Tighter Filing Deadlines
- Lawsuits after insurer denial must be filed within 30 days.
- Insurers must acknowledge medical documentation within 15 days and decide within 45 days.
- These measures emphasize speed but add pressure to claimants and counsel.
Damages & Liability
- Non-economic damages capped at $500,000.
- Punitive damages capped at the greater of $2 million or 3× compensatory.
- Modified comparative negligence: recovery barred if plaintiff is more than 50% at fault.
PIP & Attorney Fees
- Strict 14-day treatment requirement remain.
- Prevailing medical providers may recover attorney fees in overdue-benefit disputes.
- Policyholders may not recover attorney fees.
Practical Impact
- Part of Florida’s broader tort reform agenda to limit litigation exposure and curb costs.
- Practitioners should prioritize:
- Immediate client engagement.
- Careful evaluation of comparative fault.
- Strategic consideration of damages caps.
- Early case law will clarify scope and application.
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