Florida Tort Reform: Understanding HB 837 and Its Impact on Personal Injury Cases

Florida has recently enacted one of the most sweeping changes to its civil justice system in decades. With the passage of House Bill 837 (HB 837) in 2023, Florida tort reform has reshaped the landscape for personal injury claims across the state. Aimed at curbing high insurance premiums and excessive litigation, these changes significantly affect how accident victims pursue compensation.

While some praise the reforms for protecting businesses and insurers, critics argue they restrict access to justice—especially for injured Floridians. Here’s what you need to know about Florida’s tort reform, its major provisions, and how it impacts those seeking help from Florida injury lawyers.

Key Changes Under Florida’s Tort Reform Law

1. Reduced Statute of Limitations for Negligence Cases

One of the most impactful changes for personal injury victims is the reduction of the statute of limitations for negligence claims from four years to just two years. This means Floridians injured in car accidents, slip-and-falls, or other negligence cases must act quickly to preserve their legal rights.

As Florida injury attorneys, we urge anyone involved in an accident to consult a lawyer promptly—waiting could cost you your right to file a claim.

2. Modified Comparative Negligence Standard

Under HB 837, Florida replaced its pure comparative negligence standard with a modified system. Now:

If a plaintiff is more than 50% at fault, they cannot recover damages.
Plaintiffs who are 50% or less at fault can recover, but their compensation will be reduced accordingly.

This change drastically alters how Florida personal injury lawyers evaluate and pursue claims, especially in complex cases involving multiple parties.

3. Changes to Bad Faith Insurance Claims

The new law introduces a 90-day “safe harbor” for insurance companies to resolve claims without risking bad faith lawsuits. This provision gives insurers more control while potentially delaying fair settlements for injury victims.

Tort lawyers in Florida now face additional hurdles in holding insurers accountable, making it even more critical for claimants to work with experienced legal representation.

4. New Rules on Medical Damages

Florida tort reform now limits how past and future medical expenses are presented in court. This includes:

Restricting the use of letters of protection (LOPs).
Requiring disclosure of insurance and third-party billing arrangements.

These changes aim to reflect actual medical costs but may lead to lower jury verdicts in injury cases—an issue many Florida personal injury lawyers are pushing back against.

5. End of Joint and Several Liability in Negligent Security Cases

HB 837 removes joint and several liability in some negligent security cases, applying comparative negligence instead. For example, if a third-party criminal act occurs on someone’s property, the owner may not be held fully liable, particularly if the victim is partially at fault.

6. Limits on Contingency Fee Multipliers

Contingency fee multipliers—tools that help injury attorneys take on difficult cases—are now limited. Courts can only award them in “exceptional circumstances,” potentially discouraging legal representation for high-risk or low-payout injury cases.

This could severely limit access to justice for injury victims in Florida, particularly those without the means to pay legal fees upfront.

What This Means for Florida Injury Victims and Attorneys

Legal Representation is More Important Than Ever

With stricter deadlines, tougher fault rules, and new hurdles in presenting evidence, injury victims in Florida now face a far more challenging legal environment. Navigating the post-HB 837 legal landscape without a skilled Florida injury lawyer may result in lost compensation or dismissed claims.

Mixed Impact on Insurance Costs

Supporters of Florida tort reform argue that these changes will:

Reduce frivolous lawsuits,
Lower insurance fraud,
And decrease premiums.

But so far, homeowner and auto insurance rates in Florida have continued to rise—casting doubt on the effectiveness of these reforms in achieving their financial goals.

Favoring Insurers, Not Individuals

Many legal professionals and advocacy groups believe HB 837 heavily favors insurance companies. By capping damages, limiting lawsuits, and protecting insurers from bad faith claims, the reforms shift the balance away from personal injury plaintiffs in Florida.

Boost for the Insurance Industry

HB 837 is widely viewed as favorable to insurance companies, making Florida a more attractive market by limiting their exposure to bad faith claims and large jury verdicts. It may also reduce pressure on Citizens Property Insurance Corporation, the state-run insurer of last resort.

The Debate Over Florida Tort Reform Continues

Legal challenges and legislative pushback are ongoing. Areas to watch include:

Court decisions interpreting new statutes,
Proposals to revise medical damage rules,
And continued public outcry over rising premiums despite the reforms.

Final Thoughts: How Florida Tort Reform Affects You

Florida’s personal injury laws are now more complex and less forgiving. If you or a loved one has been injured in an accident, it’s essential to understand how Florida tort law impacts your right to recover.

At The Law Offices of Ron Sholes, our experienced Florida injury lawyers are closely monitoring the impact of HB 837. We’re committed to protecting the rights of injury victims across the state—no matter how the laws evolve.

Don’t wait. Contact us today for a free case review and fight back with a legal team that understands the real-world effects of Florida tort reform.