What Florida’s HB 837 Really Means for Your Personal Injury Claim

I've been practicing personal injury law in Florida for 16 years, and I've never seen clients more confused about their rights than they are right now.

The calls started coming in shortly after HB 837 became law. Those who called were people who'd been injured in accidents, people who knew their rights were changing, but had no idea what that actually meant for them.

"Can I still file a claim if the accident was partly my fault?"

"Is it true I only have two years now instead of four?"

"My insurance company is saying my medical bills don't count the way they used to. Is that right?"

Here's what I tell them: HB 837 fundamentally changed the playing field for personal injury cases in Florida. But understanding what actually changed—and what it means for real people dealing with real injuries—requires cutting through the confusion.

The Two-Year Clock That Cuts Your Time in Half

Let's start with the change that affects everyone: the statute of limitations.

For any accident that occurred on or after March 24, 2023, you now have two years to file a personal injury claim instead of four. Florida Statutes § 95.11 was amended to cut the previous deadline in half, and this isn't just a technical detail buried in legal paperwork.

Two years sounds like plenty of time until you're the one recovering from serious injuries.

You're dealing with medical appointments, physical therapy, trying to get back to work, and managing bills that keep piling up. Months pass faster than you realize. Before you know it, you're approaching that deadline, and if your attorney doesn’t file your complaint before the two year time period expires, your right to compensation disappears completely.

The intent behind this change was to reduce the volume of litigation flooding Florida's courts. But it places a heavier burden on injured people who are already struggling with recovery.

The 51% Rule That Can Cost You Everything

This is the change that keeps me up at night on behalf of my clients.

Florida now operates under what's called modified comparative negligence. If you're found to be more than 50% at fault for your own injuries, you can't recover anything. Not a dollar. Not even if the other party was clearly negligent too.

Before HB 837, Florida followed pure comparative negligence under Florida Statutes § 768.81. Even if you were 75% at fault in an accident, you could still recover 25% of your damages. That's no longer the case.

One percentage point now makes the difference between getting compensation for your injuries and walking away with nothing.

I've seen how this plays out. Insurance companies know this rule, and they use it aggressively. They'll comb through police reports, send investigators to accident scenes, and review every statement you've made looking for ways to push your fault percentage above 50%.

A pedestrian hit by a distracted driver? The insurance company argues you should have been more careful crossing the street.

A driver rear-ended at a stoplight? They claim you stopped too suddenly.

The tactics haven't changed. But now the stakes are higher.

Medical Bills: Only What Was Actually Paid Counts

Here's a change that catches people off guard when their case goes to trial.

HB 837 seems to limit admissible evidence to the amount actually paid for medical treatment. For example, if your medical bills totaled $100,000 but insurance paid $10,000, you can no longer simply present the gross amount to the jury. Instead of keeping the existence of insurance out entirely, HB 837 now allows the jury to know about insurance payments and consider those payments when determining its verdict.

This represents a major shift from prior law, where the full amount of the bill would be presented to the jury and any insurance payments would be resolved post-verdict. In that way, the existence of insurance does influence the jury in either direction. Now, jury pools throughout Florida will certainly return smaller verdicts when they know Plaintiffs are covered by insurance. It's human nature and it will affect Plaintiff's rights throughout Florida for the foreseeable future.

Insurance Companies Have a 90-Day Safe Harbor

HB 837 gives insurance companies new protections that make it harder to hold them accountable for bad faith practices.

Under the new law, insurers have a 90-day safe harbor period. When they receive notice and sufficient proof of a third-party claim, they can tender policy limits within that window to avoid bad faith exposure.

The law also makes clear that mere negligence in handling a policy limits demand isn't enough to establish bad faith. You now have to send written notice detailing the alleged bad faith violations and give the insurer 90 days to correct them.

What this means in practice: insurance adjusters can be more aggressive in disputing claims. They have more room to delay, more protection from consequences, and more leverage in negotiations.

Without legal representation, you could spend months battling an insurance company and make no real progress.

What This Actually Means for Florida Accident Victims

The political debates around HB 837 have focused on reducing frivolous lawsuits and controlling insurance costs. But the people most affected aren't politicians or insurance executives.

They're everyday Floridians whose lives get turned upside down by serious accidents.

I think about the clients I've represented over the past 16 years. I think about the woman who called me after being hit by a van that fled the scene and all of the people dealing with nursing home negligence, medical malpractice, and seriousmotor vehicle accidents.

These aren't frivolous claims. These are people seeking justice for real harm.

Under HB 837, they face:

• Tighter deadlines that leave less time to focus on recovery before making legal decisions
• Higher stakes on fault determinations where one percentage point can eliminate their entire claim
• Stricter evidence rules that limit what can be presented about their medical costs
• Increased insurance resistance at every step of the claims process

The law tilts the playing field toward insurers and corporate defendants. That's not speculation. That's the practical effect of these changes.

Common Misconceptions I'm Hearing From Clients

Misconception: "If I was even slightly at fault, I can't recover anything."

Not true. You can be up to 50% at fault and still recover damages. Your recovery will be reduced by your percentage of fault, but you're not automatically barred from compensation unless you're more than 50% at fault.

Misconception: "The two-year deadline applies to accidents that happened before March 2023."

The two-year statute of limitations only applies to accidents occurring on or after March 24, 2023. If your accident happened before that date, the previous four-year deadline still applies.

Misconception: "I should wait to see how my injuries develop before talking to a lawyer."

Waiting can hurt your case. Evidence disappears, witnesses' memories fade, and you're burning through that two-year deadline. Getting legal advice early doesn't mean you have to file a lawsuit immediately. It means you're protecting your rights while you focus on recovery.

What You Need to Do Differently Now

If you're injured in an accident in Florida, the rules have changed in ways that require you to act faster and more strategically.

Document everything immediately. Take photos of the accident scene, your injuries, and all property damage. Get contact information for witnesses. Request copies of police reports and medical records.

Be careful what you say to insurance adjusters. They're looking for statements they can use to increase your percentage of fault. You're required to report the accident to your own insurance company, but you don't have to give a recorded statement to the other driver's insurer without legal representation.

Don't wait to seek legal advice. The two-year deadline is real, and insurance companies know how to use the new fault rules to their advantage. Understanding your rights early gives you more options.

Keep detailed records of all medical treatment and expenses. Under the new evidence rules, what gets paid matters more than what gets billed. Track everything related to your care and recovery.

Why Direct Access to Your Attorney Matters More Than Ever

I've always believed that my clients deserve direct communication with me, not just with paralegals or case managers. Under HB 837, that direct access matters even more.

The fault determinations are more complex. The evidence rules are more strict. The insurance company tactics are more aggressive. You need someone with 16 years of experience navigating these cases, someone who understands how the new law works in practice, not just in theory.

I know what it feels like when tragedy turns your life upside down. I was in a terrible car accident at 17 that put me in a coma for a week. I understand the stress, the uncertainty, and the feeling that everything is out of your control.

That personal experience shapes how I approach every case. This is your one case, your one opportunity to achieve justice. I don't take that lightly.

Over the past 16 years, I've collected well over $100 million in settlements for my clients. I've tried numerous cases to verdict, including my first million-dollar verdict in 2008. I know how to navigate the personal injury process, resolve disputes, and achieve the best possible outcome based on the facts of your accident.

Under HB 837, the path to that outcome has gotten more complicated: The window of time is shorter, the margin for error is smaller, and insurance companies have more tools to fight your claim.

If you've been injured in an accident, you need to understand your rights under the new law. You need to know how the changes affect your specific situation.You need to act before that two-year deadline starts closing in.

The law has changed. Your approach to protecting your rights needs to change too.

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FAQs: Florida Personal Injury Claims After HB 837

How long do I have to file a claim in Florida now?
Most personal injury claims must be filed within two years of the accident if it occurred on or after March 24, 2023.

Can I still recover compensation if I was partly at fault?
Yes, as long as you are fifty percent or less at fault. If you are more than fifty percent responsible, recovery is barred.

Do medical bills still matter if insurance paid them?
Yes, but juries are generally limited to considering amounts actually paid rather than amounts billed.

Are insurance companies harder to hold accountable now?
Yes. HB 837 created a ninety day safe harbor that provides insurers with additional protection against bad faith claims.

Should I talk to a lawyer before dealing with insurance?
Yes. Early legal guidance helps protect your rights, preserve evidence, and avoid mistakes that could reduce or eliminate your claim.

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