Florida Personal Injury Laws: What Injury Victims Need to Know in 2025
Florida’s personal injury legal landscape changed significantly in 2023 when Governor Ron DeSantis signed HB 837 into law. The changes were sweeping — they cut the time injury victims have to file claims, raised the bar for shared-fault cases, and altered provisions that affect bad faith insurance litigation. If you were injured in Florida and are trying to understand your rights, start with the rules that now govern your case. This page covers the most important parts of Florida personal injury law as they apply to accident victims today.
Florida’s 2-Year Statute of Limitations — A Shortened Window
One of the most significant changes under HB 837 was cutting Florida’s personal injury statute of limitations from four years to two years. The statute of limitations is the legal deadline by which you must file a lawsuit — miss it, and your right to pursue compensation in court is gone, no matter how serious your injuries are.
The two-year clock typically begins on the date of the accident. For a wrongful death claim, the same two-year period runs from the date of death.
Two years is less time than it sounds. Serious injury cases demand substantial preparation: gathering medical records, retaining experts, identifying all defendants, and documenting the full scope of damages. A case handled correctly from the start stands in a much stronger position than one where an attorney is retained under deadline pressure.
If you were injured in 2023 or later, your deadline is two years from the accident date. If your injury predates HB 837, consult an attorney to determine the deadline for your situation.
Modified Comparative Negligence — The 51% Bar Rule
Before HB 837, Florida used a pure comparative negligence system — even a plaintiff who was 99% at fault could recover 1% of damages. HB 837 replaced that with a modified comparative negligence system that has a strict cutoff.
Under Florida’s current rule:
Your damages are reduced in proportion to your percentage of fault.
If you are found 51% or more at fault for your own injuries, you may not recover at all.
The threshold is 51% or more — not “more than 50%.” A plaintiff found exactly 50% at fault can still recover; at 51%, recovery drops to zero. The distinction matters in close cases.
This change gives insurance companies a powerful financial incentive to argue that you were 51% or more responsible for the accident that injured you. An attorney who understands this dynamic — and counters it with evidence — directly affects your ability to recover.
Florida’s No-Fault PIP System — $10,000 and the 14-Day Rule
Florida requires every registered vehicle to carry at least $10,000 in Personal Injury Protection (PIP) coverage. PIP is the foundation of Florida’s no-fault auto insurance system: when you are injured in a car accident, your own PIP pays first, regardless of who caused the crash.
PIP covers:
- Medical expenses: 80% of reasonable and necessary treatment costs, up to the $10,000 limit.
- Lost wages: 60% of wages lost when an accident-related injury keeps you from working.
- Replacement services: Partial reimbursement for household services you cannot perform.
The 14-day treatment rule is absolute: you must seek medical care within 14 days of the accident, or you lose your PIP benefits entirely. This deadline catches many accident victims off guard — particularly those whose symptoms develop gradually in the days after a crash.
PIP is a starting point, not a complete solution. It does not cover pain and suffering or 100% of medical bills, and its $10,000 cap is exhausted quickly in any serious injury case.
Florida Does Not Require Bodily Injury Liability Coverage
A critical gap in Florida’s mandatory insurance requirements: the state does not require drivers to carry bodily injury (BI) liability coverage. BI coverage compensates an injured person when you cause an accident. Without it, a driver who injures you has no insurance mechanism to pay your damages.
Florida consistently ranks among the states with the highest rates of uninsured and underinsured drivers. Uninsured/underinsured motorist (UM/UIM) coverage on your own policy is your most important protection against this gap — review your policy to confirm you carry adequate UM/UIM limits.
The Serious Injury Threshold — When You Can Sue for Pain and Suffering
Florida’s no-fault system limits your right to sue the at-fault driver for pain and suffering in auto accident cases. That right returns when your injuries meet the serious injury threshold:
- Significant or permanent injury: including herniated discs, spinal cord damage, traumatic brain injury (TBI), or any injury with lasting effects.
- Significant and permanent scarring or disfigurement: visible, lasting changes to your appearance caused by the accident.
- Death: families may bring a wrongful death claim.
When your injuries meet this threshold, you can step outside the no-fault system and pursue full compensation for pain and suffering, future medical expenses, and other damages PIP does not address.
Wrongful Death Claims in Florida
When a car accident, slip and fall, medical error, or other negligent act causes a person’s death, Florida law allows certain surviving family members to bring a wrongful death claim. The statute of limitations for wrongful death in Florida is two years from the date of death.
Wrongful death claims may recover medical expenses incurred before death, funeral and burial costs, lost financial support, and compensation for the survivors’ grief and lost companionship. Florida’s wrongful death law is specific about which survivors may bring a claim and what damages each may recover. An experienced attorney can clarify the rules that apply to your family’s situation.
HB 837 — The Broader Impact
HB 837 made changes beyond the statute of limitations and comparative fault. The law also modified provisions related to bad faith insurance claims, how medical damages are presented, and attorney fee structures. Courts are still interpreting some of these changes.
In practical terms, HB 837 means that acting quickly and working with an experienced attorney matters more than it did before. The two-year deadline is unforgiving, and the 51% fault bar gives insurers a stronger motive to build contributory fault arguments.
Understanding HB 837’s impact on your specific case — car accident, slip and fall, product liability, or another personal injury matter — is part of what an initial consultation covers.
Choosing a Personal Injury Attorney After HB 837
Florida’s post-HB 837 environment makes attorney selection more consequential than before. You need an attorney who:
Understands the current law and how courts are interpreting HB 837’s provisions
Has the trial experience and preparation that motivate insurers to settle fairly rather than fight
Moves quickly to preserve evidence, establish liability, and develop your damages case within the shortened timeframe
Has the resources and commitment to take a case to trial when insurers refuse to offer fair value
Eric A. Hernandez at HLM Injury Lawyers brings more than 25 years of trial experience to every case. He served as an Assistant U.S. Attorney for the Southern District of Florida, clerked for Chief Justice Charles T. Wells of the Florida Supreme Court, and is admitted to the U.S. Supreme Court Bar. He handles cases throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of South Florida.
Frequently Asked Questions
Q: How long do I have to file a personal injury lawsuit in Florida? A: Two years from the date of the accident for most personal injury claims. HB 837 cut the previous four-year period in half. Missing this deadline eliminates your right to sue, no matter how serious your injuries are. Contact an attorney promptly to protect your rights.
Q: What changed about comparative fault in Florida? A: Florida moved from a pure comparative fault system to a modified comparative fault system under HB 837. If you are found 51% or more at fault for your own injuries, you may not recover anything; at exactly 50%, you can still recover. Previously, any plaintiff — regardless of fault percentage — could recover some portion of damages.
Q: Does PIP cover everything after a car accident? A: No. PIP covers 80% of medical expenses and 60% of lost wages up to a $10,000 limit. It does not cover pain and suffering or the remaining 20% of medical bills, and it is exhausted quickly in serious injury cases. When injuries are serious, a claim against the at-fault driver may provide additional recovery.
Q: Can I still file a claim if I was partially at fault for the accident? A: Yes — as long as your fault is below 51%. If you are 30% at fault, you recover 70% of your total damages. An attorney can help prevent insurers from improperly inflating your fault percentage.
Q: What is the statute of limitations for wrongful death in Florida? A: Two years from the date of death. Florida’s wrongful death law specifies which family members may file and what damages each may recover. Consult an attorney as soon as possible after a loved one’s death caused by another’s negligence.
Q: What is the serious injury threshold and why does it matter? A: It determines whether you can step outside the no-fault system and sue the at-fault driver for pain and suffering in a car accident case. The threshold is met by a significant or permanent injury, significant and permanent scarring or disfigurement, or death. If your injuries do not meet it, you are limited to PIP benefits.
Contact HLM Injury Lawyers — Free Consultation
Florida’s personal injury laws are more restrictive today than they were two years ago — and the clock on your claim is already running. The decisions you make now determine your options later.
Attorney Eric A. Hernandez at HLM Injury Lawyers is ready to evaluate your case, explain your rights under current Florida law, and build the strongest claim on your behalf.
Call today for a free consultation.
(305) 842-2100 3301 N. University Dr., Suite 100 Coral Springs, FL 33065
Serving Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County and South Florida. Spanish-language service available.