Major Changes to Florida Personal Injury Law: What You Need to Know
Founder & Principal Attorney
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In March 2023, Governor Ron DeSantis signed House Bill 837 into law, bringing major reforms to personal injury cases in Florida. These changes affect how and when you can file a claim, how fault is assessed, and what evidence you can present in court.
What Changed and Why It Matters
Florida law used to be more favorable to injury victims. But with the passing of HB 837, several protections have been rolled back. Here’s how the law has changed:
1. Shorter Time to File
Before: You had 4 years to file a personal injury lawsuit.
Now: You only have 2 years.
Why it matters: If you wait too long, you could lose your right to recover completely.
2. New Fault Rules
Before: Florida used a pure comparative negligence system. You could still recover damages even if you were mostly at fault (e.g., 90% at fault still let you recover 10%).
Now: Florida uses modified comparative negligence. If you are found to be more than 50% at fault, you get nothing.
Why it matters: Insurance companies will try even harder to shift blame onto injury victims.
3. Limits on Medical Evidence
Before: Injury victims could present full medical bills, even if no one paid them, as proof of damages.
Now: The court only allows evidence of reasonable and actually incurred costs. There are also stricter rules about showing who paid for your care (health insurance, LOP, etc.).
Why it matters: It may be harder to prove the full extent of your medical damages without strategic legal planning.
What You Should Do
If you've been injured, you now have less time to file and less room for error. These changes are designed to benefit insurance companies, not victims. That’s why hiring the right legal team is more important than ever.
At the Law Office of Daniela Carmona, we stay ahead of legal changes to protect your rights. We’ll fight for the compensation you deserve, and we don’t charge unless we win.
If you have questions about how the new law affects your case, contact us today for a free consultation.