Year in Review: Florida Personal Injury Law — What Changed and What’s Coming
Florida’s personal injury legal landscape continues to evolve in the wake of landmark tort reform. For injury victims, attorneys, and anyone who wants to understand their rights before an accident happens, keeping pace with those changes is not optional — it is essential. This year-in-review examines the ongoing impact of Florida’s 2023 tort reform law, how the legal and insurance environment has shifted in response, and what injury victims should expect as we move into 2027. Attorney Eric A. Hernandez and the team at HLM Injury Lawyers stay current on Florida personal injury law — and make sure our clients benefit from that knowledge.
The Continuing Impact of HB 837
Florida’s HB 837, signed into law in 2023, was the most significant overhaul of Florida tort law in decades. Its provisions did not arrive and then fade from relevance — they have fundamentally restructured how personal injury claims are brought, evaluated, and resolved across the state.
- The Two-Year Statute of Limitations
Before HB 837, Florida gave negligence plaintiffs four years to file a lawsuit. The 2023 reform cut that window in half — to two years from the date of the accident or injury. This change is now fully embedded in Florida practice, and its consequences continue to play out.
Two years sounds reasonable — until it is not. Factor in the time spent recovering, coordinating with medical providers, understanding your insurance situation, and deciding whether to pursue a claim, and two years can pass faster than most people expect. Every day of delay reduces the time available to investigate, build evidence, and — if necessary — file suit before the deadline.
- The 51% Comparative Fault Bar
Under HB 837, Florida replaced its previous pure comparative fault system with a modified comparative fault rule. A plaintiff who is found 51% or more at fault for the accident that caused their injuries recovers nothing — regardless of the severity of those injuries and regardless of the other party’s contribution to the harm.
This provision has had a measurable effect on how claims are contested. Insurance companies and defense attorneys now invest significant energy in arguing that the plaintiff bears primary responsibility for an accident. The 51% threshold is a complete defense — not a damages reducer — and insurers know it.
- Slip and Fall
In transitory substance slip-and-fall cases against businesses, a plaintiff must establish that the business had actual or constructive knowledge of the dangerous condition and failed to act. Constructive knowledge requires showing that the condition existed long enough that reasonable inspection should have revealed it, or that it occurred with such regularity that the business should have anticipated it.
In practice, this means surveillance footage and inspection records — which businesses often retain for only limited periods — are more critical than ever. Acting quickly to preserve that evidence is a legal necessity, not a preference.
How Insurance Companies Have Responded to Reform
Since HB 837 took effect, the insurance industry has grown more aggressive in defending and denying claims.
Increased early denials. Insurers now move more quickly to issue partial or complete denials of claims, particularly in cases involving soft-tissue injuries, where the lack of objective imaging findings gives them a factual basis for disputing injury severity.
More frequent independent medical examinations. Independent medical examination (IME) referrals — where the insurer requires the claimant to be examined by a physician of the insurer’s choosing — have increased. These examinations are routinely used to generate reports that minimize injury findings and cut off PIP benefits.
Greater emphasis on comparative fault arguments. With the 51% bar available as a complete defense, insurers are more systematically investigating and asserting contributory fault arguments. Social media evidence, prior traffic records, and surveillance footage are commonly used to build these arguments.
Harder negotiations. Insurers are aware that shorter limitation periods mean fewer cases make it to litigation, and they price their settlement offers accordingly.
For injury victims, the response to this environment is straightforward: retain experienced legal representation earlier in the process. An attorney who understands the post-HB 837 landscape can anticipate insurer tactics, preserve evidence, and build the record needed for a meaningful recovery.
What Florida Courts Have Said About HB 837
Since HB 837’s enactment, Florida courts have been working through questions of how the new rules apply to various factual situations — the scope of the constructive knowledge standard in slip-and-fall cases and procedural questions that arise from the fault allocation changes.
This evolving body of case law has generally confirmed that the reform provisions are being applied broadly. Courts have largely declined to create exceptions that would blunt the reform’s effects. For plaintiffs, this means the provisions of HB 837 are real constraints — not paper tigers that clever legal arguments can consistently work around.
The takeaway for injury victims is not that the system is stacked against them. It is that skilled legal representation matters more than it did before the reform. An attorney who knows how courts have applied the new rules can structure a case to succeed within the current framework.
Practice Trends — What Has Changed for Florida Injury Victims
Several practical trends have emerged in Florida personal injury practice since the reform took full effect:
Earlier case evaluation. Because the limitation period is shorter, attorneys and clients must move faster. Early investigation, prompt evidence preservation, and timely engagement with medical providers are now baseline requirements.
Greater importance of expert witnesses. In a legal environment where insurers push harder on causation, fault, and damages, the quality of retained experts — medical, engineering, accident reconstruction, economic — is more consequential.
Increased focus on documenting daily impact. Given the harder fight over non-economic damages, detailed documentation of how injuries affect daily life — symptom journals, family observations, employment records — has become more important in building claims.
Higher stakes for UM/UIM claims. As bodily injury liability coverage remains non-mandatory in Florida and the proportion of uninsured drivers remains high, uninsured motorist claims represent a growing share of serious injury recovery. Knowing how to handle UM claims — and how to challenge undervalued UM offers — is a core competency.
Looking Ahead — What May Change in 2027
The tort reform environment in Florida is not static. Advocacy on both sides of the reform debate continues, and several trends bear watching as we head into 2027.
Further court interpretation of HB 837 provisions. As more cases work their way through the Florida court system, clearer legal standards will emerge regarding what “constructive knowledge” means in specific contexts and how courts apply the fault bar in complex multi-vehicle accidents.
Insurance rate behavior. One stated rationale for HB 837 was reducing insurance costs for Florida consumers. Whether that outcome materializes — and how insurers respond to court decisions that may favor plaintiffs in specific circumstances — will shape the practical environment for injury victims.
Potential legislative activity. Florida’s legislative session brings the possibility of further refinement or amendment to tort provisions. Both the plaintiff bar and the insurance industry will continue to advocate for changes that advance their respective interests. Injury victims are best served by staying informed — or staying connected to attorneys who do.
Healthcare cost inflation. Rising medical costs continue to increase the economic component of serious injury claims, which partially offsets the litigation-side impact of the reform.
What Injury Victims Need to Know Going into 2027
If you were injured in an accident — or if you anticipate being in situations where accidents occur — here is what the post-HB 837 environment means for you:
- The two-year clock starts immediately. From the date of your accident, the countdown begins. Do not wait to consult an attorney.
- Comparative fault is a real weapon in the insurer’s arsenal. Every statement you make, every gap in your medical care, and every ambiguity in the accident evidence can be used to push your fault percentage toward the cutoff.
- Evidence must be preserved quickly. Surveillance footage, maintenance records, and electronic data disappear within weeks. A preservation demand must go out promptly.
- UM/UIM coverage may be your most important protection. Review your policy now — before you need it.
- An attorney who understands the current law is essential. Not every personal injury attorney has kept pace with the post-reform environment. The difference matters.
Contact HLM Injury Lawyers — Free Consultation
At HLM Injury Lawyers, attorney Eric A. Hernandez — a former Assistant U.S. Attorney for the Southern District of Florida who clerked for Chief Justice Charles T. Wells of the Florida Supreme Court — stays current on every development in Florida injury law. With over 25 years of trial experience and fluency in both English and Spanish, Eric represents injury victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County. Call (305) 842-2100 for a free consultation as we head into the new year. There is no fee unless we recover for you.