What’s the Fallout from Florida’s 2023 Personal Injury Law Changes?
What's the Fallout from Florida’s 2023 Personal Injury Law Changes?

What’s the Fallout from Florida’s 2023 Personal Injury Law Changes?

  Reading Time: 6 minutes
   Reviewed by Sean McQuaid, Trial Attorney at Personal Injury Attorneys McQuaid & Douglas

In March 2023, Florida lawmakers passed House Bill 837—one of the most sweeping changes to personal injury law the state has seen in decades. The goal was to reduce “frivolous” lawsuits and lower insurance costs, but for injury victims, the new rules introduced tighter deadlines, tougher evidence requirements, and more roadblocks to fair compensation.

If you’ve been injured in Florida since these changes took effect, you may be wondering what this means for your ability to recover damages. The truth is, while the process has become more complex, your right to pursue a claim hasn’t disappeared. You just need to act faster—and smarter.

Our Florida personal injury attorneys have helped clients adjust to this new legal landscape since day one. In this guide, we’ll break down what’s changed, how it affects your claim, and why having the right legal team matters now more than ever.

What Changed in 2023?

In March 2023, Governor Ron DeSantis signed House Bill 837 into law. It made several major changes to how personal injury cases are handled in Florida. These reforms aim to reduce lawsuit costs and limit what plaintiffs can recover—but they also make it more important than ever to have a skilled Florida personal injury attorney on your side.

Key Changes That Could Affect Your Case

1. Statute of Limitations Is Now Shorter

Before 2023, in some cases, the statute of limitations on personal injury had more flexibility. Now, under the new law, you have just two years from the date of your injury. If you miss this deadline, you may lose your right to file a claim completely.

What this means: You should contact a Florida personal injury attorney as soon as possible after an accident. Waiting can cost you your case.

2. Modified Comparative Negligence

Florida previously followed a “pure comparative negligence” rule. That meant even if you were 99% at fault, you could still recover 1% of your damages.

Under the new law, Florida now follows a modified comparative negligence system. If you’re more than 50% at fault, you can’t recover any damages at all.

What this means: Insurance companies will likely try harder to blame you. An attorney is crucial to protect your share of compensation.

3. New Rules on Medical Evidence

The law limits how medical damages are presented in court. Plaintiffs now have to show actual medical bills paid or the amounts still owed, rather than provider rates.

What this means: Your damages could look smaller unless your Florida personal injury attorney helps present the true cost of your care.

4. Disclosure of Attorney-Doctor Agreements

If your attorney refers you to a doctor, that relationship must now be disclosed in court. The goal is to limit perceived bias.

What this means: Transparency is key—but with the right representation, it won’t hurt your claim.

How These Laws Affect Your Settlement

You may be wondering: “Will my settlement be lower now?”

Not necessarily. While these laws make some claims harder to pursue, they don’t eliminate your rights. With early action, strong documentation, and experienced legal support, many injury victims still win full compensation.

Let’s take a closer look.

Your Compensation Depends On Several Things:

  • The severity of your injury
  • Your degree of fault (if any)
  • The quality of your medical evidence
  • Whether you file your claim on time
  • If you have a skilled Florida personal injury attorney representing you

What the Numbers Say: Early Impact of Florida’s 2023 Personal Injury Law

Since House Bill 837 went into effect, legal professionals and consumer rights groups have been watching closely. While it’s still early, a few key statistics and emerging trends offer insight into how the law is affecting personal injury claims across Florida.

Fewer Lawsuits Filed

According to a report from the Florida Bar, civil lawsuit filings dropped significantly in the months after the bill passed. In fact:

  • Personal injury case filings dropped nearly 40% between April and September 2023.
  • Many attorneys rushed to file claims in the days leading up to the law taking effect, creating a brief spike followed by a sharp decline.

This suggests that many accident victims are now missing the shortened two-year window—or are unsure about their rights under the new rules.

Smaller Settlement Offers

Insurance companies have adjusted their strategy. Since the comparative fault rule now bars compensation if you’re over 50% at fault, insurers are more aggressively:

  • Disputing liability,
  • Offering lower settlements, and
  • Using delay tactics to pressure claimants into accepting less.

Attorneys across the state report that insurers are routinely offering 10–25% lower initial settlements than before March 2023.

More Claims Denied

Early data shows that insurers are denying more claims outright, especially when documentation isn’t thorough. With the new medical evidence rules requiring exact billing amounts, victims who can’t show clear, itemized expenses are seeing their claims rejected.

Why Settlements Might Take Longer Now

With new legal standards in place, insurance companies are scrutinizing every claim. They’re more likely to delay, deny, or challenge parts of your case. It takes careful preparation and negotiation to break through those barriers.

Your attorney will need to:

  • Build a strong timeline of events
  • Present clear medical records and bills
  • Anticipate any fault-shifting strategies from the defense

Common Mistakes People Make Under the New Law

Now that the rules have changed, these missteps can be more damaging than ever:

  • Waiting too long to contact an attorney: Two years goes by fast. Some injuries also take time to show full effects, so don’t delay.
  • Assuming you can’t recover if you were partly at fault: You can still win your case—as long as you’re not more than 50% responsible.
  • Handling the insurance company alone: Adjusters are trained to minimize claims. Without legal help, you may accept far less than your case is worth.

How the Law Affects Slip and Fall Cases (Including Publix)

Slip and fall claims are among the most common personal injury cases in Florida—and they’re heavily impacted by the 2023 changes.

Imagine slipping on a wet floor at Publix with no warning sign present. Before the law changed, you had more flexibility in presenting the case. Now, you’ll need to act quickly, prove the store’s negligence, and show that you weren’t more than 50% responsible.

Publix and similar businesses are already adjusting their legal strategies. That’s why your attorney must gather surveillance footage, witness testimony, and maintenance records fast.

What If the At-Fault Driver Had No Insurance?

Many Floridians are hit by uninsured or underinsured drivers. The 2023 changes don’t eliminate your right to recover—but they do change how those claims work.

Here’s what you need to know:

  • You can still file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage.
  • Medical bills must be well-documented and reasonable under the new rules.
  • Your insurer may use the new laws to minimize payouts.

Your Florida personal injury attorney can push back and fight for what you deserve.

What If My Claim Gets Denied?

Claim denials have increased under the new rules, but they’re not the end of the road.

If your claim is denied:

  1. Don’t panic.
  2. Get the denial in writing.
  3. Contact an attorney immediately.

We’ll review the denial, gather missing evidence, and file an appeal or lawsuit if necessary.

A Hypothetical Example

Let’s say you’re rear-ended somewhere in Florida. Your back is injured, and your medical bills total $10,000. You’re out of work for two months. The other driver’s insurance claims you stopped short, trying to pin 60% of the blame on you.

Without legal help, you could walk away with nothing under the new rules. But with a Florida personal injury attorney, you might prove the driver was fully at fault—and recover all your damages.

Why the Reforms Shouldn’t Scare You

Change always creates uncertainty. But these reforms don’t mean you don’t have a case. They just mean that a strong legal strategy is more important than ever.

At our firm, we’ve already helped dozens of clients get compensation under the new law. We know how to adapt, present clear evidence, and negotiate with insurers who try to use these changes against you.

You still have rights. We’re here to protect them.

Frequently Asked Questions

Do these laws apply to accidents before March 2023?
No. If your accident happened before March 24, 2023, the old rules apply.

Will I get less money now under the new law?
Not always. Your case outcome depends on liability, your injuries, and the strength of your evidence.

What if I’m not sure who was at fault?
Call an attorney. Investigating fault is part of our job.

How can I afford a lawyer with all these medical bills?
Most Florida personal injury attorneys, including us, work on contingency. That means you pay nothing unless we win.

Where can I learn more about Florida personal injury law?
Visit the Florida Bar’s consumer guide for more insights.

Why Expert Guidance from an Attorney Matters

This isn’t the time to go it alone. Florida’s new laws are complex, and insurance companies are ready to use them against you. But our Florida personal injury attorneys are ready to fight for you.

Here’s how we help:

  • Evaluate your case and explain your options
  • Collect evidence and build a strong legal argument
  • Make sure your claim meets the new legal standards
  • Negotiate fair settlements with insurers
  • Take your case to trial, if needed

With us on your side, you don’t have to worry about deadlines, fine print, or loopholes. We handle the legal work so you can focus on recovery.

Contact Us for a Free Consultation

If you’ve been injured and want to understand how Florida’s 2023 law changes affect your rights, call us. Our experienced Florida personal injury attorneys are here to answer your questions and fight for your future.

Why choose us?

  • Decades of experience with Florida injury law
  • A strong track record of successful outcomes
  • Personalized attention to your case
  • No fees unless we win

Don’t wait. Your time to act may be limited, and your compensation could depend on the next steps you take. Contact us today for a free consultation and let’s talk about how we can help.

Disclaimer
This website is meant for general information and not legal advice.
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