CS for CS for SB 236 - Civil Remedies

• Creates strong presumption that lodestar attorney fees are sufficient and reasonable in civil actions, rebuttable only in rare and exceptional circumstances where competent counsel cannot otherwise be retained.

• Reduces statute of limitations for negligence actions from 4 years to 2 years, while maintaining longer periods for medical and professional malpractice claims.

• Establishes presumption against liability for multifamily residential property owners who substantially implement specified security measures (cameras, lighting, locks, crime prevention assessment, and employee training).

• Restricts bad faith liability in insurance claims by providing safe harbor if insurer tenders policy limits or demanded amount within 90 days of claim notice with sufficient evidence, and allows prorated distribution of policy limits among competing third-party claimants.

• Limits recoverable medical damages in personal injury actions to actual amounts paid, contracted insurance rates, or Medicare/Medicaid-based rates (120% Medicare or 170% Medicaid); requires disclosure of letters of protection and factoring arrangements.

• Bars recovery by negligent parties found greater than 50 percent at fault, except in medical malpractice cases governed by chapter 766.