Unintended Consequences?

As most of us that litigate know, we had major tort reform that went in effect on March 24, 2023. Part of this so-called “new law” is that the four-year statute of limitations for torts in Florida was reduced to two years. The reality for a plaintiff’s lawyer is given potential problems with service and so forth, it is always prudent to file suit several months before the running of any statute of limitations. This inherently means that a case must be put together and finalized in approximately 20 months from the date of the accident. While this may sound like a long time for many, I am acutely aware that many cases drag out, especially when there are surgical recommendations from treating physicians. As one might guess, many plaintiffs are reticent to jump right into surgery and often kick the can down the road for three or four years before opting for a spinal fusion. This means that a lawsuit will have to be initiated before a plaintiff is at MMI.

As some of you may be aware, as of January 1, 2025, our state court system will pretty much mirror the federal court system with mandatory discovery cutoff dates, pre-trial orders, and trial dates assigned soon after a lawsuit is commenced. The language of the new rules directs trial judges to be stringent in granting continuances or extensions. As any trial lawyer knows, cases that are pre-surgery are worth a fraction of post-surgical cases. Again, I have had many clients end up in surgery three or four years following an accident after exhausting all conservative measures, from chiropractic to physical therapy to pain management. Now with the combination of a shortened statute of limitations and expedited trial dates, plaintiffs may be forced to go to trial well before they are at MMI.