Florida's Tort Reform Legislation Reshapes Civil Litigation Landscape

Florida's civil litigation landscape has undergone fundamental transformation since Governor Ron DeSantis signed House Bill 837 into law on March 24, 2023. This comprehensive tort reform legislation represents one of the most significant changes to Florida's civil justice system in state history, affecting everything from insurance practices to evidence rules and defendant negligence standards.

The most impactful change introduced by HB 837 concerns the statute of limitations for filing negligence claims. The legislation reduced the filing window from four years to just two years, substantially compressing the time available for injured parties to initiate legal action. A statute of limitations establishes the legal deadline for filing lawsuits, and once this period expires, the right to seek compensation is essentially forfeited. While limited exceptions exist for circumstances such as tolling or minor plaintiffs, these provisions remain narrow and infrequently applicable.

Another critical modification involves Florida's transition from a pure comparative negligence system to a modified comparative negligence model. Under the new framework, plaintiffs cannot recover damages if they contributed more than 50% of the fault for the incident. This represents a dramatic departure from the previous system, where plaintiffs could still recover reduced damages even when bearing majority responsibility for their injuries. The change fundamentally alters settlement negotiations and trial strategies for personal injury cases throughout the state.

The shortened statute of limitations particularly affects personal injury attorneys and their clients, who now face compressed timelines for investigation, evidence gathering, and case preparation. While two years might appear sufficient, the reduced timeframe limits attorneys' ability to develop comprehensive cases, especially in complex matters requiring extensive documentation and expert analysis. The reforms highlight the importance of seeking legal counsel immediately following accidents to ensure adequate time for proper case development within the new statutory constraints.

These legislative changes have created a more challenging environment for personal injury plaintiffs across Florida, requiring earlier action and more strategic case evaluation. The reforms reflect a broader trend toward tort reform nationwide, though Florida's approach through HB 837 represents one of the most comprehensive state-level overhauls in recent years. The full impact of these changes continues to unfold as cases work through the judicial system under the new legal framework.