In March 2023, Florida Governor Ron DeSantis signed HB 837 into law — the most significant overhaul of Florida's civil litigation system in decades. The law made sweeping changes that affect personal injury victims, insurance claims, and lawsuits filed on or after March 24, 2023.

If you were injured in Florida after that date, these changes directly affect your rights.

What changed: Florida switched from pure comparative negligence to modified comparative negligence.

Old rule: You could recover damages even if you were 99% at fault — your recovery was simply reduced by your percentage of fault.

New rule: If you are more than 50% at fault, you are completely barred from recovering any damages.

What this means for you: Insurance companies now have a powerful incentive to argue that you are more than 50% responsible for your own injuries. If they succeed, you recover nothing — regardless of how seriously you were injured.

Exception: Medical malpractice cases retain the pure comparative negligence standard.

What changed: The statute of limitations for general negligence claims was cut in half — from 4 years to 2 years.

What this means for you: You now have only 2 years from the date of your accident to file a personal injury lawsuit in Florida. Missing this deadline means losing your right to sue permanently.

This change applies to accidents occurring on or after March 24, 2023. Accidents before that date retain the 4-year window.

Act quickly. Two years sounds like a long time, but building a strong case — gathering evidence, completing medical treatment, negotiating with insurers — takes time. Do not wait.

What changed: HB 837 limits the medical damages a plaintiff can claim when treatment was provided under a letter of protection (LOP) — an arrangement where a medical provider agrees to defer payment until the case settles.

Under the new law, damages for LOP-funded treatment are capped at the lowest of:

• The amount actually paid or owed to the provider
• The Medicare rate for the service
• The amount established by evidence

What this means for you: This change is designed to reduce inflated medical bills in personal injury cases. It may reduce the total medical damages available in your case, particularly if you treated under an LOP arrangement.

What changed: HB 837 made it significantly harder to bring bad faith claims against insurance companies.

Key changes:

• Insurers now have a cure period — they can avoid bad faith liability by paying the full policy limits within 90 days of receiving a civil remedy notice
• The law narrows the circumstances under which bad faith claims can be brought
• Changes to how damages are calculated in bad faith cases

What this means for you: Holding insurance companies accountable for bad faith conduct is now more difficult. An experienced attorney is more important than ever when dealing with an insurer that is acting in bad faith.

What changed: Florida eliminated the one-way attorney fee statute in most insurance cases. Previously, if a policyholder won a lawsuit against their insurer, the insurer had to pay the policyholder's attorney fees. This created a financial incentive for insurers to settle valid claims rather than litigate.

Under HB 837, each side generally pays its own attorney fees — removing a key deterrent against insurer bad faith.

What this means for you: Insurance companies now have less financial incentive to settle valid claims promptly. Litigation may become more common and more expensive.

What changed: HB 837 modified the standard for negligent security claims against property owners. Property owners now have a stronger defense when the perpetrator of a crime was a "third party" rather than an employee or agent of the property owner.

What this means for you: Negligent security cases — such as assaults at hotels, apartment complexes, or parking garages — are more difficult to pursue under the new law.

• Florida's no-fault PIP system remains in place
• The right to sue for serious injuries meeting the threshold remains
• Uninsured motorist coverage rules are largely unchanged
• Workers' compensation is a separate system and was not affected by HB 837

1. Act immediately — the 2-year statute of limitations leaves no room for delay
2. Document everything — the 51% bar makes evidence of the other party's fault more critical than ever
3. Hire an experienced attorney — the new law is more favorable to insurance companies; you need an advocate who understands the changed landscape
4. Do not give recorded statements — insurers will use your words to push your fault above 50%

Juan Cordero Lawyers has been fighting for injury victims in Florida for over 26 years, handling Car Accident Lawyer Florida, Slip and Fall Lawyer Florida, Truck Accident Lawyer Florida, and Wrongful Death Lawyer Florida cases. Call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week.