On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 (HB 837) into law — the most sweeping overhaul of Florida’s civil justice system in a generation. In a single afternoon, the rights of injured Floridians were dramatically restructured. The window to sue was cut in half. The rules for sharing blame were rewritten. The way medical bills are calculated in court was capped. And the leverage that injured people held against insurance companies was sharply reduced.

If you were hurt in a car accident, slipped and fell at a business, lost a loved one to negligence, or were harmed by medical malpractice on or after March 24, 2023, the rules that govern your case are not the rules your friends and family knew about. The clock is shorter. The standards are tougher. The defenses are stronger.

This is the definitive guide to Florida HB 837 and what it means for your personal injury claim. At Sky Law Firm, we have litigated hundreds of cases under both the old and new frameworks — and we have seen firsthand how the 2023 tort reform punishes delay and rewards preparation.

Bottom line up front: If you have been injured in Florida after March 24, 2023, you generally have only 2 years to file a lawsuit (down from 4), and if a jury finds you more than 50% at fault, you recover nothing. Speak with a personal injury attorney immediately.

Table of Contents

1. What Is HB 837? A Quick Overview
2. Statute of Limitations: 4 Years to 2 Years
3. Modified Comparative Negligence: The 51% Rule
4. Bad Faith Insurance Reform
5. Medical Damages: Paid vs. Billed
6. Letters of Protection: New Disclosure Rules
7. Effective Dates and Grandfathering
8. How HB 837 Affects Specific Claim Types
9. Pre-2023 vs. Post-2023: Side-by-Side Comparison
10. Why Hiring a Lawyer Fast Is Critical
11. Frequently Asked Questions

1. What Is HB 837? A Quick Overview

HB 837, formally titled the “Civil Remedies” act, was filed by Representative Tommy Gregory and shepherded through the Florida Legislature by powerful business and insurance lobbies. It was passed by the Florida House on March 17, 2023, the Florida Senate on March 23, 2023, and signed by Governor DeSantis on March 24, 2023.

The stated purpose of the bill was to “decrease frivolous lawsuits” and to lower property insurance and liability insurance costs in Florida. Whether it has actually accomplished those goals is hotly debated. What is not debated is that HB 837 made it materially harder for injured Floridians to be made whole.

The bill amended several core statutes in the Florida Statutes, including:

• Fla. Stat. § 95.11 — Statutes of limitations
• Fla. Stat. § 768.81 — Comparative fault
• Fla. Stat. § 624.155 & § 626.9373 — Bad faith insurance claims
• Fla. Stat. § 768.0427 — Admissibility of evidence of medical damages (a brand-new statute created by HB 837)
• Fla. Stat. § 57.105 — One-way attorney fee provisions in insurance disputes (largely repealed)

Each of these changes is explored below.

2. Statute of Limitations: From 4 Years to 2 Years

This is the single most consequential change in HB 837 — and the one that most often catches injured Floridians off guard.

The Old Rule (Before March 24, 2023)

Under the prior version of Fla. Stat. § 95.11(3)(a), an injured person had four (4) years from the date of the accident to file a negligence lawsuit. Four years was generous by national standards and gave victims time to complete medical treatment, gather records, and negotiate with insurers before going to court.

The New Rule (On or After March 24, 2023)

HB 837 amended Fla. Stat. § 95.11(4)(a) to reduce the limitations period for general negligence actions to two (2) years from the date the cause of action accrued — typically the date of the accident.

This is a 50% reduction in the time you have to file.

Why This Matters

A two-year window sounds like a long time, but in personal injury practice it disappears quickly:

• You may still be undergoing surgery or physical therapy at the 12-month mark.
• Insurance carriers routinely drag pre-suit negotiations beyond a year.
• Police reports, body cam footage, and surveillance video can take months to obtain.
• Independent medical examinations, expert reviews, and demand packages add more time.
• If the at-fault driver was uninsured or underinsured, you may need to identify and pursue UM/UIM coverage — itself a complicated process.

By the time many claimants finally get serious about filing suit, the 2-year clock has nearly run out. Once it expires, your claim is barred forever — no judge can revive it, no insurance company is required to pay, no exceptions for “I didn’t know.”

Statutes of Limitations That Did Not Change

Some deadlines remained as they were:

• Medical malpractice: Generally 2 years from when the injury was discovered or should have been discovered, with a 4-year statute of repose (Fla. Stat. § 95.11(4)(b)). Unchanged by HB 837.
• Wrongful death: 2 years from the date of death (Fla. Stat. § 95.11(4)(d)). Unchanged.
• Intentional torts (assault, battery, false imprisonment): 4 years. Unchanged.
• Product liability: 4 years, plus a 12-year statute of repose. Unchanged.

3. Modified Comparative Negligence: Florida’s New 51% Rule

For decades, Florida was a pure comparative negligence state. That meant if you were 99% at fault for an accident, you could still recover 1% of your damages. The system was generous and ensured that even partially-at-fault plaintiffs received some compensation.

HB 837 ended that.

The New § 768.81: Modified Comparative Negligence

Effective March 24, 2023, Fla. Stat. § 768.81 was amended to adopt a modified comparative negligence standard, also called the “51% bar rule.” The new statute provides:

“In a negligence action, the contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages… however, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.”

Translated: If a jury assigns you 51% or more of the blame, you walk away with zero.

A Practical Example

Imagine a Miami intersection collision with $200,000 in damages.

• Under pre-2023 pure comparative negligence: If you are found 60% at fault, you still recover 40% — that is $80,000.
• Under post-2023 modified comparative negligence: If you are found 60% at fault, you recover $0.
• If you are found exactly 50% at fault, you still recover 50% — $100,000.
• If you are found 51% at fault, you recover $0.

Why This Is a Big Deal

The 51% rule turns every case into a battle over fault percentages. Defense attorneys and insurance adjusters now have a powerful incentive to push the plaintiff over the 50% line — even by a single percentage point — because it is no longer a question of reducing the verdict, but of eliminating it entirely.

Cases that involve disputed liability (rear-end chain reactions, lane changes, slip and falls on alleged “open and obvious” hazards) are now significantly riskier to litigate. This is one of the reasons early evidence preservation is more important than ever: photos, witness statements, dash cam, and surveillance footage are what keep your fault percentage below the 50% threshold.

Important Exception: Medical Malpractice

The 51% bar in § 768.81 does not apply to medical malpractice actions. Medical negligence cases continue to follow pure comparative negligence — meaning a patient who is partially responsible for their own injury can still recover a reduced share.

4. Bad Faith Insurance Reform

Before HB 837, Florida had some of the most plaintiff-friendly bad faith laws in the country. If an insurance company unreasonably refused to settle a claim within policy limits, it could be held liable for the entire excess judgment — even tens of millions of dollars beyond the policy.

HB 837 substantially reformed bad faith law under Fla. Stat. § 624.155.

Key Bad Faith Changes

1. Mere negligence is no longer enough. The new statute provides that “mere negligence alone is insufficient to constitute bad faith.” The plaintiff must show the insurer acted unreasonably — a higher standard.

2. 90-day safe harbor. If an insurance company tenders the lesser of the policy limits or the demand within 90 days after receiving actual notice of the claim with sufficient evidence to support it, the insurer cannot be sued for bad faith based on that claim.

3. Comparative bad faith. A claimant’s own actions — or those of their attorney — can now be considered. If the insured or claimant did not act in good faith in furnishing information, making demands, setting deadlines, or attempting to settle, the court may reduce the bad faith damages proportionately.

4. Multiple claimants on a single policy. If competing claims exceed available policy limits, an insurer may resolve the dispute through binding arbitration or by filing an interpleader action — and doing so is a defense to bad faith.

What It Means for You

Insurance carriers now have more breathing room to investigate claims and more defenses against bad faith liability. This makes early, well-documented, and properly-tendered demand letters from experienced counsel even more important. Sloppy demands invite denials. Surgical demands trigger settlements.

5. Medical Damages: Paid vs. Billed

One of the most technical — but financially devastating — changes in HB 837 is the new Fla. Stat. § 768.0427, which limits the medical damages a plaintiff can recover and present to a jury.

The Old Rule

Historically, plaintiffs could present the full billed amount of their medical care to a jury. If a hospital billed $150,000 for an emergency surgery, the jury saw $150,000, even if the hospital ultimately accepted $40,000 from the patient’s health insurer. The “collateral source rule” largely kept post-bill adjustments out of the courtroom.

The New Rule

Under § 768.0427, evidence of medical damages is now limited as follows:

• For past medical bills paid by health insurance: The plaintiff may only present the amount actually paid by the insurer plus any out-of-pocket co-pays, deductibles, or co-insurance — not the gross billed amount.
• For past medical bills paid by Medicare or Medicaid: Similar — only the amounts actually paid plus the patient’s share are admissible.
• For past medical bills not yet paid (open balances): Admissibility is limited to 120% of Medicare or 170% of Medicaid reimbursement rates, depending on the provider.
• For future medical expenses: Calculated based on what would actually be paid in the marketplace — not the inflated “sticker price.”

Why This Matters

In serious injury cases, this change can wipe out hundreds of thousands of dollars of presentable damages. Pain and suffering damages are often calculated by jurors as a multiple of medical bills, so when the medical bill number drops, non-economic damages drop with it.

To maximize recovery under the new rules, plaintiffs need lawyers who understand how to document future medical needs, how to use life care planners, and how to present wage loss, loss of earning capacity, and household services evidence to fill the gap created by the medical-bill cap.

6. Letters of Protection: New Disclosure Rules

A Letter of Protection (LOP) is a written agreement under which a healthcare provider agrees to treat an injured patient and defer payment until the personal injury claim resolves. LOPs have long been a critical tool for uninsured or underinsured accident victims who otherwise could not access surgery or specialist care.

HB 837 did not eliminate LOPs — but it added significant new disclosure requirements designed to allow defense attorneys to attack them at trial.

Under the new § 768.0427, a plaintiff who is treated under a Letter of Protection must disclose:

1. A copy of the LOP itself.
2. All billed and paid amounts for services rendered under the LOP.
3. Whether the medical bills have been sold or factored to a third party (and if so, the sale price and the identity of the purchaser).
4. Whether the plaintiff was referred to the provider by their attorney — and if so, the relationship between the lawyer and the provider.

The defense can then argue to the jury that LOP-billed amounts are inflated, that the referral was attorney-driven, and that the “real” value of the care is much lower.

Practical takeaway: If you are treating under an LOP, your attorney needs to be meticulous about referrals, billing, and documentation — because every piece of it will be scrutinized at trial.

7. Effective Dates and Grandfathering

This section is critical. The applicability of HB 837 to your case depends on when your accident happened and when your lawsuit was filed.

The 2-Year Statute of Limitations

• Accidents on or after March 24, 2023: 2-year statute of limitations applies.
• Accidents before March 24, 2023: The old 4-year statute generally applies — but Florida courts have litigated edge cases, and in some instances claims that had not yet been filed by March 24, 2023 have been argued to fall under the new rule. Do not assume you have 4 years just because the accident predated the bill — confirm with an attorney immediately.

Modified Comparative Negligence (51% Rule)

Applies to all negligence actions filed after March 24, 2023, regardless of when the underlying accident occurred. This means even if you were injured in 2022, if you filed (or refiled) suit after March 24, 2023, the 51% bar may apply to you.

Bad Faith Reforms

Apply to insurance claims arising from incidents on or after March 24, 2023.

Medical Damages Rule (§ 768.0427)

Applies to all causes of action filed on or after March 24, 2023.

Why Timing Is Everything

If your accident was in 2022 or early 2023, the legal framework that controls your case may depend on a single calendar date. A lawyer who understands the grandfathering rules can often file strategically to preserve your rights under the more favorable pre-HB-837 framework where possible.

8. How HB 837 Affects Specific Claim Types

Car Accidents

Florida is still a no-fault PIP state, but HB 837 affects every aspect of an at-fault claim against the negligent driver:

• The 2-year statute of limitations is the most important change.
• Disputed-liability collisions (left turns, lane changes, multi-car pileups) are now riskier under the 51% rule.
• Medical bill caps reduce recoverable economic damages.
• Aggressive pre-suit demand work is more important than ever.

Learn more: Miami Car Accident Lawyer →

Slip and Fall / Premises Liability

Slip and fall plaintiffs were already disadvantaged in Florida by the heightened “actual or constructive notice” standard under § 768.0755. HB 837 piles on:

• The 2-year clock applies.
• Defense attorneys aggressively argue that the hazard was “open and obvious” to push plaintiffs over the 50% fault threshold.
• Surveillance video — which is routinely overwritten in 7 to 30 days — must be preserved within days, not months.

Learn more: Miami Slip and Fall Lawyer →

Medical Malpractice

Medical malpractice claims escaped some of HB 837’s harshest provisions:

• The 2-year discovery rule was already in place (unchanged).
• Pure comparative negligence still applies (51% bar does not apply to med mal).
• However, the new medical damages cap and LOP disclosure rules do apply.

Learn more: Medical Malpractice Lawyer →

Wrongful Death

Wrongful death actions are governed by the Florida Wrongful Death Act (Fla. Stat. § 768.16-768.26). The 2-year statute remained unchanged. However:

• The 51% bar in § 768.81 applies to wrongful death negligence claims.
• Medical damages presented for the decedent’s pre-death care are subject to the new caps.
• Bad faith reforms apply when an insurer fails to tender available limits.

Learn more: Wrongful Death Lawyer →

9. Pre-2023 vs. Post-2023: Side-by-Side Comparison

10. Why Hiring a Lawyer Fast Is Critical Under HB 837

Pre-2023, an injured Floridian could afford to “wait and see” — to finish medical treatment, see how the body healed, and only then think about a lawyer. That strategy now causes claims to die.

Here is what an experienced Miami personal injury attorney does in the first 30 days that protects your rights under HB 837:

1. Calendars the 2-year deadline and all sub-deadlines (insurance notice, PIP exhaustion, UM/UIM elections).
2. Issues evidence preservation letters to defendants and businesses to lock down surveillance video before it is overwritten.
3. Photographs the scene, gathers witness statements, and pulls the police report and 911 audio while memories are fresh.
4. Obtains all available insurance disclosures under Fla. Stat. § 627.4137 — bodily injury limits, UM/UIM, umbrella policies.
5. Builds a fault-percentage strategy to keep you below the 51% bar.
6. Tenders a properly-supported policy-limits demand to trigger or eliminate the new 90-day bad faith safe harbor — depending on what serves you best.
7. Coordinates medical treatment and documents future care needs to maximize recovery under the new medical-damages caps.

The cases that resolve for full value under HB 837 are the ones with paper trails that started in week one — not month thirteen.

Ready to Talk to a Miami Personal Injury Attorney?

If you or a loved one was injured in Florida on or after March 24, 2023, your case is now governed by the most defendant-friendly personal injury framework in modern Florida history. The two-year clock is running. Surveillance video is being deleted. The insurance company is already building its 51% comparative-fault narrative.

Sky Law Firm has tried, settled, and recovered under both the old and new frameworks. We know exactly how HB 837 changes the playbook — and how to win for our clients anyway.

Free, no-obligation case evaluation. No fee unless we recover.

📞 Call (305) 320-4529
✉️ Request a Free Case Review →

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Frequently Asked Questions: Florida HB 837 & Tort Reform

1. What is the new Florida statute of limitations for personal injury claims?

For accidents occurring on or after March 24, 2023, the statute of limitations for general negligence personal injury claims in Florida is two (2) years from the date of the accident, under amended Fla. Stat. § 95.11(4)(a). Before HB 837, the limit was four years.

2. Does the 2-year statute of limitations apply if my accident happened before March 24, 2023?

Generally, no — accidents that occurred before March 24, 2023 are still governed by the 4-year statute of limitations. However, the application of HB 837 to pre-effective-date accidents has been the subject of litigation, and you should not assume anything without consulting an attorney immediately.

3. What is Florida’s 51% comparative negligence rule?

Under amended Fla. Stat. § 768.81, if a jury finds you to be more than 50% at fault for your own injuries, you recover nothing. If you are found 50% or less at fault, your damages are reduced proportionally. This replaced Florida’s prior “pure comparative negligence” system, where partial recovery was possible at any fault level.

4. Does the 51% rule apply to medical malpractice cases?

No. Medical malpractice cases are explicitly excluded from the 51% bar in § 768.81. Pure comparative negligence still applies in medical malpractice.

5. Can I still recover the full amount of my medical bills?

Not necessarily. Under Fla. Stat. § 768.0427 (created by HB 837), juries now hear the amounts actually paid by your health insurance, Medicare, or Medicaid — not the higher “billed” amount. Open balances and future medical care are capped using formulas tied to Medicare and Medicaid reimbursement rates.

6. Did HB 837 change wrongful death deadlines?

The 2-year wrongful death statute of limitations under § 95.11(4)(d) was not changed by HB 837 — it was already 2 years. However, the 51% comparative negligence rule and the medical-damages rules do apply to wrongful death claims.

7. What is a “Letter of Protection” and can I still use one?

A Letter of Protection (LOP) is a written agreement under which a doctor or hospital treats you on a deferred-payment basis until your case settles. LOPs are still legal, but HB 837 imposes new disclosure rules: you must disclose the LOP itself, whether bills were factored or sold, attorney-provider relationships, and itemized billing. Defense attorneys will use these disclosures to challenge the value of LOP-treated care at trial.

8. How did HB 837 change bad faith insurance lawsuits?

HB 837 raised the standard for bad faith claims under § 624.155. Mere negligence by an insurer is no longer enough. Insurers now have a 90-day safe harbor to tender the policy limits or the demand amount, and a claimant’s own bad-faith conduct can reduce recovery proportionally.

9. I was hurt before HB 837 was signed — what statute should I file under?

Your accident date generally controls the statute of limitations. If your accident was before March 24, 2023, the 4-year statute typically still governs. However, if you file your lawsuit after March 24, 2023, the 51% comparative-negligence rule and medical-damages rule likely apply to your trial. This is exactly the type of timing question that requires an experienced Florida personal injury lawyer — and that is why early consultation is so important.

10. How quickly should I contact a personal injury lawyer in Florida?

Immediately. With a 2-year statute of limitations, surveillance video that is overwritten in days, and a 51% comparative-fault rule that rewards early evidence preservation, every week of delay materially reduces the value of your claim. Most Florida personal injury attorneys — including Sky Law Firm — offer free consultations and contingency fees, so there is no financial reason to wait.

Related Reading

• Miami Car Accident Lawyer: What to Do After a Crash
• Florida Slip and Fall Law: Proving Notice Under § 768.0755
• Wrongful Death Claims in Florida: Who Can File and What You Can Recover
• Medical Malpractice in Florida: The 2-Year Discovery Rule Explained
• Uninsured Motorist Coverage in Florida: Why You Need More Than the State Minimum

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. The application of HB 837 and Florida personal injury law to your specific situation requires consultation with a licensed Florida attorney. Reading this article does not create an attorney-client relationship with Sky Law Firm.