In March 2023, legislators in Florida enacted one of the most substantial reforms to the state’s civil justice system in recent times. Governor Ron DeSantis approved House Bill 837, known as the Florida Tort Reform Act of 2023, which makes extensive changes to personal injury lawsuits, insurance claims, and how courts assess liability in civil cases.
Supporters say this law will reduce frivolous lawsuits, lower insurance costs, and create a fairer legal environment for businesses. Critics, including legal and consumer advocates, argue it makes it harder for injured people to receive full compensation. Whether you’re a business owner, insurance policyholder, or someone injured by another’s negligence, you need to understand these recent changes.
One of the most significant changes in the new law is Florida’s shift from a pure comparative negligence system to a modified comparative negligence rule. Under the previous system, an injured person could still recover compensation even if they were mostly at fault—their recovery would simply be reduced based on their percentage of fault. Under the new method, a plaintiff is disqualified from receiving any compensation if they are deemed to be more than 50% at fault for an accident. Except for medical malpractice claims, which still adhere to the previous standard, this rule is generally applicable to personal injury cases.
In many instances, this alteration alters the balance of power. In order to get compensation, injured people must now demonstrate that they were not substantially at fault. Because of this, it is more crucial than ever to conduct an early investigation, gather evidence, and have legal counsel.
Another drastic adjustment in the Florida Tort Reform Act is the reduction of the statute of limitations for negligence claims. Previously, individuals had four years from the date of an incident to file a lawsuit for personal injury based on negligence. That window has now been shortened down to just two years.
This means those injured in accidents or harmed by another’s negligence must act quickly to preserve their legal rights. Suffering an injury due to someone else’s negligence is already challenging—but delaying action can make things far worse. The law sets strict deadlines, and missing them can get your case dismissed—no matter how strong your claim is. It may seem like there’s plenty of time, but the clock starts ticking the moment the injury occurs. That’s why contacting a personal injury lawyer early—while the facts are fresh—isn’t just smart, it’s essential.
The reform law also imposes stricter rules on how medical damages are calculated and presented in personal injury cases. It limits the types of medical evidence plaintiffs can submit—especially when treatment is provided under a letter of protection.
The new law lets injured parties present only the amount actually paid or owed for medical care—not the full billed amount. If they have Medicare or private insurance, they must show what those insurers would pay, which is usually much less. This change aims to prevent inflated damage awards by showing juries real medical costs, not inflated billing figures. However, it may limit recovery for people who depend on delayed payment arrangements while their case is pending.
House Bill 837 includes several provisions that favor insurance companies and defendants. For example, the new law establishes a 90-day safe harbor period that allows insurers to settle claims before facing a bad faith lawsuit. If the insurer makes a genuine effort to settle during this time, it is shielded from bad-faith claims.
Defendants in personal injury cases can now shift blame to non-parties, like individuals or companies not named in the lawsuit. This tactic can reduce the damages they owe and make it harder for plaintiffs to recover compensation. The change reflects a broader push to cut litigation costs and protect businesses—but it also adds new challenges for injured people without strong legal support.
At KAASS LAW, we know how overwhelming personal injury claims can be—especially under Florida’s 2023 Tort Reform Act.
The time to file is shorter, fault rules are stricter, and damage limits now favor insurance companies. That’s why having the right legal team is more important than ever.
We move fast to gather key evidence and meet urgent deadlines. We build strong cases that protect your rights and improve your chances of recovery.
Our attorneys know how to present your medical and financial losses to maximize your compensation, even under these new restrictions. We also know how to handle insurance companies that try to delay or undervalue your claim. At KAASS LAW, we do more than guide you through the process. We hear your story, take your injuries seriously, and prioritize your recovery. You face the legal challenges, and we stand by your side every step of the way. If you have been injured and want to understand how these legal changes affect your case, contact KAASS LAW today to schedule a free consultation.
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