Florida's sweeping tort reform law, House Bill 837, signed by Governor Ron DeSantis on March 24, 2023, continues to have a profound impact on civil litigation in the state. Two years after its enactment, personal injury lawyers and plaintiffs are still grappling with the significant changes it introduced, including a shortened statute of limitations and a shift from pure to modified comparative negligence.
One of the most consequential changes under HB 837 is the reduction of the statute of limitations for filing a negligence claim. Previously, plaintiffs had four years to file a civil suit for damages; now, they have only two years. This tight deadline places immense pressure on injured parties to seek legal counsel promptly. The statute of limitations is a strict legal deadline, and once it expires, the right to sue is forfeited, barring narrow exceptions such as tolling or cases involving minors.
Another major reform is the transition from a pure comparative negligence model to a modified comparative negligence model. Under the new framework, plaintiffs cannot recover damages if they are found to be more than 50% at fault for the incident. Previously, even plaintiffs who bore the majority of the blame could recover damages, albeit reduced proportionally. This change significantly limits recovery for those who may have contributed to their own injuries.
These alterations underscore the critical importance of acting swiftly after an accident. While two years may appear ample, delays can hinder an attorney's ability to build a strong case. The Andres Lopez Law Firm, a full-service personal injury firm based in Coral Gables, Florida, emphasizes the need for immediate legal consultation. The firm handles a wide range of cases, including car accidents, wrongful death, Uber incidents, and workplace accidents. Potential clients can contact the firm online to schedule a complimentary consultation.
HB 837 has also introduced other changes affecting insurance bad faith claims and rules of evidence, further complicating the legal landscape. As Florida courts continue to interpret and apply these reforms, both plaintiffs and attorneys must stay informed to navigate the evolving environment. The shortened statute of limitations and stricter fault threshold are particularly impactful, making early legal intervention essential for preserving rights and maximizing compensation.
