Personal Injury Laws in Florida

Personal Injury Law in Florida: Overview

Florida underwent significant tort reform in 2023 with the passage of HB 837, which changed the state from a pure comparative negligence system to a modified comparative negligence system with a 51% bar. Under the new rule, plaintiffs who are 51% or more at fault are barred from recovery. The statute of limitations was also reduced from four years to two years for most negligence claims. Florida is a no-fault auto insurance state requiring personal injury protection (PIP) coverage, which provides first-party benefits regardless of fault. The state has specific provisions for premises liability, product liability, and medical malpractice. Florida's large elderly population and tourism industry contribute to high volumes of slip-and-fall, nursing home negligence, and motor vehicle accident claims.

Key Statutes & Deadlines

2023 Tort Reform (HB 837)

Florida's 2023 tort reform law (HB 837) fundamentally changed the state's personal injury landscape. The law shifted Florida from pure comparative negligence to modified comparative negligence with a 51% bar, meaning plaintiffs who are 51% or more at fault cannot recover. The statute of limitations was reduced from four years to two years. The law also modified the admissibility of medical bills to allow evidence of amounts actually paid rather than amounts billed, eliminated one-way attorney fee provisions in insurance cases, and reformed premises liability standards for negligent security claims. These changes significantly impact the litigation environment for personal injury cases in Florida.

No-Fault Auto Insurance (PIP) System

Florida requires all drivers to carry personal injury protection (PIP) insurance of at least $10,000, which covers medical expenses, lost wages (60% up to $10,000), and death benefits regardless of who caused the accident. To step outside the no-fault system and sue the at-fault driver for pain and suffering, the injured party must meet a "serious injury" threshold, which requires showing significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Florida does not require bodily injury liability coverage, though it is strongly recommended.

Premises Liability and Negligent Security

Florida's 2023 tort reform significantly changed premises liability law, particularly for negligent security claims. Property owners are now assessed based on the foreseeability of criminal acts using a totality of the circumstances test. The law provides that if a property owner substantially implements security measures recommended by a credentialed security professional, there is a presumption against liability. For transitory substance (slip-and-fall) cases, the plaintiff must prove the business had actual or constructive knowledge of the dangerous condition. These changes make it more challenging for plaintiffs to prevail in premises liability cases against commercial property owners.

Florida Court System

Florida's Circuit Courts serve as the trial courts of general jurisdiction for personal injury cases. County Courts handle cases up to $50,000. Florida has 20 judicial circuits and 67 counties. Appeals from Circuit Court go to one of six District Courts of Appeal, and further review is available from the Florida Supreme Court. Civil juries consist of 6 members, and verdicts require a majority of five-sixths. Florida has extensive discovery rules and mandatory disclosure requirements. Many circuits have mandatory mediation requirements before trial, and arbitration is also commonly used for smaller claims.

Damages & Penalties

Florida allows recovery of economic damages including medical expenses, lost wages, and loss of earning capacity. Following the 2023 reform, evidence of medical expenses is now based on amounts paid or payable rather than amounts billed, which can significantly reduce the apparent value of claims. Non-economic damages such as pain and suffering are available but subject to the new comparative fault limitations. Punitive damages require clear and convincing evidence of intentional misconduct or gross negligence and are capped at the greater of three times compensatory damages or $500,000 (or $2 million for specific intent). Florida has abolished joint and several liability, making each defendant liable only for their proportionate share of damages. Pre-judgment interest is available from the date the cause of action accrued.

Recent Legislative Changes

The 2023 tort reform (HB 837) was the most significant change to Florida personal injury law in decades. It reduced the statute of limitations from 4 to 2 years, shifted from pure to modified comparative negligence, changed medical billing evidence rules, reformed premises liability, and eliminated bad-faith insurance claim multipliers. These changes are being tested in ongoing litigation challenging their constitutionality.

Frequently Asked Questions