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On March 24, 2023, Governor Ron DeSantis signed sweeping changes into law that impacts accident cases in Florida. These changes appear in House Bill (HB) 837. Among the many significant changes enacted by HB 837, the statute of limitations for most personal injury claims in Florida has been reduced to two years.

Florida’s Statute of Limitations for Negligence-Based Personal Injury Claims is Now Two Years

Under HB 837, the statute of limitations for most personal injury claims is now two years instead of four. The change to Florida’s personal injury statute of limitations specifically applies to claims based on negligence. This covers the substantial majority of all claims and makes it even more important to consult the Spivey Law Firm, Personal Injury Attorneys, P.A. immediately after an accident.

What types of personal injury claims are subject to the new two-year statute of limitations? Some examples of negligence-based personal injury claims that are subject to the newly-shortened statute of limitations are:

• Car accident claims based on speeding, running red lights, and other driving mistakes
• Car accident claims based on distracted driving, drowsy driving, and drunk driving
• Truck and motorcycle accident claims involving driver negligence
• Bicycle and pedestrian accident claims involving driver negligence
• boating accident claims (including claims based on boating under the influence)
• slip-and-fall, trip-and-fall, and other premises liability claims

It is also important to note that Florida’s new two-year personal injury statute of limitations does not apply to claims that accrued before March 24, 2023 (the date that Governor DeSantis signed HB 837 into law). So, even though the law has changed, if you were injured in an accident before this date, you still have four years to file your claim.

Regardless of the Statute of Limitations, It Is Important to Take Action as Soon as Possible

Regardless of how long you have to file your claim, it is always best to file your claim as soon as possible. There are no benefits to waiting—and waiting can prove very costly. If you wait too long to take action, you may lose your chance to gather the evidence needed to prove your legal rights. While you are waiting to file your claim, you could also inadvertently (and unknowingly) make mistakes that could harm your ability to obtain the full amount of compensation you deserve.

Additional Changes that Impact Accident Victims’ Legal Rights in Florida

In addition to shortening the statute of limitations for the vast majority of personal injury claims in Florida, HB 837 impacts accident victims’ legal rights in other ways as well. For example, besides the new two-year statute of limitations, one of the most significant changes enacted under HB 837 is a new limitation on when accident victims can recover financial compensation if they are partially at fault for their own injuries.

Previously, Florida had a “pure comparative fault” law—along with about a dozen other states. Pure comparative fault laws allow accident victims to recover a portion of their losses regardless of their percentage of fault. This means that even if an accident victim is 90 percent at fault for his or her own injuries, he or she is still entitled to recover 10 percent of the damages caused by the accident. 

However, following the enactment of HB 837, this is no longer the case. Now, Florida follows the law of “modified comparative fault.” Under Florida’s new modified comparative fault law, if an accident victim is more than 50 percent at fault in the accident, he or she is not entitled to any financial compensation. 

Other changes enacted under HB 837 include:

• Limiting the circumstances in which accident victims can pursue claims for bad-faith insurance practices,
• Imposing reimbursement rates for accident victims to recover proper compensation for their accident-related medical expenses.

Contact Spivey Law Firm, Personal Injury Attorneys, P.A. for More Information

Attorney Randall Spivey of the Spivey Law Firm, Personal Injury Attorneys, P.A. has litigated all types of catastrophic personal injury and wrongful death cases in Florida. Attorney Spivey is recognized with a Martindale Hubbell Preeminent Attorney Rating, which is the highest rating standard. Recognition as a Preeminent Attorney shows the greatest level of professional excellence in legal knowledge, communications skills, and ethical standards.  Randall Spivey is also a Board-Certified Civil Trial Attorney. This is the highest recognition for competence bestowed by the Florida Bar. Only 1 percent of Florida attorneys have achieved this status. 

We offer free consultations for you or your family members. There are no costs or attorney fees until we receive a monetary recovery for you. If you have questions or concerns about your legal rights as an accident victim in Florida, we invite you to contact us. To schedule a free consultation with personal injury lawyer Randall L. Spivey, please call 888-477-4839 or request an appointment online today at Spiveylaw.com.