As Executive Director of Florida CALA, I was disheartened — but not surprised — to read the recent American Tort Reform Association report, “Sanctionable,” spotlighting the mounting toll of systemic lawsuit abuse in America’s civil courts. What’s happening across the country is deeply relevant for Floridians, because the same patterns of excess, exploitation, and inflated litigation have already imposed a real economic burden on our state.
ATRA’s research makes it clear: unchecked fraudulent litigation is not just a theoretical risk. It “drives up costs for all Americans and undermines trust in justice.” In Florida, that erosion of trust and continued economic uncertainty hit home long ago. Florida’s overly litigious climate leaves its residents paying what’s known as the “tort tax”, which affects our businesses and our hard-working communities.
Our own state-level data show how lawsuit abuse has translated into a quietly draining burden. As Florida CALA documented earlier this year, excessive litigation still imposes an average “tort tax” of $1,238 per person — nearly $5,000 for a family of four. That is not a minor cost; it is money that could instead go towards housing, education, or job creation.
When fraudulent or inflated claims proliferate, the impact reaches far beyond corporations. Small businesses, health care providers, and working families all absorb the fallout. Every settlement or jury award driven by exaggerated or manufactured claims pushes up insurance premiums, raises consumer prices, and chills economic growth.
Fortunately, we have made important strides here in Florida. In 2023, our legislature passed landmark reforms that helped rebalance our civil justice system. These changes introduced greater transparency around damages, curtailed abusive assignment-of-benefits practices, and established guardrails to prevent inflated medical billing — all critical steps toward reducing frivolous litigation.
A recent report by the Consumer Choice Center notes that these reforms have reduced frivolous litigation, stabilized insurance costs, and decreased civil filings. For Floridians, affordability is impacting us in ways that demand real, lasting solutions, and lawmakers must continue the momentum to ensure our civil justice system supports, not undermines, families and businesses.
About the author: Tom Gaitens, Executive Director of Florida Citizens Against Lawsuit Abuse
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