How Did Florida’s 2023 Tort Reform Change Claims?
Florida’s 2023 tort reform (House Bill 837), signed on March 24, 2023, changed deadlines, fault rules, medical evidence, and insurance disputes. It shortened many negligence filing periods and adopted modified comparative negligence. It also changed how courts review medical bills and bad faith claims. As a result, you may face stricter deadlines and stronger evidence requirements. These changes can directly affect your recovery after a serious Florida accident.
If Florida’s tort reform affects your claim, Todd Miner Law can protect your rights. We review deadlines, fault evidence, medical records, and available insurance coverage. Our lawyers challenge unfair blame and disputed medical expenses. We also handle insurer tactics that may reduce your compensation. Call 407-894-1480 for a free consultation with our Florida car accident lawyers today for guidance.
What Is Florida’s Tort Reform and How Did It Change Car Crash Claims?
Florida’s HB 837 is a tort reform law that changed many car accident claims. On March 24, 2023, Governor Ron DeSantis signed House Bill 837 into law. The reform shortened the filing deadline for many negligence claims. Moreover, HB 837 changed how you prove medical expenses in car accident cases.
Courts now focus more closely on amounts paid or owed for medical treatment. Different rules also apply when you have healthcare coverage or unpaid medical bills. In addition, the law changed the evidence for future medical treatment and related medical damages.
The law also made significant changes to fault rules and insurance disputes. Key changes that may affect your claim include:
- Shorter Filing Deadline: Many car accident claims now carry a two-year statute of limitations.
- Modified Comparative Negligence: Fault above 50% can prevent you from recovering damages.
- Medical Expense Evidence: New rules limit how you prove past and future medical damages.
- Insurance Claim Changes: HB 837 revised bad faith liability and certain attorney fee rules.
HB 837 does not apply in the same way to every claim. Cases filed after March 24, 2023, generally follow the new rules. However, earlier-filed cases may still follow the prior law.
How Did HB 837 Shorten the Deadline for Car Accident Claims?
HB 837 cut Florida’s deadline for most car accident negligence lawsuits from four years to two. Under Florida Statute § 95.11(5)(a), you generally must sue within two years after your claim accrues. Therefore, the statute of limitations now gives you less time to prepare.
Here is how a car accident lawyer can help protect your claim:
- Confirm Your Filing Deadline: Identify which time limit applies.
- Determine Your Accrual Date: Establish when your claim legally began.
- File Your Lawsuit Timely: Protect your claim before time expires.
Does Filing an Insurance Claim Stop the Lawsuit Deadline?
No, filing an insurance claim does not stop Florida’s lawsuit filing deadline. Likewise, settlement talks do not automatically pause the statute of limitations. Therefore, you must track your court deadline while negotiating with the insurer. Florida Statute § 95.051 allows tolling only under specific legal grounds. As a result, ongoing insurance talks do not protect an expired claim.
You should file your lawsuit before the deadline when settlement remains unresolved. Otherwise, you may lose your right to seek compensation in court. Early legal review can help protect your claim and filing rights.
How Does Tort Reform Affect Car Accident Compensation?
Florida’s tort reform can reduce or bar your car accident compensation based on assigned fault. HB 837 replaced Florida’s pure comparative negligence approach with modified comparative negligence. Under Florida Statute § 768.81, a party found greater than 50% at fault for their own harm cannot recover damages. Therefore, your percentage of fault significantly affects the value of a car accident settlement.
For example, $100,000 in damages becomes $70,000 after a 30% fault finding. However, a fault finding greater than 50% would prevent recovery.
Here is how Florida’s old and new comparative negligence rules differ:
| Rule | Pure Comparative Negligence | Modified Comparative Negligence |
|---|---|---|
| Florida Used It | Before HB 837 | After HB 837 |
| Fault Above 50% | Recovery still allowed | Recovery barred |
| Exactly 50% Fault | 50% recovery allowed | 50% recovery allowed |
| Fault Below 50% | Award reduced by fault | Award reduced by fault |
| Example at 60% Fault | Recover 40% of damages | Recover nothing |
Did the Reform Change Proof of Medical Expenses and Future Care?
Yes, HB 837 changed how you prove past medical expenses and future medical care. Florida Statute § 768.0427 now defines evidence courts may consider for medical damages. Therefore, your medical bills alone may not establish the value of your treatment.
Here is how the new rules affect proof of your medical expenses:
- Paid Medical Bills: You may show only amounts actually paid for satisfied medical services.
- Unpaid Medical Charges: Evidence depends on your health care coverage and applicable insurance contracts.
- Future Medical Treatment: You may use coverage rates or statutory reimbursement benchmarks for future care.
For example, uninsured claimants may use 120% of applicable Medicare reimbursement rates. If no Medicare rate applies, Florida law allows 170% of Medicaid rates. Therefore, these rules can directly affect how you prove medical damages after an accident.
What Are the New Bad Faith Rules Under HB 837?
HB 837 changed Florida’s bad faith rules by adding new protections for liability insurers. The law now requires more than mere negligence to prove an insurer’s bad faith. Moreover, courts may review whether you acted in good faith during car accident settlement negotiations.
Here is how the new bad faith rules can affect your car accident claim:
- Negligence Alone Is Not Enough: Mere negligence cannot establish bad faith against an insurer.
- Claimant Conduct Can Affect Damages: Poor settlement conduct may reduce damages awarded against the insurer.
- 90-Day Safe Harbor Applies: Insurers can avoid bad faith liability by making a timely qualifying payment.
The 90-day period begins after the liability insurer receives actual notice of a claim accompanied by sufficient evidence supporting its amount. The insurer must tender the policy limits or the amount demanded by the claimant within that period to receive the statutory safe-harbor protection.
How Did HB 837 Change Letters of Protection?
HB 837 changed the letters of protection by requiring more disclosure in car crash injury claims. A letter of protection lets a medical provider delay payment until your case ends. Under Florida Statute § 768.0427, claimants must make specific disclosures when seeking medical expenses for treatment provided under a letter of protection.
Here is how HB 837 changed letters of protection in Florida:
1. Protection Agreement Disclosure
A copy of the letter of protection must become part of the claim records. This disclosure shows how the provider expects payment after your car accident case ends. It also lets both sides review the financial arrangement connected to your treatment.
2. Itemized Medical Billing
Medical bills tied to the agreement require more detailed information. When applicable, the records should include CPT, HCPCS, ICD, or similar billing codes. These details show which services you received and how the provider calculated each charge.
3. Attorney Referral Disclosure
Referral information may also become relevant during the claim. If your attorney referred you to the provider, Florida law allows disclosure of that referral. The attorney-client privilege does not prevent this specific disclosure. In addition, certain financial ties between the firm and provider may show possible provider bias.
HB 837 also requires disclosure when someone purchases your medical debt. In that situation, you must identify the buyer and the amount paid. Therefore, these rules can affect how courts assess medical bills and treatment evidence.
What If Several Car Crash Victims Share Insurance Limits?
HB 837 gives insurers two options when several car crash victims compete for limited coverage. These rules apply when competing claims from a single occurrence may exceed available policy limits. Under Florida Statute § 624.155(6), an insurer may use an interpleader action or qualifying binding arbitration within 90 days after receiving notice of competing claims exceeding the available limits.
Here is how insurers can handle competing claims after one crash:
- Court Interpleader: The insurer can ask a court to divide the available policy limits.
- Binding Arbitration: Claimants can use arbitration to decide how available insurance funds are divided.
- Bad Faith Protection: Timely action can protect insurers from certain bad faith claims.
During arbitration, the arbitrator considers each victim’s injuries, damages, and share of fault. As a result, each injured person may receive a different portion of the available coverage.
How Did HB 837 Change Attorney Fees in Insurance Disputes?
HB 837 made it difficult to recover attorney fees in many Florida insurance disputes. The law removed broad one-way fee rights that previously favored successful policyholders. Therefore, winning your case does not always mean the insurer pays your attorney fees.
However, limited fee recovery may still apply in certain total coverage denial cases. Under Florida Statute § 86.121, qualifying named insureds, omnibus insureds, or named beneficiaries may recover reasonable attorney fees after obtaining a favorable declaratory judgment following a total coverage denial.
HB 837 also restricted the use of contingency fee multipliers for attorney fees. Under Florida Statute § 57.104, courts presume a lodestar fee is sufficient and reasonable. That presumption may be overcome only in rare and exceptional circumstances when competent counsel could not otherwise be retained.
Which Florida Claims Does Tort Reform Affect?
Florida’s 2023 tort reform affects motor vehicle claims, premises cases, and insurance disputes. It changes how you prove fault, damages, and insurer conduct in many civil actions. However, each claim type faces different rules based on the facts involved.
Here is how Florida’s 2023 tort reform affects different types of claims:
1. Motor Vehicle Negligence Injury Claims
HB 837 changed deadlines and comparative fault rules for many motor vehicle negligence claims. These rules can matter when fault is disputed after crashes at busy intersections in Longwood. Your assigned fault can reduce or completely prevent your recovery.
2. Premises Liability And Negligent Security Cases
HB 837 also changed certain premises liability and negligent security cases. For example, courts may consider fault from people who contributed to your injury. Moreover, qualifying multifamily residential properties may receive protection after adopting certain security measures.
3. Insurance Coverage And Bad-Faith Disputes
HB 837 revised rules involving insurance coverage, bad faith, and competing claims. For example, insurers may receive protection after timely tendering qualifying policy limits. Therefore, these changes can affect how you pursue compensation through available insurance coverage.
What Evidence Can Protect Your Car Crash Claim Under Florida’s Tort Reform?
Dashcam footage, witness statements, and medical records can protect your car accident claim under Florida tort reform. These records can prove fault, document injuries, and challenge unfair comparative fault claims. Therefore, you should preserve strong evidence as soon as possible after your car crash.
Here is the evidence that can strengthen your car accident claim:
- Dashcam Footage: Shows the crash sequence and driver actions.
- Accident Scene Photos: Document vehicle positions, damage, and road conditions.
- Witness Statements: Support your account of how the collision happened.
- Surveillance Video: May capture the crash from nearby businesses or homes.
- Vehicle Damage: Helps show impact direction and crash severity.
- Medical Records: Connect your head injuries and treatment to the accident.
- Medical Bills: Document the cost of your accident-related care.
- Lost Wage Records: Show income you lost because of your injuries.
- Electronic Vehicle Data: May reveal speed, braking, and other crash details.
If you need help preserving evidence, Todd Miner Law can review your case. Our lawyers gather key records and challenge unfair fault claims. Call 407-894-1480 for a free consultation with our Florida car accident lawyers.
What Mistakes Can Weaken a Car Crash Claim After Tort Reform?
Accepting fault, missing medical follow-up, and signing broad releases can weaken your car crash claim. These mistakes can reduce evidence, increase fault disputes, or limit your available compensation. Since Florida now bars recovery above 50% fault, careful claim handling matters.
Here are common mistakes that can weaken your claim after tort reform:
1. Accepting Fault Too Early
Early fault statements can give insurers grounds to argue that you caused the crash. Therefore, you should avoid making conclusions before reviewing all available evidence.
2. Skipping Follow-Up Medical Treatment
Missed appointments can create gaps between the crash and your ongoing injuries. As a result, insurers may dispute whether the collision caused your current symptoms.
3. Signing Broad Insurance Releases
Broad releases can end important rights before you know your full losses. Therefore, you should review settlement documents carefully before signing any insurance agreement.
4. Losing Important Evidence
Missing photos, videos, or witness details can make fault difficult to prove. Moreover, weak evidence can increase disputes over your share of responsibility.
5. Waiting Too Long to Act
Delays can leave less time to investigate and file your negligence lawsuit. Therefore, you should protect evidence and confirm your filing deadline early.
Call Our Car Accident Lawyers To Protect Your Rights Under Florida’s Tort Reform!
Florida’s tort reform can make it difficult to protect your car accident claim. You may face shorter deadlines, stricter fault rules, and limits on medical evidence. Insurers may also use comparative fault to reduce your compensation. Moreover, broad releases or missing records can weaken your case. Therefore, early action can help you avoid costly claim mistakes.
With recognition from the Orlando Sentinel’s Central Florida Favorites as a 2025 Gold Winner for Best Personal Injury Law, our lawyers at Todd Miner Law protect your claim from avoidable setbacks. We preserve key evidence, document your losses, and build a strong demand. Moreover, we handle negotiations and prepare your case for court when needed. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814 for a free case review with our Florida car accident lawyers.
FAQs
Did HB 837 Get Rid of Florida’s No-Fault PIP System?
No, HB 837 did not end Florida’s no-fault PIP system. Florida Statute § 627.736 still governs required personal injury protection benefits under qualifying Florida auto policies. PIP generally pays covered medical and disability benefits regardless of fault. Therefore, HB 837 changed tort claims, but it left Florida’s PIP framework in place.
Are Any Case Types Exempt From the Greater-Than-50% Fault Bar?
Yes, medical negligence claims are exempt from Florida’s greater-than-50% fault bar. Florida Statute § 768.81(6) expressly excludes personal injury and wrongful death claims arising from medical negligence. In addition, some actions fall outside the comparative fault statute entirely. Therefore, the greater-than-50% rule does not govern every Florida civil case.
Has HB 837 Been Repealed or Overturned?
No, HB 837 has not been repealed or overturned as a whole. Its core provisions remain codified in current Florida statutes, including the modified comparative fault rule. Courts may limit how particular provisions apply in specific cases. Still, the reform remains part of Florida law across the state.
Can the Insurer Blame Someone Who Isn’t Part of My Lawsuit?
Yes, an insurer or defendant can seek to assign fault to a nonparty. Under Florida Statute § 768.81(3), a defendant must plead the nonparty’s fault with sufficient detail. The defendant must also prove that the nonparty caused your injuries. Moreover, that proof must meet the preponderance of the evidence standard.
Did Florida Tort Reform Cap Pain and Suffering Damages?
No, HB 837 did not create a general cap on pain and suffering damages. Instead, it changed comparative fault, medical expense evidence, and other claim rules. Florida Statute § 627.737(2) still requires qualifying injury thresholds before certain motor vehicle claimants may recover non-economic damages. However, that threshold limits eligibility, not the amount of damages.
