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Message

Here are the details of the lead tort reform bill for the upcoming session.
Posted on 2/20/20 at 7:26 am
Posted on 2/20/20 at 7:26 am
The big dog is the “Omnibus Premium Reduction Act of 2020”, HB 9, which carries the water for tort reformers. It (1) increases the prescriptive period for delictual actions to a two-year prescriptive period, (2) reduces the threshold for a jury trial to $5,000, (3) provides for reduced damages for amounts paid or payable from collateral sources, and (4) repeals the right of direct action against an insurer.
The collateral source changes are comprehensive: (1) reductions in medical bills based upon the write-offs or write-downs by insurance companies or Medicare are not collateral sources and are therefore not recoverable as damages in civil litigation; (2) when a plaintiff's medical expenses have been paid by a health insurance company or Medicare, plaintiff's recovery of medical expenses is limited to the amount actually paid to the healthcare provider by the insurer or Medicare, and not the amount billed; (3) if the plaintiff pays the medical expenses directly to the healthcare provider when health insurance is available, recovery is limited to the amount that would have been paid by the insurer or Medicare; (4) payment for medical expenses that could be submitted under Workers’ Compensation is limited to the amount payable under the Workers' Compensation fee schedule.
SB 45 would reduce the cause of action threshold for a jury trial from $50,000 to $15,000.
HB 46 enacts new procedures for “expedited jury trials.”
HB 84 requires an automobile insurer to provide liability policy limits to a third-party claimant or his attorney within 30 days of receipt of a written request from the claimant or his attorney. It also requires the insurer to disclose: (1) the insurer's name; (2) the name of each insured; and (3) an indication of coverage limits or that the insurer did not issue a policy that provides coverage for the automobile accident.
There are (so far) a handful of proposed evidentiary changes:
HB 78 provides that evidence of force of impact may be used to determine the causation of an injury and nature and extent of any injuries sustained.
HB 79 requires that documentary evidence of past lost wages be produced and that failure to produce documentary evidence precludes the party from making a claim for past lost wages.
The first of two seatbelt bills, HB 39 authorizes the introduction of evidence of failure to wear a safety belt in order to establish both comparative negligence and damages, except when the operator or passenger is under 16 years of age, or when the tortfeasor is charged with operating a motor vehicle while intoxicated.
SB 12 allows consideration of evidence of failure to wear a safety belt in an action to recover damages arising from a motor vehicle accident as comparative negligence and removes provisions prohibiting its admission to mitigate damages.
The collateral source changes are comprehensive: (1) reductions in medical bills based upon the write-offs or write-downs by insurance companies or Medicare are not collateral sources and are therefore not recoverable as damages in civil litigation; (2) when a plaintiff's medical expenses have been paid by a health insurance company or Medicare, plaintiff's recovery of medical expenses is limited to the amount actually paid to the healthcare provider by the insurer or Medicare, and not the amount billed; (3) if the plaintiff pays the medical expenses directly to the healthcare provider when health insurance is available, recovery is limited to the amount that would have been paid by the insurer or Medicare; (4) payment for medical expenses that could be submitted under Workers’ Compensation is limited to the amount payable under the Workers' Compensation fee schedule.
SB 45 would reduce the cause of action threshold for a jury trial from $50,000 to $15,000.
HB 46 enacts new procedures for “expedited jury trials.”
HB 84 requires an automobile insurer to provide liability policy limits to a third-party claimant or his attorney within 30 days of receipt of a written request from the claimant or his attorney. It also requires the insurer to disclose: (1) the insurer's name; (2) the name of each insured; and (3) an indication of coverage limits or that the insurer did not issue a policy that provides coverage for the automobile accident.
There are (so far) a handful of proposed evidentiary changes:
HB 78 provides that evidence of force of impact may be used to determine the causation of an injury and nature and extent of any injuries sustained.
HB 79 requires that documentary evidence of past lost wages be produced and that failure to produce documentary evidence precludes the party from making a claim for past lost wages.
The first of two seatbelt bills, HB 39 authorizes the introduction of evidence of failure to wear a safety belt in order to establish both comparative negligence and damages, except when the operator or passenger is under 16 years of age, or when the tortfeasor is charged with operating a motor vehicle while intoxicated.
SB 12 allows consideration of evidence of failure to wear a safety belt in an action to recover damages arising from a motor vehicle accident as comparative negligence and removes provisions prohibiting its admission to mitigate damages.
Posted on 2/20/20 at 7:29 am to Slippy
Sadly, none of these will pass.
That said, when you tell people failure to wear a seat belt is inadmissible, they are floored.
That said, when you tell people failure to wear a seat belt is inadmissible, they are floored.
Posted on 2/20/20 at 7:33 am to udtiger
quote:
Sadly, none of these will pass.
Why do you say that? I’ve heard that the new makeup of the legislature has this all but a certainty of passing and being veto proof.
Posted on 2/20/20 at 7:35 am to TJG210
(no message)
This post was edited on 2/9/21 at 5:22 am
Posted on 2/20/20 at 7:36 am to TJG210
quote:
Why do you say that? I’ve heard that the new makeup of the legislature has this all but a certainty of passing and being veto proof
There are enough legislators that will be more than willing to get a bad of cash from the plaintiff's bar to help maintain JBEs veto.
Posted on 2/20/20 at 7:39 am to Slippy
Going to be a bitter sweet victory when the defense bar realizes they have to start trying cases all the time.
Posted on 2/20/20 at 7:41 am to Slippy
As someone who has been the target of two frivolous vehicle wreck suits, this shite needs to be put into law.
Posted on 2/20/20 at 7:42 am to Slippy
Where's the guarantee of rate reductions? 
Posted on 2/20/20 at 7:42 am to Slippy
Both seatbelt bills should pass. Arguments against them are weak AF.
They won’t pass.
They won’t pass.
Posted on 2/20/20 at 7:43 am to TigerGman
It’s a market. It is designed to increase the attractiveness for insurance companies to do business in this state.
Posted on 2/20/20 at 7:43 am to Slippy
Is not posting this on the Poli Board a TD tort?
Posted on 2/20/20 at 7:44 am to Uptowner
No. This transcends politics.
Posted on 2/20/20 at 7:44 am to Slippy
quote:
(3) provides for reduced damages for amounts paid or payable from collateral sources
Don’t really agree with #3 - but really unsure of the solution.
Having been in a recent accident (not at fault) the first thing the hospital is going to ask is “Where you in an accident”. As soon as you say “yes”, say goodbye to your health insurance coverage. It will get flagged in their claims systems and all your med bills from the wreck will be rejected.
So, now you are on your own racking up ridiculously high medical bills cause they are billing you for the full amount. Meanwhile the at fault party’s insurance ain’t paying a dime “until the case settles”. So its up to you to work to plead the bills down to something you can afford before it ruins your credit and goes to collections. So now all you are doing is saving the auto insurance company $ by them not having to pay out as much in the end since YOU did all the leg work to get the med bills lower.
They need to also say in the law that the heath insurance can’t deny you if you are in a wreck or something to that effect.
All that does it make it easier for the auto insurance company and more work for the innocent person who got hit.
Posted on 2/20/20 at 7:44 am to TJG210
quote:
Sadly, none of these will pass. Why do you say that?

Posted on 2/20/20 at 7:49 am to Slippy
Except for the work Comp fee schedule for billing, the other components are basically the law in Florida.
One issue will be whether the jury gets to consider the entire medical bill and then the judge sets off collateral sources post verdict or whether the jury only gets to consider the bill after insurance has paid at their contracted rate.
In Florida the jury sees the full bill and then the judge gives a set off post verdict but that is probably going to change with the new Ron Disantis conservative Supreme Court.
One issue will be whether the jury gets to consider the entire medical bill and then the judge sets off collateral sources post verdict or whether the jury only gets to consider the bill after insurance has paid at their contracted rate.
In Florida the jury sees the full bill and then the judge gives a set off post verdict but that is probably going to change with the new Ron Disantis conservative Supreme Court.
Posted on 2/20/20 at 7:50 am to udtiger
quote:Not sure what you mean. Can you please explain?
That said, when you tell people failure to wear a seat belt is inadmissible, they are floored.
I'd appreciate it.
Posted on 2/20/20 at 7:50 am to udtiger
(no message)
This post was edited on 2/9/21 at 5:21 am
Posted on 2/20/20 at 7:51 am to Slippy
In the unlikely event any tort reform makes it past our legislators, our shyster Governor will gleefully veto it
Posted on 2/20/20 at 7:53 am to Slippy
So if any of the house bills pass, do they still have to go through that Senate Judiciary Committee, of which a majority are plaintiffs lawyers?
This post was edited on 2/20/20 at 7:55 am
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