How Does Florida’s Tort Reform Affect Your Auto Claim?
Under Florida’s tort reform law (HB 837), you cannot recover compensation for a rear-end accident if you are more than 50% at fault. However, if your fault is under 50%, your compensation is reduced proportionally( modified comparative negligence system). For accidents that occurred before March 24, 2023, Florida still applies pure comparative negligence, and you can recover damages even if you are 90% at fault.
At Todd Miner Law, we help you protect your claim under the new rule and seek fair compensation. We review all evidence and guide you through the legal process. Our personal injury attorneys also work on a contingency fee basis (you only pay us if we win your case). Call 407-894-1480 for a free consultation.
What Is Florida’s Tort Reform Law (HB 837) and How Does It Affect Accident Victims?
Florida’s HB 837 is a tort reform law that has reduced the statute of limitations for personal injury claims to 2 years (previously 4 years). This change applies to accidents that happened on or after March 24, 2023. For accidents that happened before this date, the old four-year deadline still applies.
Moreover, HB 837 limits the medical damages you can use as evidence in your personal injury claim. Now, you can only use the amount actually paid or owed for medical treatment as evidence in court. Besides that, you can’t use the original billed amounts to increase your compensation.
For instance, in Wolf v. Williams (Nov. 2024), the Fifth District Court of Appeal ruled that HB 837’s medical expense evidence restrictions do not apply retroactively. This means the new rules apply only to cases filed on or after March 24, 2023. Any case filed earlier must still be evaluated under the old rules.
Can You Recover Non-Economic Damages Under Florida’s Tort Reform?
Yes, you can recover non-economic damages in a rear-end accident in Florida. These damages cover pain and suffering, emotional distress, and loss of enjoyment of life caused by the crash. You may also recover costs related to counseling or therapy needed to address the emotional and psychological impact of injuries. However, under the remittitur rule (Florida Statute 768.74), a judge can reduce a non-economic damages award if it is excessive or unreasonable.
Does Tort Reform Affect Rear-End Claims Filed Against Government Entities?
Yes, Florida’s tort reform bill (HB 837) affects rear-end accident claims against government entities, but specific rules apply. For instance, when you file a claim against a state agency, county, or city, Florida’s limited waiver of sovereign immunity governs the negligence case. This means there are strict monetary limits on the amount that can be recovered. Under the new law, the maximum damages from a government entity are $200,000 per person and $300,000 per incident.
Here’s how you can file a negligence claim against a government entity to protect your legal rights:
- Notice of Claim: Before filing lawsuits, you must submit a written notice of your claim to the government entity involved (city, county, or state agency). This notice typically includes details of the accident, your injuries, and the amount of damages sought.
- Agency Review Period: The government has a set period (usually 6 months) to review the claim and decide whether to settle, deny, or negotiate.
- Filing a Lawsuit: If the agency denies or fails to respond to your claim within the required time, you can file a personal injury lawsuit in court.
Our personal injury attorneys at Todd Miner Law help injured victims like you in Orlando, Clermont, Daytona Beach, and across Central Florida prepare and submit proper notices of claim. Call us today at 407-894-1480 for a free consultation and take legal action against the government.
How Do Insurance Companies Use the Tort Reform Law to Reduce Payouts?
Insurance companies use Florida’s tort reform law (HB 837) to lower compensation for rear-end accidents by arguing that you are partially at fault under the modified comparative negligence standard. They also limit recoverable medical damages by counting only the amounts actually paid or owed, not the billed costs. This can significantly reduce your settlement for medical costs, primarily if you used “Letters of Protection” to receive treatment.
Moreover, insurance adjusters may use HB 837’s shortened statute of limitations to pressure you into accepting a quick settlement. Here are some other HB 837 regulations that may further restrict your recovery:
- Restrictions on Medical and Future Medical Expenses Evidence: Health Insurance companies can challenge compensation for anticipated future treatment, arguing that only documented costs are considered damages.
- Bad Faith Safe Harbor: The law gives insurers a 90-day period to respond to claims before facing a bad faith lawsuit. This can delay payment and give insurers an advantage in settlement negotiations.
- “No Pay, No Play” Rules: If you did not have personal injury protection (PIP) at the time of the rear-end accident, HB 837 limits your ability to seek compensation for non-economic damages.
Does Florida Tort Reform Affect Attorney Fees in a Rear-End Crash Claim?
Yes, Florida’s tort reform law (HB 837) can indirectly affect attorney fees in rear-end crash claims. Many attorneys work on a contingency fee basis, meaning they are paid a percentage of the settlement. When HB 837 reduces compensation through comparative negligence rules and limits on medical expense evidence, the total recovery may be lower. As a result, the attorney’s fee may also decrease.
Moreover, HB 837 changed the previous “one-way attorney fee rule”, which allowed policyholders to recover attorney fees from insurance companies in insurance disputes. Under the new Florida law, this protection no longer exists. Now, in most rear-end crash claims, each side must pay its own legal fees.
Todd Miner Law Can Help Maximize Your Rear-End Compensation Under Florida’s Tort Reform — Call Us Today!
After a rear-end collision in Florida, you may face strict deadlines under HB 837. Insurance companies may also dispute fault to reduce your payout under the 50% rule. Moreover, you may struggle to use your medical bills as evidence because Florida law limits what you can submit in court.
With recognition from the Orlando Sentinel’s Central Florida Favorites as a 2025 Gold Winner, Todd Miner Law helps injured plaintiffs like you manage these challenges with clear legal guidance. Our personal injury lawyers review your medical records, challenge insurer tactics, and protect your rights throughout the claim. For immediate help, call 407-894-1480. You can also visit 15 Outer Rd, Orlando, FL 32814 for trusted legal representation.
FAQs
Does Tort Reform Affect Rear-End Accidents Involving Rental Cars?
Yes, Florida’s tort reform law (HB 837) affects rear-end accidents involving rental cars. If you crash a rental car, your compensation can be reduced under the 50% fault rule, even when the rental company’s insurance is involved. Additionally, your rental agreement and the car’s insurance coverage can affect who pays for damages, repairs, and loss-of-use fees, which affects the total compensation.
How Does Tort Reform Affect Subrogation and Reimbursement Rights?
Florida’s tort reform law (HB 837) affects subrogation and reimbursement rights by limiting the medical expenses you can use to calculate damages. Insurers and third-party payers can only recover amounts actually paid or owed for medical treatment, not the original billed amounts. This can reduce the amount they claim back from the injured party’s settlement.
How Do Courts Assess Conflicting Medical Opinions Under HB 837?
To assess conflicting medical opinions under HB 837 personal injury law, courts compare each expert’s conclusions against the patient’s medical records. Moreover, they prioritize medical records, diagnostic tests, and the amounts actually paid for treatment. After that, the court system reviews each expert’s qualifications, methodology, and consistency with the documented injuries.
Does Hb 837 Impact Bad-Faith Claims in Rear-End Car Accident Cases?
Yes, HB 837 impacts bad-faith claims in rear-end personal injury cases. The law gives insurers a 90-day “safe harbor” period to respond to claims before a lawsuit can proceed. During this period, insurance companies can delay payment or request additional documentation without facing immediate legal consequences.
Does Tort Reform Affect Rear-End Collisions With Hit-And-Run Drivers?
Yes, Florida’s tort reform law (HB 837) affects rear-end collisions involving hit-and-run drivers. If the at-fault driver cannot be identified, injury victims may rely on uninsured motorist (UM) coverage to recover damages. However, HB 837 still applies, meaning compensation for medical expenses is limited to amounts actually paid, and comparative negligence rules may reduce recovery if you are partially at fault.
How Does Hb 837 Affect Claims Involving Pre-Existing Injuries?
HB 837 affects claims involving pre-existing injuries by limiting recovery to harm actually caused or worsened by the accident. Moreover, Courts will only consider medical expenses that were actually paid to a healthcare provider for treatment directly related to the new injury. To protect your right to compensation, you must carefully document how the accident worsened your condition.
