Florida Personal Injury Law Resources

Florida's personal injury landscape has been fundamentally reshaped by House Bill 837, signed into law by Governor Ron DeSantis on March 24, 2023. This sweeping tort reform legislation cut the statute of limitations in half, shifted Florida from pure to modified comparative negligence, changed how medical damages are calculated, and altered bad-faith insurance standards. For plaintiff attorneys, understanding these changes and the state's ongoing transition away from its no-fault insurance system is essential for every Florida personal injury case.

HB 837 - The 2023 Tort Reform Overview

HB 837 introduced the most significant changes to Florida personal injury law in decades. The key provisions include:

Statute of limitations reduced from four years to two years for negligence-based claims.

Comparative negligence shifted from pure to modified with a 51% bar plaintiffs found more than 50% at fault are now barred from recovery.

Medical damages evidence restricted to amounts actually paid or payable rather than the higher amounts initially billed, which can substantially reduce the economic damage figures presented to juries.

Attorney fee changes including a lodestar presumption for fee calculations and the repeal of one-way attorney fee provisions in property and auto insurance suits.

Bad faith claims now give insurers a safe-harbor opportunity and require claimants to demonstrate good faith.

Premises liability changes providing a presumption against liability for multifamily property owners who implement Crime Prevention Through Environmental Design (CPTED) measures.

These reforms apply to causes of action accruing after March 24, 2023.

Statute of Limitations

As of March 24, 2023, Florida's statute of limitations for negligence-based personal injury claims is two years from the date of injury, reduced from the previous four-year deadline under Florida Statutes § 95.11(5)(a).

This two-year deadline applies to most personal injury claims including motor vehicle accidents, slip-and-fall injuries, premises liability, and medical malpractice. Claims based on strict liability (such as some product liability cases) or intentional misconduct may have different deadlines.

Important transition rule: If an injury occurred before March 24, 2023, the previous four-year statute of limitations still applies. Only claims accruing after that date are subject to the new two-year deadline.

Specific Deadlines

Wrongful death: Two years from the date of death.

Medical malpractice: Two years from the date the injury was discovered or should have been discovered through reasonable diligence, subject to a four-year statute of repose from the date of the negligent act. In cases of fraud, concealment, or intentional misrepresentation, the repose period extends to seven years.

Government claims: Before filing suit against a government entity, the claimant must file a written notice of claim with the appropriate agency. The government then has 180 days to investigate and respond. If the claim is denied or no response is received, the claimant may proceed with a lawsuit.

Tolling

The statute may be tolled for minors and mentally incapacitated individuals. The discovery rule may also apply when an injury was not immediately apparent.

Modified Comparative Negligence (51% Bar)

One of HB 837's most consequential changes was Florida's shift from pure comparative negligence to modified comparative negligence under Florida Statutes § 768.81.

Previous rule (before March 24, 2023): Under pure comparative negligence, a plaintiff could recover damages even if they were 99% at fault, with their award reduced proportionally. This was extremely favorable to plaintiffs.

Current rule: Under modified comparative negligence, a plaintiff who is found to be more than 50% at fault is completely barred from recovering any damages. If the plaintiff's fault is 50% or less, damages are reduced by the plaintiff's percentage of responsibility.

This change has significant strategic implications. Insurance companies and defense attorneys now aggressively argue that the plaintiff bears majority fault, knowing that pushing the plaintiff's fault above the 50% threshold eliminates any recovery obligation entirely. Pre-suit investigation and evidence preservation have become even more critical under this new framework.

Damage Caps and Medical Evidence Rules

Non-Economic Damages

Florida does not impose a blanket statutory cap on non-economic damages in most personal injury cases. The Florida Supreme Court has historically struck down non-economic damage caps as unconstitutional.

However, medical malpractice non-economic damages had been subject to caps under prior legislation, though the Florida Supreme Court struck down those caps as unconstitutional in Estate of McCall v. United States (2014) for wrongful death cases and North Broward Hospital District v. Kalitan (2017) for personal injury cases.

Medical Cost Evidence Changes

HB 837 significantly changed how medical expenses are presented at trial. Courts now apply stricter scrutiny to medical billing, requiring evidence of the amounts actually paid or payable for medical services rather than the higher amounts initially billed. This can substantially reduce the economic damage figures juries consider, which in turn may affect non-economic damage awards.

Punitive Damages

Florida allows punitive damages in cases involving intentional misconduct or gross negligence. Under Florida Statutes § 768.73, punitive damages are generally capped at the greater of:

• Three times the compensatory damages, or
• $500,000

In cases involving conduct motivated by unreasonable financial gain where the defendant knew the conduct was likely to cause injury, the cap increases to the greater of four times compensatory damages or $2 million. There is no cap if the defendant acted with specific intent to harm.

Sovereign Immunity Caps

Claims against state and local government entities are subject to sovereign immunity caps under Florida Statutes § 768.28:

• $200,000 per individual claim
• $300,000 total for all claims arising from the same incident

Claimants who receive jury verdicts exceeding these caps may seek a claims bill from the Florida Legislature, though these are difficult to obtain and require specific legislative approval.

Auto Insurance No-Fault System Transitioning to At-Fault

Current System (Through June 30, 2026)

Florida currently operates as a no-fault state, requiring all drivers to carry:

• $10,000 in Personal Injury Protection (PIP) covers 80% of medical expenses and 60% of lost wages, regardless of fault
• $10,000 in Property Damage Liability (PDL)

Under the no-fault system, injured parties first seek recovery through their own PIP coverage. Florida currently does not require bodily injury liability coverage to register a vehicle, though it is required as part of the Financial Responsibility Law if a driver is found at fault in an accident.

PIP covers medical expenses only if the insured seeks treatment within 14 days of the accident (the "14-day rule"). If the injury is not classified as an "emergency medical condition," PIP benefits are capped at $2,500 rather than the full $10,000.

Upcoming Changes - PIP Repeal (Effective July 1, 2026)

Florida's legislature has advanced legislation (HB 1181 / SB 1256) to repeal the no-fault PIP system effective July 1, 2026, transitioning Florida to a traditional at-fault (tort) system. Key provisions of the proposed transition include:

New minimum coverage requirements of 25/50/10:

• $25,000 per person for bodily injury liability
• $50,000 per accident for bodily injury liability
• $10,000 per accident for property damage liability (unchanged)

Mandatory $5,000 Medical Payments (MedPay) coverage replacing PIP. Unlike PIP which covers 80% of costs, MedPay typically covers 100% of reasonable medical expenses up to the policy limit.

Bodily injury liability proof required at registration a significant change from the current system where BI proof is only required after an accident or violation.

Elimination of the PIP tort threshold meaning injured parties will no longer need to meet an injury threshold to sue for non-economic damages like pain and suffering.

Note: Governor DeSantis vetoed a similar PIP repeal bill (SB 54) in 2021, citing concerns about unintended market consequences. As of early 2026, the status of the current repeal legislation should be verified, as the Governor has expressed caution about changing auto insurance laws while premiums are declining.

Uninsured Drivers

Florida has one of the highest uninsured driver rates in the nation, with approximately 20% of drivers lacking proper insurance. UM/UIM coverage is available but not currently mandatory, making it an important consideration for Florida drivers.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Florida are filed in Circuit Court, which is the state's trial court of general jurisdiction. Florida has 20 judicial circuits encompassing all 67 counties.

For smaller claims, County Court handles cases with amounts in controversy up to $50,000.

Florida's large population and diverse geography create significant venue variations. Some circuits are considered more favorable to plaintiffs than others, and venue selection can meaningfully impact case outcomes.

Key Practice Considerations Post-HB 837

The combination of a shortened statute of limitations, modified comparative negligence, and stricter medical evidence rules has created a more challenging environment for plaintiff attorneys in Florida. Several strategic considerations have emerged:

Faster case development: With only two years to file, attorneys must begin investigations, gather evidence, and evaluate claims much earlier than under the previous four-year window.

Fault allocation is critical: The 51% bar means that defense strategies focused on attributing majority fault to the plaintiff can entirely eliminate recovery. Thorough documentation and early evidence preservation are essential.

Medical billing documentation: The shift to "amounts paid or payable" rather than "amounts billed" requires careful attention to how medical expenses are documented and presented.

Insurance company behavior: Changes to bad-faith standards and attorney fee provisions have emboldened insurers to adopt more aggressive claim-handling postures.

Common Types of Personal Injury Cases in Florida

Florida's large population, tourism industry, extensive highway system, and unique geography generate an enormous volume of personal injury litigation. Common case types include motor vehicle accidents (particularly along I-95, I-75, I-4, and the Florida Turnpike), motorcycle and bicycle accidents, pedestrian injuries, premises liability (including resort and hotel injuries), slip-and-fall cases, medical malpractice, nursing home abuse and neglect, boating and maritime injuries, construction accidents, product liability, dog bites, wrongful death, and rideshare (Uber/Lyft) accident claims.

Florida's status as a top tourist destination also generates significant litigation involving injuries to visitors, theme park accidents, and cruise ship injuries (which may involve federal maritime law).

This page provides general legal information about Florida personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Florida to discuss the specific facts of your case.