Florida Personal Injury Laws: What You Need to Know After an Accident

Florida's Significant 2023 Tort Reform

Florida's personal injury legal landscape changed dramatically in March 2023 with the passage of HB 837, which Governor DeSantis signed into law. These changes significantly affect accident victims' rights and make understanding the new framework essential. This article provides an educational overview. It is not legal advice — consult a licensed Florida attorney for guidance specific to your situation.

New 2-Year Statute of Limitations

Florida's previous 4-year statute of limitations for negligence claims was reduced to 2 years for claims accruing after March 24, 2023. This is one of the most significant changes, as it gives accident victims substantially less time to investigate, prepare, and file their claims.

For accidents occurring before March 24, 2023, the prior 4-year period may still apply. Consult an attorney to confirm which limitation period applies to your specific claim.

Florida's New Modified Comparative Fault Rule

Florida previously followed pure comparative fault, which allowed recovery even if you were 99% at fault. HB 837 changed this to a modified comparative fault system with a 51% bar — if you are more than 50% at fault, you cannot recover anything. This aligns Florida with the majority of states but is a significant departure from the prior law.

Florida's No-Fault Insurance System (PIP)

Florida is a no-fault insurance state, meaning all drivers must carry Personal Injury Protection (PIP) coverage of at least $10,000. PIP pays for your medical expenses and a portion of lost wages regardless of fault, through your own insurer.

The PIP Threshold

To step outside the no-fault system and sue the at-fault driver for pain and suffering damages, your injuries must meet a 'serious injury threshold.' In Florida, this means your injuries resulted in:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement
• Death

Attorney Fee Changes

HB 837 also changed attorney fee provisions in a way that makes it more difficult to recover attorney fees in insurance litigation. This is a complex area with significant practical implications for how insurance cases are handled. An experienced Florida attorney can explain how these changes affect your specific situation.

Florida's Minimum Auto Insurance Requirements

• $10,000 Personal Injury Protection (PIP)
• $10,000 Property Damage Liability (PDL)
• Note: Florida does not require bodily injury liability coverage in most cases

Uninsured/Underinsured Motorist Coverage in Florida

Because Florida does not require BI liability coverage, UM/UIM coverage is particularly important. Insurers in Florida must offer UM coverage, but policyholders can waive it in writing. Given the large number of uninsured drivers in Florida, maintaining adequate UM coverage is strongly recommended.

Getting Help with a Florida Injury Claim

Florida's 2023 tort reform created a complex new legal environment with shorter deadlines and different fault rules. Acting promptly is more important than ever. Visit our Florida accident resources page or check your eligibility for assistance here.

Frequently Asked Questions

Does Florida's 2-year limitation apply to all personal injury claims?

The 2-year limit applies to negligence claims accruing after March 24, 2023. Other types of claims (intentional torts, strict liability) may have different limitation periods. Claims against government entities are subject to even stricter pre-suit notice requirements.

What is the serious injury threshold and why does it matter?

The threshold determines whether you can sue for pain and suffering beyond PIP benefits. If your injuries don't meet the threshold, you're generally limited to your PIP coverage for economic damages. An attorney can evaluate whether your injuries meet the threshold.