The American Tort Reform Association designates the first week of October as Lawsuit Abuse Awareness Week each year. The purpose of the week is about “shining a light on the injustices plaguing our civil justice system” as “we highlight abuses and misuses of our courts and help us open a dialogue on why education surrounding lawsuit abuse is much needed.”
Floridians know all too well the cost of some lawsuit abuse due to the fact they are “paying” the highest average Homeowners Insurance Premiums in the nation, at an average of $6,000 per policy. But they may not be aware of all the ways frivolous lawsuits impact their everyday lives.
A recent study using data from USCourts.gov comparing the numbers of cases measured by population of 100,000 pointed to Floridians offering 1,237 percent more filings than the national average. Florida saw 127.41 cases filed in court compared to the national average of 9.53 per 100,000 residents.
Gov. Ron DeSantis and the Florida Legislature have proactively focused on closing loopholes, which motivated the excessive filings with two special sessions and HB 837 during the regular legislative session. However, the civil justice system will require significant time to dig out of this hole.
In the days before the Lawsuit Reform package was signed, more than 100,000 cases were filed with two general purposes. The first was to clog the system, so the impact of the proposed reforms was delayed long into the future. The second intent was to hopefully get their cases adjudicated under the old abuse-friendly system that has led to higher insurance rates and increased costs of goods and services, while producing record verdicts that padded the abusers’ pockets.
The costs of everything rise when those pricing goods and services have to include ever-rising insurance premiums into the cost of doing business. For example, a doctor has to order every medical test for fear of being sued. It is easier to err on the side of issuing the whole battery of tests instead of just the ones they deem necessary. Thanks to abusive lawsuits, Floridians are “paying” higher costs for everything from goods to healthcare.
The goal this week is to provide the necessary sunlight, which the legendary U.S. Supreme Court Justice Louis Brandeis called “the greatest disinfectant.”
Tom Gaitens is the executive director of Florida Citizens Against Lawsuit Abuse.
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