What’s New in Florida Personal Injury Law (After HB 837): What You Need to Know

Florida’s personal injury landscape changed in a big way with the passage of House Bill 837 (effective 2023). These changes affect how injury victims make claims, how insurance companies defend them, and how attorneys pursue recovery. If you were injured in Florida, here are the major updates you should understand—so you don’t lose your rights or leave money on the table.

1. Shortened Statute of Limitations: Two Years Now

• Before HB 837, many negligence-based personal injury claims (like car accidents, slip & falls) had a four-year statute of limitations under Fla. Stat. § 95.11.

• HB 837 cuts that window to two years for most personal injury claims.

• Missing this deadline is fatal—if you don’t file your claim or suit within that period, you’re likely barred from recovery.

What to do: Don’t wait. Even if you’re still receiving medical care or don’t feel fully healed, start the claim process early and keep close track of deadlines.

2. Modified Comparative Negligence — 51% Bar Rule

• Florida’s old comparative negligence system allowed you to recover damages reduced by your percentage of fault (e.g. 30% fault = you recover 70%).

• Under HB 837, Florida now uses a modified comparative negligence rule: if you are 51% or more at fault, you cannot recover anything.

• The insurer or defense will aggressively try to assign you a higher fault percentage to knock out your claim.

What to do: Avoid admissions, vague statements, or inconsistencies. Preserve evidence (photos, witness statements, video) and work with professionals to counter unfair fault apportionment.

3. Caps & Restrictions on Damages and Attorney Fees

HB 837 introduced several limitations that can reduce what a successful claimant can recover:

• Non-economic damages cap: For many injury claims, there’s now a cap on pain & suffering, emotional distress, etc.

• Punitive damages cap: The law limits punitive awards (for especially egregious conduct) to the greater of $2 million or triple compensatory damages.

• Attorney’s fees changes: The reforms altered how attorney fees are calculated and in many instances reduced plaintiffs’ ability to recover full fees.

• Bad faith reform: The law imposes new hurdles for claiming insurance bad faith, giving insurers more opportunities to “cure” harmful conduct before a lawsuit.

What to do: Work with an attorney who understands and can navigate these caps, structure demand strategy accordingly, and aggressively preserve arguments for damages you’re entitled to.

4. Procedural / Discovery Changes

To speed up litigation and reduce “over-litigation,” HB 837 also changed civil procedure in personal injury cases:

• Mandatory initial disclosures: Parties must disclose certain documents early.

• Proportional discovery and supplementation duties: Discovery must be proportional to the case, and there’s an ongoing duty to supplement disclosures.

• Stricter continuance standards: Postponements won’t be granted lightly without good cause.

• Revised summary judgment timing: Deadlines tied to motion service date.

• Pre-motion conferral requirements: Before filing motions, parties often must try to resolve issues during a good-faith meet & confer.

What to do: Early and thorough case planning is essential. Don’t let discovery opportunities slip. Be proactive in preserving evidence and setting the tone early.

5. Common Defenses Are Sharpened

With HB 837, insurers are more incentivized and empowered to use stronger defenses. Some common tactics include:

• Claiming pre-existing conditions as the source of your injury

• Asserting exaggeration of injury or inadequate medical follow-up

• Trying to assign high comparative fault

• Disputing causation or severity

• Arguing statutory limitations or procedural noncompliance

What to do: Build a strong medical narrative, document every step, get expert opinions, and avoid inconsistencies or damaging statements.

6. Settlement vs. Trial: Still Few Cases Go to Trial

Even before HB 837, less than 5% of personal injury cases ever went to trial in Florida. The reforms make settlement even more essential—but when a fair resolution can’t be reached, you still need to be ready for litigation.

What to do: Demand wisely, but your legal team must preserve trial-ready evidence, expert support, and strategy so you don’t get backed into a corner with a lowball offer.

7. Key Tips to Protect Your Claim Under the New Law

1. Act quickly — the two-year limit gives you less breathing room.

2. Preserve everything — photos, phone data, medical records, video.

3. Avoid damaging statements — to insurers, on social media, or in casual conversation.

4. Follow medical treatment — don’t skip or delay doctors’ visits.

5. Insist on legal control — your attorney should handle all adjuster communications, recorded statements, etc.

6. Prepare for stronger defender tactics — don’t be surprised by more aggressive fault or coverage arguments.

   
   

Conclusion: The New Reality for Florida Injury Victims

HB 837 has reshaped the rules of personal injury litigation in Florida. What used to be standard (4-year window, flexible fault rules, more liberal damages) is now far more constrained. For victims, the margin for error is smaller than ever.

If you or a loved one were hurt in Florida due to someone else’s negligence, time is critical. You need a legal team that knows how to navigate the updated statutes, defend your fault percentage, and maximize your recovery within the new constraints.

Call Injury Claim Attorney, PLLC at 407-871-3777 (or email attorney@injuryclaimattorney.com) for a free evaluation of your case under the new rules.