On March 24, 2023, Governor Ron DeSantis signed HB 837 into law, triggering the most sweeping overhaul of Florida tort law in decades. If you were injured in a car accident, slip-and-fall, or any other personal injury event in Florida, these changes directly affect your rights — and your deadline to act.
Below we break down every major provision of HB 837, explain what it means for your claim in 2026, and answer the questions our clients ask most.
What Is HB 837? A Plain-English Overview
HB 837 is a comprehensive tort reform statute that changed four pillars of Florida personal injury law:
- Statute of limitations — cut from 4 years to 2 years for most negligence claims
- Comparative fault — shifted from “pure” to “modified” (51%) comparative negligence
- Bad-faith insurance claims — raised the threshold for suing an insurer in bad faith
- Medical damages (letters of protection) — restricted inflated medical bills tied to litigation funding
Each change benefits insurance companies and defendants — so understanding them is essential before you file or settle a claim.
Change #1 — Statute of Limitations Cut to 2 Years
The Old Rule (Pre-HB 837)
Florida personal injury victims had four years from the date of injury to file a lawsuit under the old § 95.11(3)(a).
The New Rule (Post-HB 837)
Effective March 24, 2023, the limitations period dropped to two years for negligence-based personal injury and wrongful death claims. The clock still starts on the date of injury (or date of death in wrongful death cases).
Which Cases Does the 2-Year Deadline Apply To?
- Car, truck, and motorcycle accidents
- Slip-and-fall and premises liability
- Negligent security
- Boating and recreational vehicle accidents
- Most other negligence-based injury claims
Critical: If your accident occurred on or after March 24, 2023, you have only 2 years. Missing this deadline almost certainly bars your claim forever. Call (813) 331-2732 now for a free consultation.
Change #2 — Modified Comparative Negligence (The 51% Bar)
Pure vs. Modified Comparative Fault
Before HB 837, Florida followed pure comparative negligence: even if you were 99% at fault, you could still recover 1% of your damages. HB 837 replaced this with modified comparative negligence.
Under the new rule:
- If you are 50% or less at fault, you can still recover — but your award is reduced by your percentage of fault.
- If you are 51% or more at fault, you are completely barred from recovering any compensation.
Real-World Example
Suppose you were rear-ended but had a broken tail light. The jury finds the other driver 60% at fault and you 40% at fault, with total damages of $100,000. Under the new rule, you recover $60,000 (reduced by your 40%). Had you been found 51% at fault, you would recover nothing.
This is why insurers now aggressively argue shared fault — to push claimants over the 51% threshold.
Change #3 — Bad-Faith Insurance Reforms
HB 837 significantly raised the bar for bad-faith insurance lawsuits — the claims brought when an insurer wrongfully denies or low-balls a valid claim.
Key Bad-Faith Changes
- Offer of judgment / proposal for settlement: New procedural requirements make it harder to trigger fee-shifting against insurers.
- Reservation of rights: Insurers who defend under a reservation of rights now have clearer (but narrower) pathways to avoid bad-faith exposure.
- Curative period: Insurers can cure certain bad-faith violations by tendering the full policy limits within a defined window.
The net effect: insurers have more tools to avoid bad-faith liability, which can reduce leverage for policyholders and injury victims in settlement negotiations.
Change #4 — Medical Damages and Letters of Protection (LOPs)
HB 837 limits the medical damages a plaintiff can present to a jury when treatment was provided under a letter of protection (LOP) — an arrangement where a medical provider agrees to defer billing until the lawsuit settles.
What Changed
Courts must now consider what Medicare or Medicaid would pay for the same services as a benchmark for “reasonable” medical costs. This can significantly reduce the damages available to plaintiffs who treated on LOP, because Medicare rates are often far below private-market rates.
Practically speaking, juries may see lower numbers for medical bills, reducing overall verdicts and settlement values in some cases.
Does HB 837 Apply Retroactively?
No — HB 837 is prospective, not retroactive. Florida courts have consistently held that the new provisions apply only to causes of action that accrued on or after March 24, 2023 (the date HB 837 was signed into law).
- If your accident happened before March 24, 2023 → old 4-year SOL and pure comparative fault still apply.
- If your accident happened on or after March 24, 2023 → new 2-year SOL and modified comparative fault apply.
How HB 837 Affects Your Specific Case
| Accident Type | Key HB 837 Issue to Watch |
|---|---|
| Car accident (rear-end) | Insurers will argue shared fault to push you over 51% |
| Slip and fall | Property owners will claim you were more than 50% at fault |
| Truck accident | Complex liability chains; 2-year deadline critical for investigation |
| Wrongful death | 2-year SOL; beneficiary identification must start immediately |
| Motorcycle accident | Bias against riders makes comparative fault arguments especially aggressive |
What You Should Do Right Now
- Identify your accident date — before or after March 24, 2023 determines which rules apply.
- Act fast on the 2-year deadline — evidence disappears, witnesses forget, and the clock doesn’t pause.
- Don’t give a recorded statement — insurers use it to build a comparative-fault argument.
- Document all medical treatment — LOP restrictions mean having records of what was billed and paid matters more than ever.
- Consult an attorney immediately — the strategic value of legal counsel increased dramatically under HB 837.
Frequently Asked Questions About Florida HB 837
Does the 2-year statute of limitations apply to my car accident?
Yes, if your car accident occurred on or after March 24, 2023. Accidents before that date still have the old 4-year limit. Either way, contact an attorney as soon as possible to preserve evidence and protect your rights.
What happens if I am 51% at fault in Florida after HB 837?
Under modified comparative negligence, being found 51% or more at fault completely bars your recovery. Insurance adjusters know this and will try to assign you more than half the blame. An experienced attorney can counter this tactic with evidence and expert witnesses.
Can I still sue for bad faith after HB 837?
Yes, but the requirements are stricter. The insurer now has opportunities to cure certain bad-faith conduct by tendering policy limits within a specific window. Talk to a Florida personal injury attorney to evaluate whether bad-faith claims are viable in your case.
How do letters of protection work under HB 837?
Letters of protection allow you to receive treatment now and pay the provider from your settlement. HB 837 limits the medical costs a jury can consider for LOP treatment by benchmarking against Medicare/Medicaid rates. This can reduce the damages visible to the jury, but your attorney can present evidence of actual market rates and the necessity of treatment.
Should I settle my Florida injury claim quickly because of HB 837?
No — rushing a settlement is rarely in your best interest. HB 837 creates pressure, but a skilled attorney can still maximize your recovery by building strong liability evidence, countering comparative-fault arguments, and negotiating from a position of strength. Call CrashHeros at (813) 331-2732 for a free, no-obligation review of your case.
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