House Bill 837, the most sweeping rewrite of Florida tort law in decades, took effect on March 24, 2023. Ch. 2023-15, Laws of Fla. Three years of appellate decisions and two more legislative sessions have now defined its practical shape — and what it means for anyone injured in Florida today. For those dealing with an insurance dispute after an injury, a Fort Lauderdale, FL insurance claim lawyer can help explain how these changes may affect the claim and the legal options available.
The two-year clock — and a closing four-year tail
Negligence actions accruing after March 24, 2023 must be filed within two years, half the former period. § 95.11(5)(a), Fla. Stat. (2025) (renumbered from § 95.11(4)(a)). Claims that accrued on or before that date keep the old four-year window — a tail that closes for good in early 2027. The practical message is the same either way: the era of waiting to pursue a claim is over.
The 51-percent bar Florida is no longer a pure comparative negligence state. A plaintiff found more than 50 percent at fault for his or her own harm recovers nothing, § 768.81(6), Fla. Stat., with an exception for medical negligence actions. Fault allocation — once merely a discount — can now be a complete defense, raising the stakes of accident reconstruction and early evidence preservation.
Medical damages under the microscope
Section 768.0427, Florida Statutes, limits medical-damages evidence to amounts actually paid and, for unpaid care, to coverage-based benchmarks — for uninsured, Medicare, or Medicaid claimants, 120 percent of the Medicare rate (or 170 percent of Medicaid where no Medicare rate exists). Treatment under letters of protection triggers detailed disclosures, including whether the claimant's attorney made the referral. The Fifth District has held these provisions apply only to actions filed after the effective date, sparing earlier-filed cases. Wolf v. Williams, No. 5D2023-3234 (Fla. 5th DCA Nov. 25, 2024).
What survived 2026
The Legislature's 2026 session changed remarkably little. The medical-negligence "free kill" law survived a third consecutive repeal effort: section 768.21(8), Florida Statutes, still bars adult children and parents of adult decedents from recovering pain-and-suffering damages in medical negligence wrongful death cases. The 2025 repeal (HB 6017) was vetoed on May 29, 2025, and the 2026 version (HB 6003) passed the House 88–17 in January only to die in the Senate.
Sovereign immunity caps likewise stand: a bill raising them to $350,000/$500,000 passed both chambers nearly unanimously but was vetoed on June 30, 2026, leaving the $200,000/$300,000 limits of section 768.28(5) in place. And Florida remains a no-fault state — the 2026 PIP-repeal bill (SB 522) died in committee, so the $10,000 personal injury protection regime of section 627.736 continues, with bodily-injury liability coverage still optional for most drivers.
One bright spot for claimants came from the Florida Supreme Court: a spouse who married the decedent after the injury is nevertheless a "surviving spouse" entitled to wrongful-death damages. Ripple v. CBS Corp., 385 So. 3d 1021 (Fla. 2024).
The takeaway
Shorter deadlines, a harsher fault rule, and tighter damages proof define the post-HB 837 landscape. Injured Floridians who act quickly — preserving evidence, documenting treatment, and consulting counsel early — retain every advantage the law still affords. Those who wait may find the courthouse door closed. If you are dealing with property damage after an accident, The People's Law Team, PA Property Damage Lawyers can help you understand your legal options and determine how to move forward with your claim.
About the Author
David Edwards, Esq., is a Florida litigation attorney with more than a decade of experience representing policyholders and injured people in first-party property insurance, personal injury, and insurance disputes throughout South Florida. He can be reached at [email protected].
This article is for general informational purposes only. It is not legal advice, and reading it does not create an attorney-client relationship. Legal developments change quickly; consult a licensed Florida attorney about your specific situation.
