After the passage of House Bill 837 (HB 837) in 2023, Florida's legal landscape for car accident victims changed dramatically.
As a result of this tort reform legislation, there have been fundamental shifts in how personal injury claims are handled, creating new challenges and tighter restrictions for accident victims.
The reforms represent the most substantial overhaul of Florida's personal injury system in decades, affecting everything from filing deadlines to fault determinations. These changes have made it more important than ever for car accident victims in Florida to understand that experienced legal representation is necessary.
Major Changes That Impact Your Right to Compensation
It used to be possible to recover compensation even if you were mainly responsible for an accident. Under House Bill 837, regardless of how severe your injuries are, you are not entitled to file for damages if you are more than 51% responsible for the accident.
In addition, the statute of limitations for personal injury and wrongful death lawsuits has been shortened from four to two years. Due to the compressed timeline, accident victims do not have enough time to collect evidence, understand their injuries, and build their case.
The law also eliminates one-way attorney fee shifting in many insurance disputes. Before HB 837, winning a lawsuit against an insurance company often meant the insurer had to cover your attorney fees. Now, even if you win, you're responsible for your own legal costs, a change that can make smaller claims harder to pursue and may discourage valid cases from ever being filed. Which is why it's important to consult with an experienced attorney to understand your legal rights and get a clear assessment of your potential compensation.
Stricter Evidence and Disclosure Requirements
The new rules for presenting medical expenses as damages are more restrictive under HB 837. Under the amended Florida Statute 768.0427, accident victims can no longer present the full amount billed by medical providers. Instead, they must provide evidence of the actual amount paid, what insurance carriers would pay, or what Medicare or Medicaid would reimburse. Future and outstanding medical expenses vary by the plaintiff's coverage situation, generally 120% of the Medicare reimbursement rate or, if no Medicare rate applies, 170% of the applicable state Medicaid rate. This creates a significant gap between awarded compensation and the actual cost of medical treatment.
Furthermore, attorneys are required to disclose their financial relationships with medical providers. Referral fees, letters of protection, and other financial connections with healthcare providers who treat clients or testify on their behalf must now be disclosed transparently by lawyers. However, these requirements can complicate the attorney-client relationship and may affect how medical testimony is perceived in court.
Bad-faith insurance claims face heightened procedural barriers. Claims must be documented in writing, and the carrier must be given 90 days to correct the error before filing a lawsuit. The amount of compensation owed by resistant insurance companies can now be reduced based on the plaintiff's level of fault. To determine if you can pursue compensation beyond PIP limits outside of the no-fault insurance system in Florida, it's also essential to understand what constitutes a serious injury under Florida law.
Protecting Your Rights Under HB 837
As a result of HB 837, Florida car crash victims should consult with experienced attorneys for legal counsel. Recovery has become more difficult due to new fault thresholds, shorter filing windows, and stricter documentation requirements. At the Law Offices of Sean M. Cleary, we have adapted our legal approach to maximize client outcomes in response to these legislative changes.
Following a motor vehicle collision, acting quickly has become more critical than ever before. The compressed two-year filing deadline means there's no room for hesitation in securing attorney representation, collecting documentation, or initiating your claim. We will thoroughly investigate your accident, catalog your damages, document your losses, and build a strong case to maximize your compensation recovery. Contact us to schedule your free case evaluation.