A Turning Point in Florida’s Civil Justice System
Florida House Bill 837 (HB 837), signed into law on March 24, 2023, represents one of the most sweeping overhauls of the state’s civil justice system in decades. Nicknamed the Tort Reform Act of 2023, it touches nearly every corner of personal injury and insurance litigation—from how quickly claims must be filed, to what medical damages can be presented in court, to whether an injured person can recover at all if they bear significant fault.
For businesses, insurers, property owners, and injured individuals alike, the timing of this law is critical. It changes the legal landscape going forward and continues to shape lawsuits being filed right now in 2025.
Why It’s Important Today
Before HB 837, most negligence lawsuits had a four-year filing deadline. Now, claims arising after March 24, 2023 must be filed within two years. That means injuries from spring and summer 2023 are already hitting their expiration point. People who wait too long are losing their right to sue—sometimes without realizing it.
Why now matters: The first wave of claims affected by the new deadline is closing. Lawyers are emphasizing urgency like never before when potential clients call months after an accident.
HB 837 replaced Florida’s pure comparative negligence system with a modified one. If a plaintiff is found more than 50% at fault, they cannot recover any damages.
Why now matters: Cases being tried in 2024–2025 are showing how juries apply this rule. It raises the stakes in discovery, settlement talks, and trial strategy because one unfavorable finding can wipe out recovery entirely.
Instead of showing juries the full “sticker price” of medical bills, plaintiffs can now present only what was actually paid or what insurers would have paid. For future treatment, the law caps recovery at rates tied to Medicare or Medicaid.
Why now matters: This change is already lowering verdict amounts across Florida. Plaintiffs, doctors, and attorneys are rethinking how to handle medical liens and Letters of Protection since inflated bills no longer carry weight in court.
The elimination of one-way attorney fees in most insurance cases has shifted leverage toward insurers. At the same time, the new 90-day response window and narrowed “bad faith” rules give carriers more breathing room before facing penalties.
Why now matters: Policyholders who once relied on strong fee-shifting protections now face higher out-of-pocket risks if they challenge insurers. The balance of power in insurance disputes has tilted—an immediate effect for anyone with a pending claim.
Multifamily property owners (five or more units) have until January 1, 2025, to complete a Crime Prevention Through Environmental Design (CPTED) assessment. Meeting requirements like security cameras, lighting, and locks gives them a presumption against liability for crimes committed by third parties.
Why now matters: That deadline has already arrived. Properties that fail to comply may be more vulnerable to lawsuits in negligent security cases filed this year.
Florida’s insurance market has been in crisis, with carriers leaving the state and rates climbing. HB 837 is part of a broader push to stabilize the system, reduce “frivolous” litigation, and cut costs for insurers.
Why now matters: The law’s real-world results—whether it truly lowers insurance rates or simply reduces payouts to claimants—are playing out in real time. Stakeholders are closely watching 2025 case outcomes to gauge whether the reforms work as intended.
The Impact Going Forward
HB 837 is more than a procedural shift—it’s a paradigm change. By shortening deadlines, narrowing damages, restricting fee recovery, and protecting certain property owners, it reshapes how justice is accessed in Florida.
For individuals, the law makes speed and legal advice critical. Waiting to file, assuming full medical bills will count, or relying on old comparative negligence standards could now mean walking away with nothing. For insurers and property owners, it offers new defenses and financial protections that are active today.
As Florida enters 2025, HB 837 isn’t just on the books—it’s being tested in courts, shaping settlements, and redefining outcomes. What happens in the next year will determine whether this reform achieves its goal of lowering litigation costs or sparks new challenges and constitutional debates.