Florida's 2023 tort reform: how the 51 percent fault rule affects your injury claim

On March 24, 2023, Governor DeSantis signed House Bill 837, the most significant change to Florida personal injury law in decades. It shortened deadlines, changed how medical bills are proven and, most importantly for many families, replaced pure comparative negligence with a modified system. If you were injured after that date, these rules apply to you.

From pure to modified comparative negligence

Before the change, Florida followed pure comparative negligence. An injured person could recover damages even if they were 90 percent at fault, with the award reduced by their share of blame. Under the new law, codified in Section 768.81, a plaintiff who is found more than 50 percent at fault recovers nothing.

In practical terms, a 50 percent finding still allows recovery, reduced by half. A 51 percent finding ends the case. That single percentage point gives insurance companies a powerful incentive to argue that you share the blame, and it makes the quality of the early investigation more important than ever.

How fault gets assigned

Jurors assign percentages of fault based on the evidence they see. Adjusters estimate those percentages long before trial to decide what to offer. Common arguments insurers make include:

• You were speeding, even slightly, when another driver turned in front of you.
• You were looking at your phone or navigation screen.
• You were not wearing a seat belt, which can reduce damages for certain injuries.
• In slip and fall cases, you were distracted or wearing inappropriate shoes.
• As a pedestrian, you crossed outside a marked crosswalk.

Many of these arguments fall apart when real evidence is collected. Traffic camera footage, vehicle event data and independent witness statements often show exactly who created the danger. Without that evidence, an insurer's version of events can become the only version.

The shorter statute of limitations

HB 837 also cut the general negligence statute of limitations from four years to two years. For car crashes, falls and most other injury claims arising after March 24, 2023, you generally have two years to file a lawsuit. Medical malpractice and wrongful death claims have their own deadlines and pre-suit requirements. Missing the deadline usually means losing the right to recover entirely.

Changes to how medical damages are proven

The law changed what evidence juries can see about medical bills. For patients with health insurance, the amount actually paid, rather than the full amount billed, now carries more weight. Letters of protection, which allow treating doctors to wait for payment until a case resolves, must be disclosed along with referral relationships.

These changes do not mean you cannot recover fair compensation for medical care. They do mean your legal team must build the medical damages case carefully, often with billing experts and life-care planners who can explain the true cost of future treatment.

Bad faith claims were narrowed too

Before 2023, insurers who failed to settle within policy limits could face bad faith liability for the full value of a verdict. The new law gives insurers a safe harbor if they tender the policy limits within 90 days of receiving a claim with sufficient information. It also allows insurers to argue that a claimant's own conduct contributed to the failure to settle.

Every one of these changes rewards the side that moves first and documents best.

What this means for you

If you were hurt, act quickly, avoid discussing fault with any insurance company and let an experienced injury firm gather evidence before it disappears. At Hartwell & Pierce, our investigators are often at the crash scene or the store within 48 hours. The goal is simple: make sure the percentage of fault reflects what actually happened, not what an adjuster wants to believe.

A free consultation will tell you how the new rules apply to your specific situation. There is no cost and no obligation, and our team can meet with you in English or Spanish.