In 2023, Florida lawmakers passed House Bill 837, a sweeping tort reform package that has significantly altered the landscape of personal injury law in the state. While many provisions in the bill drew attention from both supporters and critics, few changes have been as impactful as Florida’s shift from a “pure” to a “modified” comparative negligence system.
For victims injured in car accidents or other incidents involving negligence, recent changes in Florida law could dramatically impact their right to recover compensation.
The shift from a pure to a modified comparative negligence system, along with a shortened statute of limitations, raises the bar for pursuing claims against at-fault parties. These developments make it more important than ever to understand how the law applies, especially for those whose injuries fall outside Florida’s no-fault insurance system
Florida’s No-Fault System Remains — But Only Covers So Much
Florida continues to operate under a no-fault auto insurance system, which means that after a car crash, your own Personal Injury Protection (PIP) insurance covers your medical expenses and lost wages up to $10,000, regardless of who was at fault. This PIP system was designed to reduce litigation for minor injuries and speed up access to medical care.
However, when injuries are serious, such as permanent disability, significant scarring, or wrongful death, Florida law allows victims to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver or another responsible party. This is where the changes under HB 837 come into play.
From Pure to Modified Comparative Negligence: What’s Changed?
One of the most significant changes under HB 837 involves how fault is assessed in personal injury cases. Florida replaced its longstanding pure comparative negligence system with a modified version that limits an injured party’s ability to recover compensation based on their share of fault:
- Under the previous system (pure comparative negligence): Injury victims could recover compensation even if they were 99% at fault. Their financial recovery was simply reduced in proportion to their level of responsibility.
- Under the current system (modified comparative negligence): Victims who are found to be more than 50% at fault for their own injuries are now barred from recovering any damages. Those found 50% or less at fault may still recover compensation, reduced by their share of fault.
This change dramatically increases the stakes in determining fault percentages, particularly in serious injury claims that fall outside Florida’s no-fault system.
Why It Matters for Injury Victims
The new fault threshold raises the stakes in virtually every case where fault is contested. Insurance companies are now more likely to argue that injured claimants bear a majority of responsibility to avoid liability altogether.
For victims, this means:
- Your percentage of fault is now more than just a factor. It can be the difference between compensation and nothing.
- Meticulous investigation and evidence collection are now essential to establish fault properly and avoid being unfairly blamed.
- Early legal representation is more important than ever to ensure that your version of events is fully documented and backed by persuasive proof.
The Statute of Limitations Has Been Cut in Half
Another major change under HB 837 is the shortening of the statute of limitations for general negligence claims, including most personal injury lawsuits arising from accidents.
- Previous rule: 4 years from the date of injury to file a lawsuit.
- New rule: 2 years from the date of injury for causes of action accruing after March 24, 2023.
This change dramatically compresses the window for injury victims to:
- Investigate the facts of the accident,
- Receive and document medical treatment,
- Attempt a pre-suit resolution, and
- File a formal complaint in court.
Victims who wait too long may lose their right to pursue any compensation, regardless of the merits of their claim.
HB 837’s Broader Impact on Civil Claims
HB 837 made additional changes that have shifted the balance of civil litigation in Florida. Among its key provisions:
- Limits on attorney’s fees: Courts now presume that “lodestar” attorney’s fees are reasonable, a calculation based on hours worked and a reasonable rate, making it harder for plaintiffs to recover fee enhancements.
- Changes to bad faith claims: Insurers now have new protections that limit bad faith liability and require claimants to act in good faith during the claims process.
- New rules for proving medical damages: Juries will now only hear evidence of what was actually paid (or will be paid) for medical care, not the full amount billed. Letters of protection, if used for treatment, must be disclosed.
- Presumptions in negligent security cases: In certain premises liability claims involving criminal conduct, property owners who meet specific security standards may be shielded from liability.
These reforms, while marketed as efforts to reduce frivolous lawsuits and control insurance costs, also have the effect, as seen in many past “tort reform” efforts, of limiting access to justice for victims and tilting the field in favor of insurers and corporate defendants.
The Consequences for Real People
While much of the public debate around HB 837 focused on politics and policy, the people most affected are injury victims, everyday Floridians whose lives are turned upside down by serious accidents.
- A pedestrian hit by a distracted driver now must worry about whether the insurance company will claim they “should’ve been more careful” and try to pin 51% of the blame on them.
- A seriously injured motorist now has only two years to act, instead of four, or risk losing their rights entirely.
- Claimants must now contend with stricter evidence rules and increased insurance resistance at every step of the process.
How The Florida Law Group Can Help
At The Florida Law Group, we have over 100 collective years of experience representing injured victims across the state, and we’ve seen how legal changes like HB 837 can make an already difficult situation even more complicated.
Our attorneys understand the nuances of Florida’s evolving negligence laws, and are equipped to take immediate action on your behalf. From conducting a thorough accident investigation to countering unfair blame tactics, we work to protect your rights and maximize your recovery.
With the new 50% bar in place and the statute of limitations cut in half, delay is dangerous. If you or a loved one has been injured in an accident and are unsure of your options, we encourage you to act quickly.
The Florida Law Group proudly serves clients across the state. Call (833) 899-0310 or contact us online for a free consultation.