E-File Now Before HB 837 Comes Into Law

This is a synopsis of the recently enacted legislation, HB 837, which is being fast-tracked, and is likely soon to be signed into law concerning civil remedies. This impacts all of our clients. This legislation introduces several key changes to the legal landscape, as outlined below:

1. Attorney Fees: HB 837 establishes a rebuttable presumption that the lodestar fee is sufficient and reasonable for attorney fees in most civil actions.
2. Statute of Limitations: The legislation reduces the statute of limitations for negligence actions.
3. Bad Faith Actions: It sets forth standards for bad faith actions and distribution of proceeds when two or more third-party claims arising from a single occurrence that exceeds policy limits.
4. Attorney Fees in Insurance Cases: The bill limits the applicability of provisions relating to attorney fees in certain actions against insurers.
5. Evidence for Medical Expenses: HB 837 provides standards for evidence to prove damages for medical expenses in specific civil actions and requires disclosures for claims involving treatment under letters of protection.
6. Fault Consideration: The legislation mandates the trier of fact to consider the fault of individuals who contribute to an injury.
7. Security Measures and Liability: Property owners or principal operators of multifamily residential properties implementing specified security measures are granted a presumption against liability for certain criminal acts occurring on the premises.
8. Trespasser Injuries: HB 837 revises provisions related to immunity from liability for injuries to trespassers on real property.
9. Offers of Judgment and Demands for Judgment: The bill clarifies the applicability of provisions relating to offering of judgment and demand for judgment.

The legislation is fast-tracked to become effective upon being signed into law. For further information on HB 837, you can access the full text of the bill here.

We have had several clients ask if we can fast track their E-Filings to dodge the bullet, and have their cases in the queue before this law takes effect.

We want you to know that our E-File system is available to everyone, even if you are not currently a Process Of Service Client of ours.

Here’s the specifics regarding E-Filing and 360Legal.

• Our understanding is that attorneys need to file their existing cases before the Governor signs HB 837 into law, so they are subject to the existing limits vs. the new ones.

• 360Legal can handle large volumes of E-Filing because of our automated e-filer. Our E-Filing software is 1005 proprietary to 360Legal, and 100% built, developed, and deployed within the US. No Offshore or Nearshore issues will ever surface when it comes to working with 360Legal.

• We can handle large volumes of services, well because we are awesome – its what we do. Client portal, easy service submission request. Etc…

• Unfortunately E-Filing creates a big cash flow problem for the attorneys. Filing 2,000 cases @ $400 each = $800K. AND on top of that process are service costs at $65 each. We can stagger out the service as necessary and also file any supplemental pleadings – like a request for an extension of time – we know most law firms won’t fight all 200, 500, or 2,000+ cases at once – they don’t have enough manpower. 360Legal can work with the firm to manage it… We do it all the time.

• You need a partner with the Technology and the Client First customer service to help you navigate this — small mom and pops and big shops like ABC aren’t set up to handle this special situation.

We hope that we can help you expedite some of your caseloads as Florida transitions to this new legal paradigm.