Strengthening Florida’s Civil Justice System: Lawmakers Should Build on a Decade of Progress
The American Tort Reform Association listed South Florida, which many view as the most litigious area of the state, as a Judicial Hellholes for nearly a decade. The good news is that the Sunshine State is making significant progress addressing this situation, making the state more welcoming for businesses. Yet, some areas of Florida law remain totally out of the mainstream, such as its lax standard for admission of expert testimony. Damages in Florida can be excessive, especially when jurors must base their awards on billed rates for medical expenses that greatly exceed the amount the patient, or an insurer, actually paid. Other laws unfairly impose liability, such as a “bad faith” law that punishes insurers even when they act in good faith. There is unfair pressure to settle baseless claims. The result is the Floridians pay more for insurance.