How did Florida's 2023 tort reform change injury cases?
HB 837, signed March 24, 2023, made several changes that reshaped these cases.
The deadline halved. The general negligence limitations period went from four years to two, for causes accruing after that date.
A fault cutoff. Pure comparative negligence became modified, barring recovery for a party greater than 50 percent at fault. Medical negligence is exempt.
Medical damages evidence limited. For bills already paid, juries hear the amount actually paid rather than the amount billed. Letters of protection became subject to mandatory disclosure, with failure barring the expenses.
Bad faith restructured. A 90-day safe harbor for insurers, codification that mere negligence isn't bad faith, and a good faith duty imposed on claimants.
Fee shifting repealed. The provisions allowing a prevailing insured to recover attorney fees from an insurer were repealed and replaced with narrower ones.
Negligent security changed, including apportionment to intentional wrongdoers.
The practical summary is: less time, a harder fault standard, and lower medical numbers. ---
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