On March 24, 2023, Florida Gov. Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform measures that changed the landscape of Florida civil litigation. As it relates to personal injury actions, the purpose of the bill was to decrease frivolous lawsuits, and end abuses that are often associated with them. Notably, it modified bad faith law, reduced the statute of limitations, adapted contributory negligence, and provided additional standards to help juries calculate the true value of medical damages in lawsuits where medial damages can be awarded. While the bill has been applauded by many, it also has its fair share of opponents.

It was originally presumed that the legislative intent of the bill would apply only to causes of action that accrue or are filed after the effective date—March 24, 2023. Based on the anticipation of this monumental change, plaintiffs firms filed thousands and thousands of personal injury lawsuits in an extremely short amount of time prior to the effective date of the bill. As an unintended consequence, the Florida court systems were overwhelmed with new cases. The old system was not designed for the influx of such numbers. This influx created problems almost immediately, as plaintiffs attorneys filed incomplete or inaccurate complaints, and defense attorneys struggled to juggle the influx of new cases. Insurers were overwhelmed with premature suits, many of which would have been resolved pre-suit.