In 2023, Florida witnessed a decrease in the number of "nuclear verdicts," or jury verdicts exceeding $10 million, as a result of tort reform measures aimed at curbing legal system abuse. This was reported by Marathon Strategies on May 3.
From 2009 to 2022, Florida had the second-highest total of nuclear verdicts among all states in the country. However, according to the report, it fell to seventh place in 2023 due to a comprehensive tort reform package signed into law by Gov. Ron DeSantis. The reforms included changes to Florida’s comparative negligence system, removal of attorney’s fee multipliers, standardization of jury calculations for damages in personal injury and wrongful death cases, and an alteration of the statute of limitations for general negligence cases from four years to two years.
Despite these reforms, Tom Gaitens, executive director of the Florida chapter of the nonprofit Citizens Against Lawsuit Abuse, authored an opinion stating that "trial lobby abuses" continue to harm Florida's economy and taxpayers. Gaitens said that trial attorneys who file "frivolous" lawsuits have driven up rates in Florida's insurance markets. These lawsuits congest Florida's court system, delay justice in legitimate cases and cost local and state governments money. According to Gaitens, these costs are ultimately borne by Florida's taxpayers who pay a "tort tax" amounting to $1,056 each year. He urged lawmakers to address lawsuit abuse with the aim of protecting Floridians.
A report from the Insurance Journal stated that nuclear verdicts are negatively affecting insurance markets in various ways. One significant impact is the pressure on the availability and affordability of insurance coverage. As jury awards increase in size—particularly in cases involving trucking, pharmaceuticals and product liability—insurers face more challenges underwriting these risks without increasing premiums or reducing coverage limits.
Marathon Strategies is an independent research and communications firm, as per the company's website. The team at Marathon includes data analysts, researchers, and attorneys. Phil Singer established the firm in 2008 after over two decades of experience in corporate and political communications.