a seatbelt in civil suits.
Posted by supadave3
Houston, TX
Member since Dec 2005
31184 posts
Posted on 3/27/23 at 6:04 am to
quote:

Personal injury firms did this to themselves. I'm excited to see most of the PI firms eventually go away


I agree, but without knowing anything about this particular bill, I doubt that PI attorneys are going away. They may be limited in some instances now and that’s probably a good thing.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
12564 posts
Posted on 3/27/23 at 6:07 am to
quote:

Hell, we still aren’t allowed to present evidence of whether a complainant was or wasn’t wearing a seatbelt in civil suits.

Yes you are, That was changed a couple of years ago.

Posted by BorrisMart
La
Member since Jul 2020
9001 posts
Posted on 3/27/23 at 6:07 am to
quote:

and ensures that Floridians can’t be held liable for damages if the person suing is more at fault.”


Was Florida not a comparative negligence or fault state already?
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
44460 posts
Posted on 3/27/23 at 6:12 am to
PI attorneys here in FL have been freaking out. They were filing thousands of cases a day when they figured out this was going to pass

quote:

Amount of Damages Recoverable at Trial

The proposed bill prohibits damages from including any inflated amounts above the amount actually paid for the services provided to a plaintiff by a health care provider. Moreover, the bill forbids an award of damages from exceeding the amount:

Actually paid by or on behalf of the claimant to the health care provider who rendered medical treatment or services

Necessary to satisfy charges for unpaid medical services at the time of trial

Required to provide for any reasonable and necessary future medical treatment.
Posted by spslayto
Member since Feb 2004
20992 posts
Posted on 3/27/23 at 6:17 am to
quote:

It won’t happen in LA ever. Our current governor is a PI attorney and the biggest NIL name is Gordon


Jindal was governor too. Why didn't he do it?
Posted by AwgustaDawg
CSRA
Member since Jan 2023
11665 posts
Posted on 3/27/23 at 6:18 am to
A battle between special interests and lawyers lost a minor battle...meanwhile the folks in the middle, the victims, are the actually losers because it is nearly impossible to be made whole in the event of an injury before any such reforms. The old song and dance about suing anyone anytime for anything has never been true, the fact is that even when someone has suffered serious damages they often can't find an attorney to take the case if it is not a slam dunk and when they do they usually wind up settling for less than their damages to simply make the litigation stop.
Posted by fallguy_1978
Best States #50
Member since Feb 2018
51982 posts
Posted on 3/27/23 at 6:20 am to
quote:

PI attorneys here in FL have been freaking out.

That probably means this is good for the general public
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
44460 posts
Posted on 3/27/23 at 6:21 am to
quote:

meanwhile the folks in the middle, the victims, are the actually losers because it is nearly impossible to be made whole in the event of an injury before any such reforms


Found the PI attorney
Posted by In The Know
City of St George, La
Member since Jan 2005
5923 posts
Posted on 3/27/23 at 6:23 am to
Looks like we found the POS plaintiff attorney. Cry me a river.
Posted by TomballTiger
Htown
Member since Jan 2007
3970 posts
Posted on 3/27/23 at 6:39 am to
welcome to the old paid vs incurred battle. get ready for a bunch of opinions all giving different views on what the minute wording of that statute means with regard to the medical expenses. at least that’s how it went down here in Texas

eta it looks like this statute is pretty clear. the texas version used the phrase paid or incurred with regard to medical expenses. lots of wiggle room in those 3 words.
This post was edited on 3/27/23 at 6:51 am
Posted by tigerinthebueche
Member since Oct 2010
37069 posts
Posted on 3/27/23 at 6:52 am to
quote:

I'm excited to see most of the PI firms eventually go away.


you really think they’ll go away?
Posted by Lake Vegas Tiger
Lake Vegas
Member since Jun 2014
3277 posts
Posted on 3/27/23 at 6:58 am to
Everyone shits on PI attorneys till they get injured then it’s what can you do for me
Posted by Robin Masters
Birmingham
Member since Jul 2010
33921 posts
Posted on 3/27/23 at 7:12 am to
You either have tort system or big govt regulations.

Looks like op loves big government regulation.
Posted by Dizz
Member since May 2008
15610 posts
Posted on 3/27/23 at 7:12 am to
Still waiting on those lower auto insurance rates we were promised in LA.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
44460 posts
Posted on 3/27/23 at 7:22 am to
Love me some big government regulation when it fricks over the scummy billboard lawyers
Posted by Dixie2023
Member since Mar 2023
3644 posts
Posted on 3/27/23 at 7:23 am to
Good. Too bad Louisiana won’t follow. It would be wonderful if the driver who cuts you off and slams on their brakes can be found 1/2 culpable, even better, 100% culpable. And win the cross-claim.
Posted by Tiger985
Member since Nov 2006
7217 posts
Posted on 3/27/23 at 7:30 am to
quote:

Necessary to satisfy charges for unpaid medical services at the time of trial


95% or more of PI cases never actually go to trial.

Prior to that everything is negotiated anyway.

This doesn't look like some major reform to me.
Posted by Robin Masters
Birmingham
Member since Jul 2010
33921 posts
Posted on 3/27/23 at 7:35 am to
quote:

Love me some big government regulation when it fricks over everyone


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