Legal Articles

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California SB 447 and MICRA Reform: Navigating the New Damages Framework in Personal Injury Cases

California's 2021 SB 447 restored prejudgment interest on personal injury and wrongful death damages, while the 2022 MICRA reform raised the non-economic damages cap in medical malpractice cases for the first time since 1975. Together, these changes have meaningfully shifted settlement dynamics and trial valuations in California tort litigation. Plaintiffs' and defense counsel alike must understand how the two reforms interact — and where they still conflict.

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Florida SB 236 Tort Reform 2023: Modified Comparative Fault, Attorney Fees, and What Changed

Florida HB 837 (signed as SB 236's companion in March 2023) was the most sweeping tort reform Florida had seen in decades — shifting from pure comparative negligence to modified comparative fault with a 51% bar, dramatically changing bad faith standards, and restructuring attorney fee awards in personal injury cases. For Florida personal injury attorneys and their clients, understanding the full scope of these changes is essential to evaluating case viability and settlement dynamics.

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New York Grieving Families Act: Wrongful Death Damages Expansion and Its Current Legal Status

New York's Grieving Families Act would dramatically expand the categories of damages recoverable in wrongful death actions — adding grief, loss of love and companionship, and expanded eligible claimants — departing from the state's historically restrictive pecuniary loss standard. The legislation passed the legislature twice but has faced gubernatorial resistance and conditional vetoes. As of 2026, a compromise version is advancing, and personal injury attorneys must track exactly what the final bill will and will not cover.

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