The two bills, Senate Bill 1474, proposed by republican Senator Garrett Richter of Naples serving Florida District 23, and House Bill 1271 proposed by Republican Representative Jay Fant serving Florida District 15, sought to severely limit the amount of damages an injured party can be awarded in a personal injury case.
Both SB 1474 and HB 1271 similarly attempted to limit personal injury compensation amounts to the amount paid to the medical provider under the medical providers original bill. Both SB 1474 and HB 1271 had additions that explicitly stated any amount that differs from the amount remitted to the provider would not be recoverable in a personal injury case. Additionally, both bills included sections on injured parties who were insured by either Medicare or Medicaid further restricting the amount that can be awarded by a jury to an injured claimant in a personal injury law suit.
However, HB 1271 went beyond just severely limiting the amount of damages that may be awarded to an injured claimant by attempting make inadmissible any individual contract between a medical service provider and licensed insurance provider. This would have the effect of making it more difficult for plaintiffs attorneys to prove liability or bring to light other pertinent information vital to a personal injury claim.
Attorney Bernard F. Walsh, Florida Justice Association Board Member and Founder of the Manasota Trial Lawyers Board had this comment on the recent legislative session, "If HB 1271 or SB 1474 had managed to pass, it would have been a devastating blow to the rights of Florida's citizens. As a personal injury attorney I have witnessed first hand how serious injuries from accidents have life changing effects on the injured and their families. Under these bills, it would be completely unrealistic to assume that someone who has suffered multiple serious injuries such as TBI, spinal cord injury, or other trauma, would be adequately compensated for their injuries, never mind the loss of income, pain and suffering, and overall reduction in the victims quality of life. Thanks to the FJA's tireless efforts, no legislation has passed that significantly hurt the consumer and accident victims in Florida. I am looking forward to working with the FJA on the next legislative session."
About Attorney Bernard F. Walsh:
A highly experienced AV rated attorney and founder of the Manasota Trial Lawyers Board, Bernard Walsh is an active member in multiple legal organizations including the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA), the Multi-Million Dollar Advocates Forum, the Florida Justice Association, the National Trial Lawyers Association and the National Association of Distinguished Counsel.
Bernard Walsh is an active member of the Manatee and Sarasota Sheriff's Advisory Boards, the Florida Highway Patrol Advisory Council and the One Hundred Club for Law Enforcement in Manatee.
Partner at the Personal Injury and Civil Trial Law firm of Shapiro, Goldman, Babboni and Walsh, Bernard Walsh has helped hundreds of Floridians get fair compensation for injuries. Additionally, Bernard Walsh has won one of Florida's largest motorcycle accident recoveries and has an AV Preeminent® rating on Martindale-Hubbel®, a doctors and attorneys ratings website and is a Superb rated attorney with Avvo.com.
Shapiro Goldman Babboni & Walsh
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More information: http://www.GetMejustice.com/.
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