By Clint Wallace | Scott & Wallace Law
In 2023, Florida overhauled its personal injury laws. If you’ve been hurt in an accident, these changes directly affect how much you can recover — and how long you have to act.
What Changed
House Bill 837 (2023), codified at Fla. Stat. § 768.81, moved Florida from a pure comparative negligence standard to a modified comparative negligence standard with a 51% bar for negligence actions. In plain terms: a person who is found more than 50% at fault for their own harm now recovers nothing. Under the old rule, that same person could still recover a reduced amount.
Medical negligence (medical malpractice) actions are excluded from this change and remain under the pure comparative standard.
HB 837 also shortened the statute of limitations for general negligence claims from four years to two years (Fla. Stat. § 95.11), for causes of action accruing after March 24, 2023.
The Bottom Line for Florida Accident Victims
If you are found more than 50% responsible, you recover nothing — which is exactly why insurance companies work so hard to shift blame onto injured people. Our attorneys know how adjusters build those arguments, and how to defeat them.
Different rules apply to medical malpractice claims and to accidents that occurred before March 24, 2023. Contact us and we’ll tell you exactly which rules govern your case.
If you or a loved one has been injured, don’t wait — with the filing deadline now as short as two years, time matters. Call Scott & Wallace Law for a free consultation.
For a deeper explanation of how comparative negligence works in car-accident claims, see our article Florida Auto Accident Laws: Comparative Negligence and Your Injury Claim.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Scott & Wallace LLP. For advice about your specific situation, contact one of our licensed Florida personal injury attorneys.
