Josh Hammer, Opinion Editor at Newsweek, said that Florida has set a positive example by pursuing tort reform instead of litigation practices he described as harmful. The statement was made on X.
"For far too long, predatory litigation and "billboard lawyer" culture have harmed Americans' real quality of life," said Hammer. "Florida has chosen a different tort reform course—and in this, as in other ways, our state has led by example."
Florida enacted significant tort reform in March 2023 with House Bill 837 (HB 837). This legislation shortened the statute of limitations for negligence from four years to two, shifted to a modified comparative negligence standard, and revised rules on bad-faith insurance claims and attorney fees. The bill also limited evidence of medical damages and provided new liability protections to property owners. As reported by the Florida Bar News, the law triggered a record surge of 280,122 lawsuits filed in March 2023 alone, as attorneys rushed to beat the deadline. According to the Florida Senate’s bill summary, these measures significantly altered litigation practices in the state.
According to the Florida Office of the State Courts Administrator, negligence filings in circuit civil courts dropped sharply after HB 837 took effect. In fiscal year (FY) 2022–23, there were 133,454 new negligence cases filed; however, in FY 2023–24, that number fell to 41,983—a decline of 68.5%. This dramatic decrease reflects both the March 2023 filing surge and the chilling effect of the new law on case initiation. The state judiciary’s Statistical Reference Guide confirms this steep drop in personal injury and negligence lawsuits following reform.
A report by the U.S. Chamber Institute for Legal Reform shows that before HB 837, Florida had some of the nation’s highest tort costs, amounting to 3.35% of GDP and $5,768 per household in 2022. This ranked second only to Delaware by GDP share while New York led in household cost at $7,027. By comparison, West Virginia’s per-household tort costs were just $2,132. The report notes Florida’s reforms arrived too recently to be reflected in these data but positioned the state for future change.
Hammer is a conservative commentator and lawyer who became Newsweek’s opinion editor in 2020 and now serves as senior editor-at-large while hosting "The Josh Hammer Show." According to Axios, he previously practiced law at Kirkland & Ellis and clerked for Judge James C. Ho on the U.S. Court of Appeals for the Fifth Circuit. He earned his J.D. from the University of Chicago Law School and his B.S. from Duke University.
Newsweek is an American media organization founded in 1933 in New York City that publishes news and analysis on U.S. politics, world affairs, business, technology, and culture. Its mission statement highlights a commitment to factual journalism that engages readers across the political spectrum.