Tom Gaitens
October 6–11 marks Lawsuit Abuse Awareness Week, and here in Florida, there’s no better time to shine a light on the cost of frivolous litigation and its impact on our families, businesses, and state economy.
According to a recent report by The Perryman Group, lawsuit abuse causes Florida to lose more than $15 billion in economic output. Florida consistently ranks near the top nationally in lawsuits per capita. And on top of that, “nuclear verdicts”—massive jury awards that exceed actual economic losses and reasonable compensation—devastate local businesses, drive up costs for families, and stifle job growth.
As a result of frivolous lawsuits, every Floridian pays the price through what has become known as the “tort tax.” Last year, this hidden tax exceeded $1,200 per resident. That is money out of the pockets of Florida families and into the pockets of trial lawyers. In Florida, lawsuit abuse has an especially heavy history. For years, runaway lawsuits and jackpot verdicts pushed the state into the American Tort Reform Foundation's (ATRF) notorious “Judicial Hellhole” rankings.
The narrative has changed, thanks to the hard work and leadership of former Speaker Paul Renner and Gov. Ron DeSantis. In 2023, the legislature passed, and Gov. DeSantis signed into law landmark tort reforms, finally standing up to the trial bar. These reforms helped curb frivolous litigation, and the results speak for themselves. Since their implementation, Florida homeowners are seeing their insurance rates decrease and auto insurance markets are beginning to stabilize. That is no coincidence. Thanks to meaningful legal reforms, Florida has exited ATRF’s “Judicial Hellhole” status and has even been recognized as a “Point of Light” in recent rankings, highlighting the state’s real progress in restoring balance to its civil justice system.
But the fight isn’t over yet. During the most recent legislative session, the trial lobby launched an aggressive campaign to weaken these reforms. Their efforts fell short this time, but they are not giving up. Florida’s families and entrepreneurs cannot afford to move backwards.
The lesson of Lawsuit Abuse Awareness Week is simple: we must prioritize the interests of Floridians over the interests of the profit-seeking trial lawyers. Tort reform is not about protecting corporations but protecting every citizen from the economic damage caused by civil justice abuse.
Florida has proven that reform works. Now other states can follow our lead. To keep protecting the hardworking small business owners and the future of our state’s economy, we must stand strong, defend the reforms we have, and continue building a legal system that works for the people - not against them.
Tom Gaitens is executive director of Florida Citizens Against Lawsuit Abuse (FL CALA)
