Trial attorneys around the state are filing lawsuits in anticipation of Gov. Ron DeSantis signing the tort reform bill this week as the Florida Senate is poised to give final approval today to a bill that would help shield businesses and insurance companies from lawsuits.
The lawsuits bill (HB 837) has already passed the House and includes largely eliminating what are known as “one-way” attorney fees in lawsuits against insurers. One-way attorney fees have long required insurers to pay the attorney fees of plaintiffs who are successful in lawsuits.
Among other things, the bill reduces from four to two years a statute of limitations for filing negligence lawsuits; makes it harder to pursue “bad faith” lawsuits against insurers; and revamps laws about comparative negligence, which involves situations when juries find more than one party at fault.
As attorney Eric Stevenson explained to me this morning, the bill is unusual in that it goes into effect immediately when the governor signs it, not on July 1 or later in the year as most new laws.
“To secure our clients’ rights, we are filing lawsuits before DeSantis signs the bill,” Stevenson said. He shared that has talked to other local attorneys who are doing the same. He estimated that hundreds of lawsuits have been filed this week in Escambia County alone, causing a panic at the Escambia County Clerk of Courts’ office as it deals with the sudden workload.