The Florida Legislature passed a law that profoundly changed the rights of personal injury victims across the state. The Florida Legislature passed a sweeping tort reform bill (HB 837) in 2023. The Florida Senate passed the bill on March 23, 2023, and Gov. Ron DeSantis signed it into law on March 24, 2023, making it effective immediately.
The bill contains provisions that share the same goals: to make it harder to sue the parties responsible for your injuries and to reduce compensation for injured Floridians who do prevail. If you've been hurt in a car accident or other incident, understanding these Florida personal injury law changes is critical to protecting your rights. Among the key provisions:
- A reduction of the statute of limitations (the time you have to file suit) from four years after the injury occurred, such as the date of your car accident, to two. This shortened timeline means personal injury victims in Florida must act quickly to preserve their legal rights.
- A shift to a modified comparative fault standard in Florida that requires the plaintiff to be no more than 50 percent liable for their own injuries to recover any damages. Previously, Florida used a pure comparative fault standard, which means a defendant can be forced to pay for whatever percentage of liability they are found to have contributed to a plaintiff's injuries. Under the new law, if the jury finds that a plaintiff was 51 percent responsible and the defendant was 49 percent responsible, the plaintiff would get zero compensation, even if the other party was negligent.
- Elimination of Florida's broad 'one-way attorney fee' statutes (Sections 627.428 and 626.9373), which had allowed prevailing insureds to recover attorney fees in most insurance coverage disputes. Going forward, attorney fees are only available in narrow circumstances, such as declaratory relief actions after a total coverage denial. Attorney fees in actual bad faith actions under Section 624.155(7) were preserved and remain available.
- Significant changes to negligent security cases, such as when a hotel negligently allows someone with a weapon onto the premises and the armed person injures you as a result. These changes include requiring juries to apportion fault to the criminal actor, which can reduce a property owner's damages exposure, and creating a presumption against liability for compliant multifamily residential property owners.
Critics say these tort reform bills in Florida benefit insurance companies over injured Floridians. Supporters claim that victims and their attorneys "abuse" the system and get too much compensation.
Don't give up your right to compensation after an accident
Even with these changes to Florida personal injury law, you should not be afraid to consider litigation over a lowball insurance settlement offer. Working with an experienced car accident lawyer or personal injury attorney can help you understand how the modified comparative fault standard and shortened statute of limitations affect your case. Justice will still be possible for many injured people, but acting quickly and securing knowledgeable legal representation is now more important than ever.