Florida Tort Reform – Understanding HB 837 and Its Impact

When a serious accident disrupts your life in Tampa or Orlando due to someone else’s negligence, legal changes are the last thing you should have to worry about. Yet, that’s exactly what happened for accident victims when Florida’s tort reform, implemented through House Bill 837, rewrote personal injury rules across the state in March 2023—slashing filing deadlines, overhauling fault calculations, and restricting certain damages. To help you make sense of these reforms, we’re here to break down what this law is, why it was passed, and how it affects your claim.

What Is Florida’s HB 837 Legislation?

Florida House Bill 837, Florida’s “Tort Reform Act of 2023,” is sweeping legislation that changes how personal injury cases work. If you’re dealing with a negligence claim, medical malpractice, or insurance dispute after March 24, 2023, this law affects you.

Why Was Florida Tort Reform Passed?

Florida lawmakers that were heavily lobbied by the insurance industry cited escalating problems that were making the state’s legal and insurance landscape unsustainable:

• Insurance Crisis: Florida families were paying $2,412 annually for car insurance compared to the national average of $1,668, making it one of the most expensive states for coverage. High premiums which were allegedly caused by the litigious legal environment were driving families to drop coverage or seek cheaper alternatives, which in turn forced insurers to reduce their offerings or exit the Florida market entirely. However, we believe these numbers are in doubt as it appears they were compiled by the insurance industry.
• Excessive Lawsuit Volume: Florida had 127.41 personal injury cases per 100,000 residents—which allegedly is 1,237% over the national average rate of just 9.53, creating a volume that was overwhelming court systems and delaying resolution for all cases.
• Medical Bill Concerns: Florida HB 837 now limits evidence to amounts actually paid rather than billed charges, addressing legislators’ concerns that some medical providers were charging unrealistic amounts specifically for court cases—often many times higher than standard Medicare rates—allegedly driving up costs for all patients. And we say allegedly because we have yet to see any reductions in costs despite HB837 passage.
• Court System Delays: Florida’s court backlogs meant personal injury cases could take several years from filing to trial, creating delays for genuine victims while clogging the system with cases of questionable merit.

4 Changes HB 837 Brings to Personal Injury Claims

Here’s how HB 837 changes the game for anyone dealing with a personal injury in Florida:

1. Shortened Filing Deadlines: You now have just 2 years instead of 4 to file a personal injury claim after your accident. We know this puts more pressure on families who are already dealing with recovery, but acting sooner rather than later can preserve your legal options.
2. New Fault Rules: If you’re found more than 50% responsible for your accident, you can’t recover compensation at all. A fault under 50% reduces your settlement proportionately.
3. Different Medical Damage Calculations: Courts now look at what was paid for your medical care, not the original bills invoiced. Since insurance companies negotiate lower rates with doctors and hospitals, this change means reduced payouts for both past and future medical expenses, lowering projected lifetime care costs.
4. Tougher Insurance Rules: Insurers get more time to investigate your claim and stronger defenses against bad faith claims. This may mean slower responses from insurers and more challenges in holding them accountable when they unreasonably delay or deny valid claims.

“When lawmakers talk about reducing ‘frivolous lawsuits,’ they don’t mean your case. Your injuries are real, your bills are real, and you deserve fair compensation. We’re here to help you meet the new deadlines and navigate stricter requirements so you can focus on healing.” — De Armas Law.

Frequently Asked Questions

1. Does Florida Tort Reform Affect Cases Filed Before March 2023? No, older cases use the old rules, including the 4-year statute of limitations and pure comparative fault.
2. Can Insurance Companies Reopen Old Settlements? No, HB 837 cannot retroactively affect settlements that were finalized before the law took effect.
3. Do The New Rules Affect No-Fault PIP and Car Accidents? Yes, you’ll deal with PIP coverage first (which didn’t change), but if you meet the serious injury threshold, the new laws apply to any claim against the at-fault driver.
4. How Do Florida Tort Laws Affect Wrongful Death Cases? The 2-year filing deadline and new fault rules apply, but medical damage calculations work differently since the deceased can’t receive ongoing treatment.
5. Does Florida HB 837 Change Health Insurance Rates? No, not directly. Note that overall healthcare costs and legal climate can influence insurance pricing over time.

Don’t Let Florida Tort Reform Work Against You

Between injuries, medical bills, and time off work, you have enough to worry about. At De Armas Law, we handle the legal complexities so you can focus on getting better. You’ll get direct attorney access and representation that puts your well-being first.

Call us for your free consultation: Tampa: 813-680-7777 | Orlando: 407-362-7777 | Pinellas: 727-260-7777. Available 24/7 because your recovery can’t wait.