Transparency in Tort Reform

In The News | March 18, 2023

This letter-to-the-editor was originally published by the Tampa Bay Times in response to their March 13, 2023 article “Florida lawmakers want to help insurance companies by limiting lawsuits.“ The “tort […]

The “tort tax” mentioned within the article is $812.52 per Florida resident each year, as calculated by the Perryman Group. Without the reforms referenced, this cost will only increase for hardworking Floridians as businesses close shop due to the state’s unsustainable and inhospitable legal environment.

And while the American Tort Reform Foundation removed the state of Florida as a whole from its “judicial hellholes” rankings, the state Legislature remains on the report’s Watch List due to their lack of action on critical legal reforms.

HB 837 and SB 236 are two such efforts addressing transparency in damages presented in civil trials. Inflated medical damages are a main culprit to growing litigation costs in Florida and allowing inflated billed amounts in jury trials significantly increases the overall cost of the civil justice system.

The article further mentions the profits, advertising and campaign contributions made by companies to legislators, but fails to mention the profits, advertising or campaign contributions made by trial lawyers who continue to profit and benefit from the current legal system. Florida trial lawyers routinely outspend on legal services advertising when compared with other states. It’s no wonder they’re fighting tooth and nail to keep the status quo in place.

Several states have already passed legislation addressing transparency in damages. This helps ensure lawsuit recoveries for health care expenses are justified and aren’t just padding the pockets of greedy trial attorneys — and it’s time for Florida to do the same.

Tiger Joyce, Washington, D.C.

The author is president of the American Tort Reform Association.