Florida

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Florida’s tort landscape changed dramatically with HB 837 in 2023 — the PI statute of limitations was cut from 4 years to 2, the state moved from pure to modified comparative fault, and assignment-of-benefits rules were tightened. Whether your case is in Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, or the Panhandle, post-reform timing matters.

Practice areas in Florida

Common questions about Florida attorneys

HB 837 was a sweeping tort-reform package signed in March 2023. Key changes: the negligence SOL was cut from 4 years to 2 (Fla. Stat. § 95.11), Florida moved from pure comparative fault to 51% modified comparative (Fla. Stat. § 768.81), assignment-of-benefits practice was restricted, bad-faith standards were tightened, and one-way attorney-fee provisions in insurance disputes were repealed. The changes apply prospectively — pre-reform cases mostly continue under the old rules.
Two years from the date of injury for most negligence claims under Fla. Stat. § 95.11(4)(a), as amended by HB 837. That’s half the old 4-year SOL. Claims against government entities require a 3-year pre-suit notice under Fla. Stat. § 768.28(6). Medical malpractice runs on a separate 2-year SOL with a 4-year statute of repose under Fla. Stat. § 95.11(4)(b).
Yes — Florida is one of about a dozen no-fault auto states. Every Florida driver must carry $10,000 in Personal Injury Protection (PIP) under Fla. Stat. § 627.736. After a crash, PIP pays 80% of medical bills and 60% of lost wages, up to the limit. You can sue the other driver in tort only if you cross the serious-injury threshold under § 627.737(2) — significant and permanent loss of an important bodily function, permanent injury, scarring, or death.
No — the Florida Supreme Court struck down the non-economic damages caps in Estate of McCall v. United States (2014) and North Broward Hospital District v. Kalitan (2017). However, the pre-suit notice requirements under Fla. Stat. § 766.106 and the expert affidavit corroboration are strict and frequently kill cases at the gate. Comparative fault now applies under the 51% modified rule.
Fla. Stat. § 776.032 provides civil and criminal immunity for someone who uses force in self-defense, with no duty to retreat in any place they’re lawfully present. A 2017 amendment shifted the burden to the State to disprove self-defense at a pre-trial immunity hearing by clear and convincing evidence. That hearing can resolve a case before trial — and even before a jury hears the facts.

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