Personal Injury in Florida:
New Rules, Your Rights.

Florida Personal Injury Law After HB 837 (2026)

HB 837, signed by Governor DeSantis on March 24, 2023, represents the most significant overhaul of Florida tort law in decades. It was designed to reduce litigation and insurance costs — but it also significantly reduced the rights of injury victims. Understanding these changes is essential if you were hurt in Florida in 2023 or later.

Sources: Florida HB 837 (2023); Florida Statutes; Florida Office of Insurance Regulation

Key Changes Under HB 837 (For Incidents After March 24, 2023)

1. Statute of limitations: 4 years → 2 years

• Personal injury claims must now be filed within 2 years of the date of the incident
• Wrongful death claims: 2 years from the date of death
• Incidents occurring before March 24, 2023: 4-year limit likely still applies (consult an attorney)
• Government entity claims: 3 years (FS §768.28) — unchanged

2. Comparative fault: pure → modified (51% bar)

• Florida moved from pure comparative fault (could recover even if 99% at fault) to modified comparative fault with a 51% bar
• If you are more than 50% at fault: you recover nothing
• If you are 50% or less at fault: your recovery is reduced by your percentage of fault
• Exception: claims against common carriers (buses, taxis, Uber, Lyft) still use a lower negligence standard

3. Medical damages (collateral source rule modification)

• For incidents after March 24, 2023: courts may now consider the amount actually paid for medical services (not the billed amount) when calculating economic damages
• Previously, plaintiffs could claim the full billed amount even when insurance negotiated a lower payment — this change reduces medical damage calculations

Common Types of Personal Injury Claims in Florida

Motor vehicle accidents

• 402,000+ crashes in Florida in 2023 — one of the highest rates in the US
• Through June 30, 2026: PIP/no-fault system applies (see car accident guide)
• After July 1, 2026: direct claims against at-fault driver's liability insurance

Premises liability (slip and fall)

• Florida Statute §768.0755 governs slip and fall claims on business premises
• The plaintiff must prove the business had actual or constructive knowledge of the dangerous condition and failed to remediate it
• Constructive knowledge can be established by showing the condition existed long enough that the business should have known about it, or that the business created the condition
• Florida's retail, restaurant, hospitality, and theme park industries make these cases extremely common

Dog bite liability

• Florida Statute §767.04: Dog owners are strictly liable for bites — no "first bite free" rule
• Applies in public places and on private property where the victim was lawfully present
• Comparative negligence can reduce recovery if the victim provoked the dog or assumed the risk

Boating accidents

• Florida leads all US states in registered watercraft — and in boating accidents
• Florida Statute §327.53: Boat owners are vicariously liable for negligent operation of their vessel
• BUI (Boating Under the Influence) dramatically increases liability and may support punitive damages

Construction accidents

• Florida's active construction sector creates frequent workplace injury claims
• Florida workers' compensation covers most employee injuries — but third-party claims against property owners, general contractors, or equipment manufacturers may also be available
• Florida Statute §440: Workers' comp is the exclusive remedy against the direct employer, but not against third parties

Damages Available in Florida Personal Injury Cases

• Economic damages: Medical bills, lost wages, future medical care, loss of earning capacity
• Non-economic damages: Pain and suffering, mental anguish, loss of enjoyment of life — no cap for most personal injury cases; $500,000 cap against government entities
• Punitive damages: Available for gross negligence or intentional misconduct; capped at 3× compensatory damages or $500,000 (whichever is greater)
• Wrongful death damages: Surviving spouse: loss of companionship; children: loss of parental companionship/guidance; parents: mental pain and suffering; estate: medical expenses, lost earnings

Steps to Take After an Injury in Florida

• Seek medical care immediately — establish a treatment record from the day of the incident
• Report the incident: Call police for accidents; complete an incident report for slip and falls at businesses (request a copy)
• Document everything: Photos and video of the scene, your injuries, clothing, footwear (slip and falls), vehicle positions
• Preserve evidence: Keep the shoes you were wearing; don't repair your vehicle until it's been inspected and photographed
• Get witness contact information
• Consult a Florida personal injury attorney promptly — given the 2-year SOL and HB 837 changes, time is critical
• Decline early settlement offers — initial offers from insurance companies are routinely far below fair value, especially before the full extent of injuries is known