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In March 2023, Florida quietly rewrote the rules for every injury victim in the state. House Bill 837 — the most sweeping tort reform Florida has seen in a generation — cut the statute of limitations for negligence claims in half, moved Florida to a modified comparative negligence system, and changed how juries evaluate medical damages.
Three years in, far too many Florida drivers, slip-and-fall victims, and injured workers still do not know the deadlines have shifted. This article is a clear, authoritative walkthrough of the new rules as they stand in 2026, why they matter, and what to do if you have been injured.
The Old Rule: Four Years to File a Negligence Claim
For decades, Florida gave injury victims four years from the date of the accident to file suit for negligence — car wrecks, slip and falls, dog bites, premises liability, and most other personal injury claims. Four years felt generous. It gave victims room to complete treatment, gather records, and let the insurance company work through its process.
That window encouraged lengthy pre-suit negotiations, and many cases resolved without a lawsuit ever being filed. It also gave attorneys breathing room to investigate, retain experts, and build cases the right way.
The New Rule: Two Years for Any Negligence Accruing After March 24, 2023
HB 837, signed by Governor DeSantis on March 24, 2023, cut that window in half. Florida Statute § 95.11(4)(a) now reads that any negligence-based personal injury claim must be filed within two years of the date of accrual — generally, the date of the accident.
This shorter window applies to:
Car accidents. Motorcycle, truck, and rideshare accidents. Pedestrian and bicycle crashes. Slip and fall and premises liability. Dog bites. Negligent security claims. Most workplace injury third-party claims.
The two-year deadline applies to any cause of action that accrued on or after March 24, 2023. Cases accruing before that date generally retain the old four-year limit, although exceptions exist and you should never assume your case is the exception.
A small set of claim types remain on different timelines — medical malpractice (generally two years from discovery, capped at four), wrongful death (two years), product liability with separate analysis, and claims against government entities, which have their own pre-suit notice requirements and shorter triggers. If you are not certain which category your case falls into, treat the two-year mark as the deadline and call an attorney immediately.
Why Two Years Goes Faster Than You Think
On paper, 24 months sounds like plenty of time. In practice, it is not. Here is what a properly built injury case actually requires:
Months 1–3: Initial medical treatment, diagnostic imaging, evaluation by specialists. Many serious injuries are not even fully diagnosed until two or three months after the crash.
Months 3–9: Active treatment — physical therapy, pain management, injections, sometimes surgery. Most attorneys wait for maximum medical improvement before sending a demand, because demanding too early undervalues the case.
Months 9–14: Demand package prepared and sent. Medical records, expert reports, lost wage documentation, and a comprehensive demand letter. Insurance companies typically take 30 to 90 days to respond, and counteroffers can take months.
Months 14–20: Negotiation. If the insurer plays games, this is where time evaporates.
Months 20–24: Decision point. If settlement cannot be reached, suit must be filed before the two-year deadline expires. Drafting a complaint, identifying defendants, and serving process takes weeks.
A client who walks into our office at 22 months from the crash has lost most of their leverage. We may have to file suit immediately, before treatment is complete, before damages are fully known, just to preserve the claim. That is rarely the strongest posture.
Modified Comparative Negligence: The 51% Bar Rule
HB 837 also flipped Florida from a pure comparative negligence state to a modified comparative negligence state under Florida Statute § 768.81.
Under the old rule, a plaintiff found 90% at fault could still recover 10% of their damages. Under the new rule, any plaintiff found more than 50% at fault for their own injuries recovers nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault.
This is a fundamental shift, and it changes how cases are litigated:
Defense lawyers now push hard on every fact that could push a plaintiff over the 50% line. What you said at the scene, what was on your phone, whether you wore a seatbelt, whether you should have seen the danger — all of it matters more than it used to. Early evidence preservation, careful statements, and skilled cross-examination of defense witnesses are more important than ever.
The 51% bar rule does not apply to medical malpractice claims, which remain under pure comparative negligence — one of the few favorable carveouts in HB 837.
Other HB 837 Changes That Affect Your Case
HB 837 included a number of additional changes that quietly shape what your case is worth:
Medical damages capped to "paid or payable" amounts. Plaintiffs can no longer present the full "billed" amount of medical care to a jury. The admissible figure is generally what was actually paid, or what is payable under existing health insurance contracts or letters of protection. This significantly reduces the medical damages component of many cases.
Bad faith reform. The law made it harder to bring bad-faith claims against insurance carriers, including a new requirement that the insured act in good faith and curing-period rules that give insurers more room to fix coverage missteps.
Premises liability for negligent security. Apartment complexes, hotels, and other property owners now benefit from a new presumption against liability if they meet certain minimum security standards — a meaningful shift in cases involving assault or robbery on commercial property.
Attorney fee changes. The contingent-fee multiplier and one-way attorney fee provisions for insurance disputes were curtailed, changing the economics of certain types of cases.
The cumulative effect of HB 837 is to make personal injury cases harder, faster, and more dependent on early, skilled legal representation.
What Happens If You Miss the Deadline?
The statute of limitations is jurisdictional. If you do not file your lawsuit within two years, the court has no authority to hear your claim, no matter how strong your evidence or how badly you were hurt. The defense will file a motion to dismiss, and the judge will grant it.
There are extremely narrow exceptions — tolling for minors, certain delayed-discovery scenarios, fraudulent concealment — but they are exceptions, not strategies. Relying on them is how strong cases become uncollectible.
Equally important: the two-year deadline does not stop while you negotiate. Many injured Floridians spend the first year going back and forth with an adjuster, believing they are "in the process." They are. They are also in the process of running out the clock.
How HB 837 Changed What "Early" Means
Before HB 837, calling an attorney six months after a crash was reasonable. After HB 837, six months is the back half of the case. The new standard is:
Within 14 days: see a doctor and preserve PIP eligibility. Within 30 days: contact a Florida personal injury attorney for a free evaluation, even if you are unsure whether you need one. Within 90 days: have a clear medical treatment plan and a preserved evidence file (photos, witness contacts, police report, vehicle damage records). Before month 18: be in serious negotiation or be prepared to file suit.
Waiting is no longer a free strategy. Every month you wait is leverage you transfer to the insurance company.
Frequently Asked Questions
Does the two-year clock start on the date of the accident or the date I knew I was hurt?
For most negligence claims, it starts on the date of the accident. Limited delayed-discovery exceptions exist for injuries that could not reasonably have been discovered, but they are narrow and fact-specific. Treat the accident date as your start point unless an attorney advises otherwise.
What if my accident happened before March 24, 2023?
Cases that accrued before the effective date generally retain the prior four-year limit. But the law's transitional provisions have wrinkles, and the safe call is to consult an attorney rather than rely on the older deadline.
Does sending a demand letter stop the clock?
No. Only filing a lawsuit stops the statute of limitations. Adjusters know this, and slow negotiations near the deadline are a classic insurer tactic.
What about claims against the government?
Claims against Florida government entities require a pre-suit notice under Florida Statute § 768.28 and have their own shorter triggers. These cases have specific procedural traps and should be handled by counsel as soon as possible.
My case is already close to the deadline. Is it too late?
Maybe not — but call today. Attorneys can file a lawsuit quickly to preserve a claim and continue working it after suit is filed. The closer you get to the deadline, the fewer options you have.
The Watson Firm Is Built for the Two-Year World
HB 837 was not written with injured Floridians in mind. It was written to make claims harder to bring, faster to lose, and easier to defend. The firms that adapt — that move quickly, preserve evidence, file suit when needed, and refuse to let insurance companies run the clock — are the firms that still win for their clients.
The Watson Firm represents Florida injury victims in car accidents, motorcycle crashes, truck collisions, and premises liability cases under the new rules. Every consultation is free, every case is handled on a contingency fee, and every client gets a real attorney's analysis of where their case stands and how much time they have left. Call us today. The clock is the one thing we cannot negotiate.