Florida’s HB 837, signed in March 2023, shortened the statute of limitations for general negligence claims from four years to two, adopted modified comparative negligence (a claimant found more than 50% at fault generally recovers nothing), and changed how medical expenses are proven. Florida PI firms buying car accident leads now screen more carefully for accident date, fault, and treatment.
HB 837 was the most significant change to Florida tort law in years. Signed in March 2023, it reshaped the landscape for personal injury firms across the state, and its effects extend directly into how firms buy and screen car accident leads. A lead that would have been a strong case before the law changed may now be weak or unviable, and screening criteria that worked well in 2022 may no longer protect a firm’s spend.
What changed
Statute of limitations
For negligence claims arising after March 24, 2023, the limitations period for general negligence in Florida generally dropped from four years to two. That halves the time claimants have to bring a case and makes the accident date a much more important screening question than it used to be.
Modified comparative negligence
Before HB 837, Florida used pure comparative negligence, under which a claimant could recover damages even if they were mostly at fault, with the award reduced by their share of fault. The state now uses a modified system: a claimant found more than 50% at fault generally cannot recover anything, with an exception for medical negligence cases. For claimants who share significant fault, this can be the difference between a reduced recovery and none at all.
Medical damages evidence
The law introduced new rules governing what evidence of medical expenses is admissible at trial, including disclosure requirements for treatment provided under letters of protection. These changes affect how damages are proven and, in some cases, how much can be recovered.
Bad faith and fee changes
HB 837 also changed the rules for insurer bad-faith litigation and removed one-way attorney fee provisions in many insurance cases, which previously allowed prevailing policyholders to recover their attorney fees from insurers. Both changes affect the economics of certain cases.
How lead screening changed
Accident date
With a two-year window instead of four, older accidents need a closer look. Most Florida firms now set a recent-accident window for their leads, and treat any claimant whose accident is close to the two-year deadline as a priority call, since there may be little time left to act.
Fault
Under modified comparative negligence, a claimant who was mostly at fault may have no recovery at all. Screening now typically separates claimants who say they were “not at fault,” “partially at fault,” and “unsure,” rather than simply asking whether they were at fault. Many firms exclude claimants who clearly describe themselves as primarily at fault, and route the “unsure” group to intake for a closer conversation.
Treatment
Florida’s no-fault system still requires drivers to carry personal injury protection (PIP) coverage of $10,000, and initial treatment generally must occur within 14 days of the accident for the injured person to receive PIP benefits. Leads that have not treated, or who treated late, are evaluated differently, and many firms make timely treatment a hard screening criterion.
Letters of protection
Because treatment provided under a letter of protection now carries disclosure requirements, some firms ask how the claimant’s treatment is being paid for: through health insurance, PIP, a letter of protection, or out of pocket. The answer affects how damages will be proven.
Suggested Florida MVA screening questions
The questions below reflect the changes HB 837 introduced. Most Florida personal injury firms will want to ask some version of each before a lead is delivered.
This article is general information for law firms and is not legal advice. See our personal injury lead program and what makes an MVA lead qualified.
Frequently asked questions
What is the statute of limitations for car accidents in Florida?
For negligence claims arising after March 24, 2023, it is generally two years under the changes made by HB 837. Earlier claims were generally subject to four years.
Can you recover in Florida if you were partly at fault?
Yes, if you were 50% or less at fault; recovery is reduced by your share of fault. A claimant found more than 50% at fault generally cannot recover, except in medical negligence cases.
What is the 14-day rule in Florida?
To receive personal injury protection (PIP) benefits, an injured person generally must receive initial medical treatment within 14 days of the accident.
Written by the IronFlow Advertising team
IronFlow Advertising builds exclusive lead generation campaigns for law firms, lenders, insurance agencies, and home service companies. Questions about anything in this article? Call (251) 233-4916 or send us a note.