Florida personal injury laws underwent significant transformations affecting how victims pursue compensation and how attorneys handle claims. Understanding these changes is essential to protecting your rights after an accident. Contact Cardoso Law, PLLC, to schedule a consultation with a trusted Florida personal injury lawyer. We can guide you through these new legal requirements to pursue a full settlement for your claim.
Florida Personal Injury Law Key Updates 2025
House Bill 837 introduced sweeping reforms that fundamentally altered the landscape of personal injury laws in Florida. These modifications impact everything from filing deadlines to how courts determine fault and calculate personal injury damages.
Reduced Statute of Limitations
Florida law now imposes stricter deadlines for filing personal injury lawsuits. Victims must act promptly to preserve their legal rights and avoid losing their opportunity for compensation forever. The deadline changes are as follows:
- Previous Statute of Limitations – Injury victims had four years from the date of the accident to file a lawsuit in civil court, providing more time to assess injuries and gather evidence.
- New Statute of Limitations – The deadline has been reduced to two years from the date of injury, halving the filing window and requiring faster legal action.
Modified Comparative Negligence
Florida abandoned its previous fault system in favor of a modified approach that can completely bar recovery for victims who share responsibility. Florida Statute § 768.81 now applies a stricter standard when determining compensation. Understanding how courts assign fault percentages becomes even more critical under the new rules, which are explained as follows:
- Under the Old System – Pure comparative negligence allowed injured parties to recover damages even if they were 99 percent at fault, with their award reduced proportionally by their percentage of responsibility.
- Under the New System – Modified comparative negligence prevents any recovery if you are found 50 percent or more responsible for causing your injuries, making fault determination a make-or-break issue.
PIP (Personal Injury Protection) Adjustments
PIP insurance requirements and coverage limits evolved under the recent legislative changes. Medical providers now face different reimbursement rates that directly impact your access to care and how quickly bills get paid. The changes are as follows:
- Non-emergency treatment is capped at 80 percent of Medicare rates.
- Emergency medical services receive 200 percent of Medicare rates.
- Payment speed for medical bills varies by provider.
- Treatment options may be limited based on provider acceptance.
- Healthcare providers are selective about accepting PIP claims.
Changes to Workers’ Compensation Reimbursements
The legislature adjusted reimbursement structures that affect workplace injury claims. Both employees and employers face different financial landscapes when dealing with on-the-job injuries, which are as follows:
- For Injured Workers – Medical treatment reimbursement rates now more closely follow Medicare schedules, potentially reducing provider participation and impacting the quality of care available under workers’ compensation coverage.
- For Employers – While lower reimbursement rates may help reduce overall workers’ compensation insurance costs, the new framework has also increased compliance obligations and administrative complexity.
- For All – The changes create a more complex system requiring careful attention to medical billing codes, treatment authorization procedures, and reimbursement calculations that affect claim values.
Tort Reform Enhancements
HB 837 includes provisions designed to limit certain types of claims and damages awards. These reforms have a significant impact on how we pursue compensation for our clients and what evidence courts will accept. The changes are as follows:
- Bad Faith Claims – Insurers now have stronger protections against bad faith lawsuits, making it more difficult to hold them accountable for denying valid claims or unreasonably delaying payments.
- Medical Damages – Courts now apply stricter scrutiny to medical billing, requiring documentation of actual amounts paid rather than billed charges, which can substantially reduce the value of economic damages in injury cases.
Attorney Fees
The new law modified how courts award attorney fees in personal injury cases under Florida Statute § 57.104. Fee-shifting provisions now favor defendants in certain situations, potentially discouraging legitimate claims and making it riskier for victims to pursue justice. These changes affect our ability to take cases on contingency and impact the overall cost-benefit analysis when deciding whether to file a lawsuit.
How Florida’s New Deadlines Affect Your Claim
The shortened statute of limitations means you cannot afford to wait when considering legal action. Missing the two-year deadline eliminates your right to file a lawsuit, regardless of how strong your case might be or how severe your injuries are.
Exceptions to Time Limits
Certain circumstances can pause or extend filing deadlines under Florida law. Courts recognize that some situations justify an extension of time to bring claims, such as the following:
- The discovery rule applies when injuries are not immediately apparent
- Fraudulent concealment by the defendant
- Minority tolling for victims under 18 years old
- Mental incapacity of the injured party
- Defendant’s absence from Florida
- Ongoing criminal investigation related to the incident
Impact on Both Victims and Attorneys
The changes in personal injury law in FL create new challenges for everyone involved in the claims process. Both injured parties and their legal representatives must adapt strategies to maximize recovery under the following stricter rules:
- Personal Injury Victims – You face tighter deadlines, higher burdens of proof, potential complete bars to recovery if you share fault, reduced medical damage calculations, and more aggressive insurance company tactics emboldened by the new protections.
- Personal Injury Attorneys – We must move faster to investigate claims, gather evidence more thoroughly before filing, prepare for more aggressive defense strategies, carefully calculate comparative fault percentages, and adjust fee structures to account for new risks.
Effect on Florida Personal Injury Cases
The reforms reshape the process of how cases proceed from initial consultation through trial or settlement. Every stage of the legal process now operates under different rules and expectations, such as the following:
- Faster case timelines and investigation periods
- More detailed early case evaluation
- Increased importance of immediate evidence preservation
- Greater emphasis on fault determination
- Lower settlement offers from insurance companies
- More cases going to trial
- Changed damage calculation methods
- Stricter medical billing documentation requirements
How Can a Personal Injury Lawyer at Cardoso Law, PLLC, Help You
At Cardoso Law, PLLC, we stay current on every legislative change affecting your rights and adjust our strategies accordingly. Our team works diligently to maximize compensation for personal injury claims under the new legal framework, while meeting all deadlines and procedural requirements, by doing the following:
- Evaluating your case under current laws
- Calculating filing deadlines precisely
- Gathering evidence quickly and thoroughly
- Building strong fault arguments
- Documenting medical expenses properly
- Countering low settlement offers
- Preparing cases for trial when necessary
- Navigating PIP claim complexities
- Identifying all applicable exceptions
- Protecting your rights at every stage
Contact Cardoso Law, PLLC, Today for Help
Don’t let Florida’s new legal requirements prevent you from getting the compensation you’re entitled to for your injuries. Call Cardoso Law, PLLC, or reach out online to schedule a free, no-obligation consultation. You’ll speak with an experienced personal injury lawyer in Florida who understands the 2025 changes and knows how to build winning cases under the current law.
