Florida’s justice system is under attack and the fundamental rights of all Floridians are being threatened. Insurance companies and corporate elites who think they can dictate which rights should be preserved and which can be thrown out would like to dictate our rights and block our legal options.
Injured Floridians will have to go through even more problems than they already have to be able to obtain a trial by jury in this state. The right to having a trial by jury is a fundamental right that should not be taken away by multinational corporations because they have more monetary influence.
House Bill 837 creates laws that will block Florida citizens from accessing justice if they are involved in an accident that causes injury. This legislation would create a new tax for every Floridian by making citizens pay when a business or insurance company fails to fairly compensate victims for harm they or their insured have caused. When this legislation is passed it will limit what victims and families can recover after a catastrophic event and force people to obtain taxpayer-funded programs and services as their only options.
There are six elements to this bill that will block access to justice for Florida citizens.
Removes Incentive For Insurance Companies To Protect Their Customers
Insurance companies are supposed to act in the best interests of their insured. This new law House Bill 837 removes the financial incentive for insurance companies to protect customers and settle insurance claims. It allows insurance companies to pad their bottom lines while exposing their customers to debts that could exceed their insurance coverage by a magnitude.
This Bill Puts Caps On Medical Damages
At this time in Florida if you are injured and have a jury, you tell the jury what your medical costs are and what your estimated future costs will be. Under the new House Bill 837, the jury will only accept a cost for medical treatment that is 140% of what Medicaid will cover. Medicaid is a last resort for payment and pays very little of the total treatment. Which is very little, and providers want to accept it. If House Bill 837 is under effect, regardless of how much medical care you have had or will need the jury will only allow a very low number. House Bill 837 does not require that healthcare providers accept the rate that the jury gives you for medical treatment.
This Bill Will Increase The Cost Of Legal Representation
This new House Bill 837 seeks to repeal legislation 627.428 which has been protecting citizens for the last 130 years.
It protects the customers who purchase an auto, home, health, life, or any other insurance from the very companies who would delay, deny or underpay claims.
This old legislation protects Floridians and all citizens from big insurance companies accountable to their customers.
Sometimes insurance companies try to sue to get out of paying a claim. This is called a declaratory judgment action. The reason why these suits do not get filed is because if the insurance company sues the customer and loses the insurance company has to pay the attorney fees for the customer.
This law has been in effect since 1893. This new bill will make it more difficult for anyone to afford proper representation which could cost as much as a house. If this bill passes only the very affluent will be protected.
Florida Will Have A New Contributory Negligence Standard
This bill will change the current comparative fault standard to a Contributory Negligence Standard. If a trucker runs into you on the highway and puts you into a coma. Under the new House Bill 837, if the truck driver is 53% responsible for your accident, he will only owe that percentage amount for their reckless negligence.
Takes Duty To Ensure Safety Away
This bill takes away protections for employees and patrons of businesses that currently have a duty to ensure their safety. This will allow large corporations to blame career criminals while they cut costs rather than take the appropriate responsibility necessary.
Changes Time Limit For Statute of Limitations
An amendment that has been added to House Bill 837 changes the number of years allowable for a negligence claim from 4 years to 2 years. This bill will force injured citizens to file lawsuits before they finish healing from their injuries.
What This new house bill does is makes the Florida citizen responsible when a business or insurance company fails to pay for the harm that have caused. If this bill passes, it will limit what can be recovered after a catastrophic event and more citizens will have to find programs through the state to assist their conditions and inability to afford proper care for their conditions.
Concerned About HB 837? Tell Your Representative Today!
Michael Grant – 941-613-0914
Michael.Grant@MyFloridahouse.gov
Tommy Gregory – 941-893-5434
Tommy.Gregory@MyFloridahouse.gov
Fiona McFarland – 941-361-2465
Fiona.McFarland@MyFloridahouse.gov
William Robinson – 941-208-4968
William.Robinson@Myfloridahouse.gov
James Buchanan – 941-429-4560
James.Buchanan@MyFloridahouse.gov
