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Florida Tort Reform Passes, Plaintiffs' Firms Panic - Lewis Brisbois' Attorneys in Firm's Three Florida Offices Stand Ready for Flood of Lawsuits and Time Limit Demands

Ft. Lauderdale/Miami/Tampa, Fla. (April 7, 2023) - On Friday, March 24, Florida Governor Ron Desantis signed HB 837 into law, enacting sweeping tort reform in the Sunshine State. Substantial changes include: a new modified comparative negligence rule that disallows a plaintiff’s recovery if the jury allots him/her 51%  or more at fault; elimination of the one-way attorney fee provision against insurers; an amendment to state's bad faith statute that mere negligence alone is insufficient to constitute bad faith; a decrease of the statute of limitations for personal injury actions from four years to two, and; limiting a plaintiff’s ability to “blackboard” actual medical expenses only.

As a result of the impending passage of this law, tens of thousands of cases were filed in Florida courts, as the Plaintiffs’ Bar raced to get cases filed before the law was enacted. The statute only applies to lawsuits filed and time limit demands sent after March 24.

With this flood of filings, we expect the Florida courts to address the coming wave of litigation with a systemwide order similar to those issued during the pandemic. In the meantime, Lewis Brisbois' experienced attorneys in our three Florida offices - Fort Lauderdale, Miami, and Tampa - stand ready to assist clients with the impending inundation of lawsuits and time limit demands.

For more information on this new law and how Lewis Brisbois can assist, contact the attorneys listed below. Click on the office names above to learn more about each location. Visit our National Trial Practice page to learn more about our trial capabilities.

Fort Lauderdale Office

Michael G. Platner
Bradley S. Fischer

Miami Office

Todd R. Ehrenreich
Seth Alhadeff

Tampa Office

Jason D. Hall
John A. Rine

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