Florida's 2023 Tort Reform Law Reshapes Civil Litigation Landscape

Florida's civil litigation landscape has undergone fundamental transformation since Governor Ron DeSantis signed House Bill 837 into law on March 24, 2023. The legislation represents one of the most comprehensive tort reform measures in state history, introducing sweeping changes that affect everything from insurance bad faith claims to evidence rules and defendant negligence standards. These reforms have created new challenges for personal injury attorneys and plaintiffs seeking compensation for injuries.

One of the most consequential changes implemented by HB 837 involves the statute of limitations for negligence claims. The legislation reduced the filing deadline from four years to just two years, significantly compressing the timeframe available for injured parties to initiate legal action. A statute of limitations establishes the legal deadline for filing lawsuits, and once this period expires, the right to seek compensation is essentially forfeited. While limited exceptions exist for circumstances such as tolling provisions or minor plaintiffs, these carve-outs remain narrow and infrequently applicable.

The reform also fundamentally altered Florida's approach to comparative negligence, shifting from a pure comparative negligence model to a modified comparative negligence system. Under the new framework, plaintiffs cannot recover damages if they contributed more than 50% of the fault for the incident causing their injuries. This represents a dramatic departure from the previous standard, which allowed plaintiffs to recover damages even when they bore majority responsibility for the accident, though their recovery would be reduced proportionally to their degree of fault.

These statutory changes have profound implications for accident victims and their legal representation. The compressed two-year filing window necessitates prompt action following injuries, as delayed medical treatment documentation, evidence collection, and legal strategy development can compromise case viability. The modified comparative negligence standard introduces additional complexity, requiring careful assessment of fault allocation before proceeding with litigation. Legal experts note that these reforms may disproportionately affect vulnerable populations who face barriers to quickly accessing legal services following accidents.

The cumulative effect of these changes extends beyond individual cases to influence broader legal and insurance industry practices. Insurers may adjust settlement strategies in response to the shortened litigation timeline, while attorneys must recalibrate case evaluation methods to account for the stricter negligence thresholds. These reforms continue to shape Florida's civil justice system two years after implementation, with ongoing legal challenges and interpretive questions working their way through state courts. The long-term impact on claim frequency, insurance premiums, and access to justice remains subject to ongoing analysis as the legal community adapts to this transformed litigation environment.