Florida HB 837 Tort Reform: How It Affects Your Personal Injury Case
Florida's HB 837 made sweeping changes to personal injury law in 2023 — shorter deadlines, new fault rules, and reduced damage awards. Here is what every injury victim needs to understand.
What Is Florida HB 837?
Florida House Bill 837 is a comprehensive tort reform law signed by Governor DeSantis on March 24, 2023. It is the most significant change to Florida personal injury law in decades, affecting everything from how long you have to file a lawsuit to how much compensation you can recover.
If you were injured in an accident in Florida after March 24, 2023, these changes directly affect your case.
How HB 837 Changed the Statute of Limitations
Before HB 837, Florida gave injury victims four years to file a personal injury lawsuit. The new law cut that deadline in half.
You now have two years from the date of your accident to file a lawsuit in Florida. This applies to car accidents, slip and falls, dog bites, and most other negligence-based injury claims. Missing this deadline almost always means losing your right to compensation permanently.
The shorter deadline makes it more important than ever to consult with an attorney soon after an accident — not months or years later.
The 51% Comparative Negligence Rule
This is the change with the biggest impact on personal injury cases in Florida.
Before HB 837, Florida used pure comparative negligence. This meant that even if you were 90% at fault for your own accident, you could still recover 10% of your damages from the other party.
Under the new modified comparative negligence rule (Florida Statute 768.81(6)), if you are found more than 50% at fault, you recover nothing.
Here is how it works in practice:
- You are 30% at fault, damages are $100,000: You recover $70,000 (reduced by your 30% fault)
- You are 50% at fault, damages are $100,000: You recover $50,000
- You are 51% at fault, damages are $100,000: You recover $0 — nothing at all
Insurance companies now have a powerful incentive to argue that you were more than 50% at fault. Expect insurers to aggressively blame the victim in every case.
Important exception: Medical malpractice claims under Florida Chapter 766 are exempt from this change. Pure comparative negligence still applies to medical negligence cases — a patient found 60% at fault can still recover 40% of damages.
Reduced Medical Damage Awards
HB 837 changed the way medical expenses are presented to juries. Under the new law, evidence of medical treatment costs is limited to the amounts actually paid by insurance or the injured person — not the higher amounts billed by medical providers.
Why this matters: A hospital might bill $50,000 for treatment, but your health insurance negotiated and paid $15,000. Before HB 837, a jury could see the $50,000 figure. Now, they only see the $15,000. This directly reduces the dollar amounts juries award.
Attorney Fee Changes
HB 837 eliminated many of Florida's one-way attorney fee statutes. Previously, if an insurer denied a valid claim and lost in court, they had to pay the policyholder's attorney fees. This incentivized insurers to settle legitimate claims rather than fight them.
The new law repealed most of these provisions, removing a key deterrent against insurance company bad faith denials. The practical effect is that insurers now face less financial risk when denying or lowballing claims.
Bad Faith Insurance Changes
Under the old law, an insurance company could be liable for bad faith based on negligent claims handling. HB 837 raised the bar: negligence alone is no longer enough to prove bad faith. Insurers can also limit their bad faith exposure by tendering policy limits before negotiations.
This makes it harder for injury victims to hold insurance companies accountable when they unreasonably deny or delay claims.
Premises Liability Changes
HB 837 created a presumption against liability for property owners in cases involving third-party criminal acts on multifamily properties. If the property owner had basic security measures in place — adequate lighting, deadbolt locks, window locks, pool area gates — they are presumed not to be liable.
This makes negligent security claims against apartment complexes and similar properties significantly harder to win.
What This Means for Your Injury Case
The bottom line: HB 837 made it harder for injury victims to recover fair compensation in Florida. Here is what you should do:
- Act fast: You now have only 2 years to file — do not wait
- Hire an experienced attorney: The 51% fault rule means you need a lawyer who can aggressively establish the other party's fault and counter blame-the-victim tactics
- Document everything: Medical records, photos, witness statements, and dashcam footage are more important than ever
- Do not accept blame: Insurance adjusters will try harder to pin fault on you — do not give recorded statements without legal counsel
- Understand your medical bills: The reduced medical damages rule means your attorney needs to present your economic losses strategically
FAQ
When did HB 837 take effect?
HB 837 was signed into law on March 24, 2023, and took effect immediately. It applies to causes of action that accrued on or after that date. If your accident happened before March 24, 2023, the old rules still apply to your case.
Does the 51% rule apply to medical malpractice?
No. Medical malpractice claims under Florida Chapter 766 are explicitly exempt from the modified comparative negligence rule. Medical negligence cases still use pure comparative negligence, meaning you can recover damages even if you are found more than 50% at fault.
Can I still sue if I was partially at fault for my accident?
Yes, as long as you were 50% or less at fault. Your damages will be reduced by your percentage of fault. If you were 50% at fault and your damages are $200,000, you would recover $100,000. But if you were 51% or more at fault, you recover nothing.
How does HB 837 affect insurance claims?
HB 837 removed many one-way attorney fee provisions that previously deterred insurance companies from denying valid claims. It also raised the standard for proving bad faith. The practical effect is that insurance companies now face less financial risk when lowballing or denying claims.
Should I still hire a personal injury lawyer after HB 837?
Absolutely — arguably more than ever. The new fault rules, shorter deadlines, and reduced damages make it critical to have experienced legal representation. Insurance companies are taking advantage of these changes to pay less. An experienced attorney can counter these tactics and protect your rights.