You may be entitled to substantial compensation if you or a loved one were injured in an accident. However, securing such financial recovery has become more difficult. The recent Florida personal injury law changes in House Bill 837 have created potential roadblocks for injury victims. While its goal was to streamline the system, many victims have found the new law challenging to navigate. Fortunately, you may still have a case worth pursuing.
At Long & Jean, P.A., our dedicated legal team has been tracking all key changes in the law. The statute took effect the moment Governor DeSantis signed it. Because of this early adoption, we’ve had substantial time to analyze its implications and help our clients find ways to secure compensation even under the new law. Here’s what you need to know moving forward.
House Bill 837 & Florida’s Tort Reform: Key Changes
When politicians introduced Florida House Bill 837, they claimed the statute would benefit our state. They said it would reduce frivolous lawsuits and balance the interests of plaintiffs and defendants. Many have found that the true implications of HB 837 are far more harmful to injury victims than initially promised. The law focused on key changes to the following areas:
- Statute of limitations
- Changes to the negligence system
- Revisions to bad-faith insurance claims
- Changes to medical damages calculations
- Limitations on attorney fees
One would hope these Florida personal injury law changes would benefit plaintiffs and defendants equally. Yet, many people believe the statute only added additional burdens for injury victims. Increased evidentiary burdens, shortened deadlines, reductions in potential damages, and limits on civil claims are just the tip of the iceberg.
The most recent Florida personal injury law updates relate directly to House Bill 837. Therefore, injury victims must understand the statute before proceeding.
Shortened Statute of Limitations
Florida’s statute of limitations sets the deadline for an injury victim to seek compensation. Some cases in the state, such as those related to professional negligence and medical malpractice, have had a two-year statute of limitations. This means victims could not file an injury claim if they failed to do so within two years.
Previously, the Florida statute of limitations personal injury law set the deadline for general negligence claims at four years. Car accidents, slips and falls, and other common injuries fall into this category. Unfortunately, House Bill 837 reduced this timeline to two years. This adjustment means victims injured due to negligence have less time to file a claim.
This is easily one of the toughest Florida personal injury law changes. If victims can’t file a lawsuit, they have no leverage to make insurance companies pay them fairly. And while two years may seem like more than enough time to file, issues with ongoing treatment, insurance company delays, misidentified defendants, and other problems can cause this deadline to sneak up on a person.
Modified Comparative Negligence
House Bill 837 also introduced changes to negligence rules used in Florida personal injury cases. Our state has long recognized comparative negligence rules. This means that plaintiffs’ negligence would not disqualify them from financial recovery. Courts considered proportional negligence and granted compensation based on those numbers.
For instance, envision a scenario where a victim contributed to their own accident. A jury may decide that the victim was 70% at fault for their injury, while the defendant was only 30% at fault. If damages amounted to $1 million, the plaintiff could still recover 30% of that amount from the defendant. This changed dramatically with the introduction of HB 837.
Instead, Florida now recognizes modified comparative negligence. While courts still award damages proportional to negligence, the plaintiff’s negligence now has a cap of 50%. If a court decides that the injury victim was at least 51% at fault for their injury, then the law bars them from recovering anything at all.
Because of this, insurance companies will try to argue that you share the blame for what happened. Our law firm has seen this dishonest approach too often, so we work diligently to find the evidence necessary to show our clients are the true victims in these situations.
Damage Caps & Limits on Compensation
When we think of Florida tort reform 2025, we think of new changes. Yet one of the most devastating changes for plaintiffs has been brewing for years. The legislature introduced several bills over the years to alter damage caps, which limit how much financial compensation an injury victim can recover. With House Bill 837, politicians finally pushed through reform.
Unfortunately, this reform is not favorable for plaintiffs. That’s because non-economic damages now have a cap of $500,000 in most personal injury cases. For instance, victims in dog bite cases may face pain and emotional distress for the rest of their lives. Some may even be afraid to leave home. Sadly, Florida now limits potential damages for that victim.
The law also placed caps on punitive damages. Rather than providing compensation for the victim’s losses, these damages focus on punishing the defendant for particularly egregious behavior. Thanks to the newest Florida personal injury law changes, these damages are capped at the greater of either $2 million or triple the awarded compensatory damages.
This change can substantially reduce the potential financial recovery secured by injury victims. Even if non-compensatory damages would have amounted to 10 times compensatory damages under the old rules, victims will secure far less. That’s why our law firm fights to maximize every form of compensation available to our clients. We’ll work hard to secure justice and financial recovery on your behalf.
Civil Procedure Updates
Not all significant Florida personal injury law changes relate to House Bill 837. In fact, recent changes to Florida’s legal process took effect January 1, 2025. These updates were intended to streamline case management and discovery rules. These changes can be fairly complicated, and sadly, they have made it more challenging for citizens to navigate the legal process independently.
Our law firm’s case results show that we’re able to professionally navigate the changing dynamics of Florida personal injury law. This includes updates to civil procedures mandated by HB 837. These procedural reforms focused on reducing delays, promoting active judicial management, and improving the overall efficiency of Florida civil litigation.
The following civil procedure updates highlight how important it is to have an experienced personal injury attorney on your side:
- Mandatory case management tracks: All civil cases must be assigned to one of three tracks. Each track will dictate deadlines, procedural requirements, etc.
- Initial discovery disclosures: Parties to civil cases must now provide initial discovery disclosures early in the litigation process.
- Proportional discovery and duty to supplement: Discovery must now be proportional to the case’s needs, and an ongoing duty exists to supplement discovery responses.
- Revised summary judgment procedures: Response deadlines for motions for summary judgment are now tied to the service of motion date rather than the hearing date.
- Conferral requirement before filing motions: Parties must now confer in good faith to resolve issues before filing certain motions.
- Stricter continuance policies: Continuances will not be granted without good cause.
If this all sounds complicated, that’s because it is. The 2025 Florida tort reform has significantly changed our state’s personal injury law. At this point, it’s probably become clear that most of these changes only complicated matters for injury victims. Those who try to navigate these issues without a personal injury attorney could receive reduced damages, potentially being denied any compensation at all, as they face a changing and increasingly complicated system.
Fortunately, you don’t have to go through this alone. We’re here to help you navigate these complexities. Contact us today for your confidential consultation.
Insurance Industry Reforms
Many of the HB 837 implications for injury victims relate to insurance companies rather than plaintiffs. Even so, the effect on injury victims is undeniable. One of the most significant changes to the law involves stricter standards for bad faith claims. Individuals can file bad faith claims against insurers when those insurers act in “bad faith.” This scenario means the insurer engaged in wrongful or dishonest behavior while handling claims, such as denying claims they know are legitimate.
These claims can result in insurance companies owing money to victims separately from their injury case. At the same time, new legislation in Florida has made it more difficult for plaintiffs to pursue these claims. For instance, insurers now can correct their bad faith prior to a lawsuit. Penalties against insurers can also be reduced due to third-party actions, and insurance companies have additional protections if they make a timely, reasonable offer during the 90-day “cure” period.
Insurance companies also benefit from changes in the attorney’s fees rules. Plaintiffs could recover these fees whenever they prevail in their case. Even securing $1 more than the insurer’s original settlement offer made plaintiffs eligible to recover their legal costs. House Bill 837 changed that so all parties pay their own legal fees. Importantly, our law firm works on a contingency fee basis, so we don’t get paid unless you do.
Financial Protections for Vulnerable Adults
When considering Florida personal injury law changes, reviewing seemingly unrelated updates that could have an effect is important. One example is Senate Bill 556, which was enacted to provide additional financial protection for vulnerable adults. By law, financial institutions can freeze or delay transactions for up to 30 days if they suspect exploitation. Doing so protects them from civil liability when making good faith decisions to delay transactions.
This action could affect personal injury outcomes in many ways. Consider that elderly individuals who secure substantial injury settlements are often targeted by criminals. Under the new law, banks can minimize the risk of scams. However, Floridians have also lost the ability to sue financial institutions for harm suffered due to their funds being frozen. These victims must show that the bank’s actions were not taken in good faith.
In such situations, having experienced legal assistance on your side can be invaluable. Our law firm can help you understand your options.
Workers’ Compensation Adjustments
While not directly related to personal injury law, several workers’ compensation changes in our state have occurred lately. Notably, parties involved in a case are no longer automatically entitled to Expert Medical Advisor (EMA) review. The law once allowed an EMA to be brought in if the judge or either party identified a conflict in the medical opinions of at least two authorized physicians or medical advisers. Now, the judge has discretion over whether an EMA should be used.
While this might not be a positive change, other workers’ comp updates are more favorable. For example, Senate Bill 362 increased medical provider reimbursement rates for both physician services and surgical procedures. The law also increased the maximum fee for expert medical witnesses from $200 to $300 per hour. Put simply, these changes mean injured workers will likely have access to improved medical care.
At the same time, the impact of House Bill 837 remains relevant for individuals injured on the job. The law typically bars these workers from suing, but key exceptions exist. If you’ve been injured at work, our law firm can help you understand whether you’re eligible for personal injury compensation. More importantly, we can help you navigate the complexities of the changes in Florida’s personal injury law.
Navigating the Changes to Florida Personal Injury Law
If you or a loved one suffered an injury or loss due to wrongful acts, the road ahead might seem impossible to navigate. Dealing with insurance companies, negligent defendants, and legal requirements while trying to recover after an accident can be overwhelming. This becomes even more difficult when state politicians completely change how the system works.
In these situations, having knowledgeable legal counsel can make all the difference. Our law firm is a dedicated team of legal professionals committed to fighting for our clients’ best interests. We’ve seen what can happen when injury victims attempt to take on insurers and the court system alone. This situation is not something we’d wish on anyone.
Contact our team today to discuss your case during a free, no-obligation consultation.
