In March 2023, Florida Governor Ron DeSantis signed House Bill 837 into law, fundamentally changing how personal injury cases work in the Sunshine State. If you've been injured in an accident, thes...
In March 2023, Florida Governor Ron DeSantis signed House Bill 837 into law, fundamentally changing how personal injury cases work in the Sunshine State. If you've been injured in an accident, these changes directly affect your ability to recover compensation—and the clock is ticking faster than ever. Here's what every Florida injury victim needs to know about the new rules and how to protect your rights under this reformed legal landscape.
What Is Florida HB 837?
House Bill 837, officially titled the 'Civil Remedies' bill, represents the most significant overhaul of Florida's personal injury laws in decades. Passed in March 2023, this legislation changed multiple aspects of how injury claims are handled, from the time you have to file a lawsuit to how fault is determined and damages are calculated.
Key Changes at a Glance
The bill introduced several major changes: a reduced statute of limitations from 4 years to 2 years, a shift from pure comparative negligence to modified comparative negligence with a 51% bar, changes to bad faith insurance claim procedures, and modifications to medical damages evidence.
The New 2-Year Statute of Limitations
Perhaps the most impactful change for injury victims is the dramatically shortened filing deadline. Previously, Florida allowed 4 years to file a personal injury lawsuit. Now, you have only 2 years from the date of your accident. This means if you were injured on January 1, 2024, you must file your lawsuit by January 1, 2026—no exceptions.
Modified Comparative Negligence: The 51% Rule
Florida previously used 'pure comparative negligence,' meaning you could recover damages even if you were 99% at fault (though your recovery would be reduced by your fault percentage). HB 837 changed this to 'modified comparative negligence' with a 51% threshold. Now, if you're found to be 51% or more at fault for your accident, you recover nothing.
How These Changes Affect Your Claim
These reforms significantly impact injury victims in several ways. Insurance companies now have more leverage in negotiations, knowing that any delay works in their favor due to the shorter deadline. They may also more aggressively argue that you share fault for the accident, hoping to push your percentage above the 51% threshold.
What You Should Do Now
If you've been injured in an accident in Florida, time is critical. Here's what you need to do immediately: Document everything about your accident, seek medical attention promptly, avoid giving recorded statements to insurance companies without legal counsel, and consult with a personal injury attorney as soon as possible.
Contact Emas Law Group Today
Florida's HB 837 has fundamentally changed the landscape for injury victims. With a shorter deadline to file and new fault rules that can bar your recovery entirely, acting quickly and strategically is more important than ever. Don't let these new laws prevent you from getting the compensation you deserve. Contact Emas Law Group today for a free consultation to discuss how these changes affect your specific case.
Frequently Asked Questions
Does HB 837 apply to accidents that happened before March 2023?
No, HB 837 applies to causes of action that accrued on or after March 24, 2023. If your accident occurred before this date, the previous 4-year statute of limitations and pure comparative negligence rules apply to your case.
Can I still file a claim if I was partially at fault?
Yes, but only if you were 50% or less at fault. Under the new modified comparative negligence rule, you can recover damages reduced by your percentage of fault, but if you're found 51% or more responsible, you receive nothing.
How do I know how much time I have left to file my lawsuit?
Your deadline is exactly 2 years from the date of your accident. However, calculating this deadline can be complex in some situations, such as when injuries aren't immediately apparent. Consult an attorney to confirm your specific deadline.
Did HB 837 change anything about insurance bad faith claims?
Yes, the bill made it harder to bring bad faith claims against insurance companies. It introduced new procedural requirements and changed how these claims are evaluated, generally making it more difficult for policyholders to hold insurers accountable for unreasonable claim handling.