Florida’s New 2023 Tort Reform Law: Who Stands to Benefit?

Florida Governor Ron DeSantis recently signed into law a sweeping tort reform bill that makes significant changes to the state’s civil justice system. The legislation aims to reduce the number of frivolous lawsuits and limit the amount of damages that can be awarded to plaintiffs. While proponents of tort reform argue that it will reduce the burden on the court system and lower insurance costs for businesses, opponents contend that it will make it harder for injured parties to seek justice and limit their ability to receive fair compensation for damages. In this article, we’ll take a closer look at what tort reform is, why it matters, and who stands to gain and lose from the recent legislation.

What is Tort Reform?

Tort reform refers to changes in the civil justice system that aim to limit the amount of damages that can be awarded to plaintiffs in lawsuits. Specifically, tort reform often targets personal injury cases and medical malpractice lawsuits, which have been blamed for driving up healthcare costs and insurance premiums. Tort reform can take many different forms, but common measures include:

• Caps on damages: This limits the amount of money that can be awarded for things like pain and suffering, emotional distress, and punitive damages.

• Restrictions on lawsuits: This can include things like requiring plaintiffs to file claims within a certain timeframe or limiting the types of damages that can be awarded.

• Changes to the legal process: This can include things like requiring mandatory arbitration or limiting the ability of plaintiffs to file class-action lawsuits.

Why Does Tort Reform Matter?

Tort reform is a controversial issue that has been debated for decades. Supporters of tort reform argue that it is necessary to reduce the burden on the court system and limit the amount of money that plaintiffs can receive in damages. They contend that high damage awards and frivolous lawsuits drive up insurance premiums for businesses, making it harder for them to operate and compete in the marketplace. Additionally, proponents argue that tort reform can help improve the quality of healthcare by reducing the number of defensive medicine practices, where doctors order unnecessary tests and procedures to avoid being sued.

Opponents of tort reform, on the other hand, argue that it limits access to justice for injured parties and reduces their ability to receive fair compensation for damages. They argue that damage caps and other restrictions disproportionately affect the most vulnerable members of society, who may not have the resources to pursue litigation. Additionally, they contend that tort reform reduces accountability for corporations and medical professionals, making it easier for them to engage in negligent behavior without consequences.

Why Was Tort Reform Legislation Undertaken in Florida?

Florida has a long history of tort reform legislation, with multiple bills introduced and debated over the years. The most recent legislation, signed into law by Governor DeSantis in March 2023, includes a number of provisions aimed at limiting the amount of damages that can be awarded in personal injury cases and medical malpractice lawsuits. Some of the key provisions of the bill include:

• Caps on non-economic damages: In personal injury cases, non-economic damages (such as pain and suffering) are capped at $500,000, with exceptions for cases involving catastrophic injuries, such as paralysis or severe brain damage.

• Limits on punitive damages: Punitive damages, which are awarded to punish defendants for particularly egregious behavior, are capped at three times the amount of compensatory damages or $2 million, whichever is greater.

• Changes to expert witness testimony: The bill changes the rules for expert witnesses, requiring them to be licensed in the same field as the defendant and limiting their testimony to matters directly related to the case.

• Restrictions on contingency fees: Attorneys are now limited in the percentage of damages they can collect in contingency fees, with a sliding scale based on the amount of damages awarded.

• Modified comparative negligence: Under the old law, plaintiffs could recover damages even if they were partially at fault for their own injuries. However, the amount of damages that they could recover was reduced by their percentage of fault. For example, if a plaintiff was 60% at fault for their injuries, they would only be able to recover 40% of their damages.The new law changes this by eliminating the possibility of recovering any damages if the plaintiff is more than 50% at fault for their own injuries. This means that if a plaintiff is 60% at fault for their injuries, they will not be able to recover any damages.The purpose of this change is to deter plaintiffs from filing frivolous lawsuits and to encourage them to take more responsibility for their own safety.

• Statute of limitations: The statute of limitations is the time period within which a lawsuit must be filed. The old law allowed plaintiffs to file personal injury lawsuits within four years of the date of their injury. However, the new law shortens this period to two years.This change is intended to discourage plaintiffs from waiting too long to file lawsuits and to make it easier for defendants to defend themselves against claims. •

Proponents of the bill argue that these provisions will help reduce the number of frivolous lawsuits and limit the amount of damages that can be awarded, ultimately lowering insurance costs for businesses and healthcare providers. They also argue that the changes to expert witness testimony will help ensure that only qualified experts are providing testimony, improving the quality of evidence presented in court.

However, opponents of the bill argue that the caps on damages and restrictions on contingency fees limit access to justice for injured parties and reduce their ability to receive fair compensation for damages. They also argue that the changes to expert witness testimony could make it harder for plaintiffs to find qualified experts to testify on their behalf.

Who Are the Beneficiaries of Tort Reform Legislation in Florida?

The beneficiaries of tort reform legislation in Florida are primarily businesses and healthcare providers, who will see lower insurance costs as a result of the reduced number of lawsuits and limits on damages. Supporters of the bill argue that this will make it easier for businesses to operate and compete in the marketplace, ultimately benefiting consumers as well.

Additionally, some argue that tort reform will help improve the quality of healthcare by reducing the number of defensive medicine practices, where doctors order unnecessary tests and procedures to avoid being sued. By limiting the amount of damages that can be awarded in medical malpractice lawsuits, healthcare providers may be less likely to engage in defensive medicine practices, ultimately improving patient outcomes.

Who Will Be Hurt by Tort Reform Legislation in Florida?

The groups that will be hurt the most by tort reform legislation are injured parties and their attorneys, who will face increased barriers to seeking justice and receiving fair compensation for damages. Opponents of the bill argue that the caps on damages and restrictions on contingency fees will limit access to justice for injured parties, particularly those who are most vulnerable and may not have the resources to pursue litigation.

Additionally, the changes to expert witness testimony may make it harder for plaintiffs to find qualified experts to testify on their behalf, further limiting their ability to present a strong case in court. Critics of tort reform argue that these provisions ultimately reduce accountability for corporations and healthcare providers, allowing them to engage in negligent behavior without fear of consequences.

Closing Thoughts On Tort Reform Legislation in 2023

Tort reform is a contentious issue that has been debated for decades, with supporters and opponents arguing over its potential benefits and drawbacks. While supporters of tort reform argue that it will reduce the burden on the court system and lower insurance costs for businesses and healthcare providers, opponents contend that it will limit access to justice for injured parties and reduce their ability to receive fair compensation for damages.

The recent tort reform legislation signed into law by Governor DeSantis in Florida includes a number of provisions aimed at limiting the amount of damages that can be awarded in personal injury cases and medical malpractice lawsuits. While these provisions are expected to benefit businesses and healthcare providers, they may ultimately hurt injured parties and their attorneys, who will face increased barriers to seeking justice and receiving fair compensation for damages. As with any controversial issue, the long-term impacts of tort reform in Florida remain to be seen.