Florida Tort Reform: Some Crucial Things You Need to Know

In late March, the Governor of Florida, Ron DeSantis, signed into law HB 837, bringing significant Florida tort reforms to the Sunshine State. HB 837 is the most significant Florida tort reform law to be enacted in Florida since the early 2000s. According to Governor Ron Desantis, the new law aims to make Florida like other U.S. states.

After HB 837 was signed into law in March by Governor Ron, the new changes went into effect immediately. The act generally applies to negligence-based claims brought forward after the date the law was signed. However, some provisions will apply to causes of action accruing after the effective date.

HB 837 is of particular importance to, among others, personal injury cases. Regarding personal injury cases, the changes brought about by HB 837 include changes to the comparative negligence rule, changes to the statute of limitations, and changes to the admissibility of medical evidence. This article discusses these changes.

Comparative Negligence

In 1986, Florida became a pure comparative negligence state. Under the pure comparative negligence rule, the court allocates a proportion of fault to the defendant and claimant. Then the court decides how much the defendant will pay according to their share of blame. A defendant is responsible for their share of the blame. Under the pure comparative negligence rule, even if it is determined that you are more at fault for your injuries than the defendant, you can still recover compensation. Even if you are 99% at fault for your injuries, the pure comparative negligence rule allows you to recover compensation from the defendant. However, your compensation will be reduced by your percentage of fault.

HB 837 changed Florida’s standard of comparative negligence. Now Florida follows the modified comparative rule. Under this new law, a personal injury claimant is barred from recovering compensation if they are more than fifty percent to blame for their injuries and damages. Under the new law, for a personal injury claimant to recover compensation, they must bear the same or less percentage of fault as the defendant. However, this new change does not apply to medical malpractice cases.

Statute of Limitations

After suffering an injury because of another party’s negligence, you have a limited period of time to file a personal injury lawsuit. The law that sets this time limit is called the statute of limitations. HB 837 reduced the statute of limitation for negligence claims. Before the signing of the law, the statute of limitations for filing a Florida personal injury lawsuit was four years. HB 837 reduced the statute of limitations for personal injury lawsuits to two years. Now injury victims have only two years from when they are involved in an accident or suffer an injury to bring forward their injury claims. Failure to file a personal injury claim within two years of the accident or injury will result in the claim being barred. However, it is vital to note that the new time limit for filing personal injury claims applies to causes of action accruing after March 24, 2023.

Admissibility of Medical Evidence

HB 837 introduced new evidentiary thresholds for a personal injury claimant to prove their past and future medical expenses. Generally, according to HB 837, when trying to prove past medical expenses, a claimant can only provide evidence of the amount actually paid. And any evidence a plaintiff offers to prove the amount necessary to satisfy unpaid medical expenses will be limited to the amount the plaintiff is required to pay should they have health care coverage other than Medicaid or Medicare. When it comes to future medical expenses, the jury will be allowed to know how much Medicaid, Medicare, or a private health insurer would pay for future medical expenses.

When it comes to the changes affecting the admissibility of medical evidence, there is a lot more to know. It is best that you reach out to a qualified attorney who can explain clearly and in detail everything there is to know about these changes. For reference, here is the HB 837 full text.

Additionally, if you are concerned about the impact the changes brought about by HB 837 may have on a personal injury claim you are considering filing, it is vital that you contact a skilled personal injury attorney. 

Contact a Personal Injury Attorney

Do you have questions about HB 837 or feel concerned about the impact the changes brought about by this new law will have on your personal injury claim? Contact a Naples personal injury attorney at The Law Offices of Marc L. Shapiro. You can reach us by calling 239-977-4348 or filling out our online