Florida HB-837: How Civil Litigation Has Changed in 2023
Florida's HB-837 introduces sweeping changes to civil litigation, including updates to negligence standards, insurance claim processes, medical billing disclosures, and statute of limitations. Here’s what you need to know.
Modified Comparative Negligence Replaces Pure Comparative Negligence
Before HB-837, plaintiffs in Florida could still recover damages even if they were predominantly at fault. Under the new law, however, if a plaintiff is found to be 51% or more at fault, they are barred from recovering any damages.
Comparative Bad Faith Adjustments
HB-837 limits the liability of insurers by introducing comparative bad faith standards. As outlined in Florida Statute § 624.155 (4)(b), all parties involved in a claim, including attorneys, are now expected to act in good faith, with the court taking the conduct of all parties into account—not just that of the insurer.
Stricter Rules on Letters of Protection
The law now requires full disclosure of medical billing details for treatments received under Letters of Protection. Additionally, medical damages awarded will now reflect the amount actually paid, regardless of payment source.
Changes in Evidence Admissibility
The admissibility of evidence for unpaid medical care now depends on whether the plaintiff has Medicare, Medicaid, private insurance, or no insurance, introducing a new layer of complexity to personal injury claims.
Changes to Negligent Security and Premises Liability
In negligent security cases, HB-837 allows for comparative negligence analysis. This change may shift liability from a negligent property owner to the actual wrongdoer, thereby potentially reducing the liability of property owners in certain situations.
Statute of Limitations Reduced
Under HB-837, Florida Statute § 95.11 has been amended, reducing the statute of limitations for general negligence cases from four years to two years. This is one of the most impactful procedural changes introduced by the bill.
On March 24th of 2023, Florida Governor Ron DeSantis officially signed House Bill 837 (HB-837) into law. You can read the full text here.
For more insights on Florida law and how these changes might affect your legal rights, feel free to contact our legal team.
