It’s Not All Political…Or Is It? How Today’s Politics Impact Tomorrow’s Lawsuit

Here at Kurzban, Kurzban, Tetzeli & Pratt, P.A., clients come to us at some of the worst points in their lives: they’ve lost a loved one to medical negligence, been devastatingly injured at the hands of a careless actor, or a member of their family has had their constitutional rights violated.

When our team investigates a potential medical malpractice, wrongful death or personal injury case, the first question we must ask ourselves is if we can even pursue a claim for that client’s damages in a court of law in Florida. Because whatever the individual case may be, many of the procedural hurdles (or altogether, barriers) that our clients face come from the Florida Legislature.

Every year, the regular legislative session in Florida starts on the first Tuesday after the first Monday in March for a period of no more than 60 days. During session, legislators in both the House of Representatives and the Senate hear proposed bills to be signed into law. If passed favorably through both chambers and not vetoed by the Governor, a piece of proposed legislation becomes law.

Year after year and with increasing number, the Florida Legislature reviews various bills from industry lobbyists designed to protect the profit margins of corporations at the expense of Floridians’ access to courts, a process known as “Tort Reform”.

This has occurred every legislative session since at least the 1970s, with the most recent successful wave of Tort Reform in Florida’s history taking place in 2023 via House Bill 837. Through House Bill 837, the Florida Legislature once again demonstrated its deference to the insurance industry, perhaps notably in shifting the burden of good faith claims investigations off of insurance companies and onto individual policy holders in an already imbalanced system.

In 2025, Floridians received the first glimmer of hope that the scales of justice would begin tipping in their favor when repeal of Florida’s Free Kill law – the only law of its kind in the United States of America – passed by overwhelming majority in both the House and Senate. For the first time in a long time, it felt like the legislative process was working in favor of Floridians.

However, Governor Ron DeSantis – a long-time champion of Tort Reform in Florida – vetoed the repeal, allowing Florida’s Free Kill Law to remain a stain on its legal landscape.

Now, the 2026 Legislative Session is underway in Florida. Once again, Floridians will be caught in the Tort Reform crosshairs as our Legislature grapples with countless proposed bills. Some notable ones to watch this session include:

1. HB 6003 Free Kill Repeal: Once again, Floridians are rallying to repeal its Free Kill Law. Though widely supported by the public, it is anticipated that if passed, it will ultimately be vetoed by Ron DeSantis.
2. HB 145 Suits Against the Government: Currently, if someone is injured or killed by the actions of a government employee or agent, the recovery is limited to $200,000 per person and $300,000 per incident. For example, if a mother and child die during childbirth at a government run hospital due to medical negligence in Florida, the maximum amount that can be recovered by that mother’s spouse would be $300,000. This bill seeks to increase Florida’s sovereign immunity limits to $500,000 per person and $1 million per incident between October 1, 2026, and October 1, 2031, then $600,000 per person, $1.2 million per incident for causes of action arising on or after October 1, 2031.
3. HB 1553 Evidence of Medical Damages: This bill attempts to provide clarity to the medical damages section of HB 837 (2023) by allowing evidence that is admissible to demonstrate past and future medical expenses in personal injury and wrongful death cases.
4. SB 522 Mandatory Bodily Injury Coverage: This bill would repeal Florida’s Motor Vehicle No-Fault law and place Florida in line with 48 other states and require mandatory bodily injury coverage.
5. HB 527/SB 202 AI in Insurance Claims/Human Review of Denials: This bill would limit an insurance company’s use of artificial intelligence (AI) in its claims review and denial process.
6. SB 1506 Civil Litigation Damages: This bill allows a judge override the role of a jury by adding factors for a judge to consider when determining whether the amount awarded by a jury for noneconomic damages is appropriate.

While the legislative methods may change, the goal never does: each legislative session in Florida is a David versus Goliath tale in which industry actors lobby to slowly chip away at the rights of Floridians’ access to courts, accountability, and safety. The motivation? Profits.

It’s not profitable for injured victims to have their day in court. It’s not profitable for companies to make the goods they’re producing and marketing to consumers as safe as possible. It’s not profitable for the private equity health care companies that run Florida’s hospitals to employ healthcare practitioners and provide them with health and liability insurance coverage.

For us at Kurzban, Kurzban, Tetzeli & Pratt, the fight is for people instead of profits.