How Did Florida’s HB 837 Change Comparative Fault Claims?

Quick answer: Florida HB 837, enacted March 24, 2023, replaced the state’s pure comparative negligence system with a modified comparative negligence standard for most negligence claims. Under the new rule, injured plaintiffs found more than 50% responsible for their own harm generally cannot recover damages. The change applies to covered lawsuits filed after the law took effect, subject to applicable legal exceptions and protections for existing rights. Medical negligence claims remain exempt from the new 50% fault bar.

Florida’s House Bill 837 fundamentally changed how comparative fault claims are handled across the state. Signed into law on March 24, 2023, this legislation shifted Florida from a pure comparative negligence system to a modified comparative negligence system, a change that affects nearly every personal injury case filed since.

For plaintiffs, it’s necessary to understand this change before navigating Florida’s updated legal landscape, or to have an attorney who does. You can find such Orlando attorneys at the Law Offices of Amanda E. Wright.

What Was Florida’s Previous Comparative Negligence System?

Before HB 837, Florida operated under a pure comparative negligence system. This framework allowed injured plaintiffs to recover damages no matter how much fault they carried, even if that share exceeded 50%.

Consider a plaintiff found to be 90% at fault for an accident. Under the old system, that plaintiff could still recover 10% of their total damages. While this approach favored injured parties, it also created significant challenges for defendants, who often faced liability even when a plaintiff bore the overwhelming majority of fault.

What Are the Key Changes Introduced by HB 837?

HB 837 moved Florida to a modified comparative negligence standard, effective March 24, 2023. Under this rule, plaintiffs found more than 50% responsible for their own injuries generally cannot recover damages in covered negligence cases.

The law generally applies to covered causes of action filed after March 24, 2023, although questions involving earlier injuries or existing legal rights may require additional analysis. Medical negligence claims remain exempt from the new 50% fault bar, allowing injured plaintiffs to pursue proportionately reduced compensation even when their share of fault exceeds 50%.

How Does Florida’s 50% Comparative Fault Rule Work?

Consider a personal injury case involving $100,000 in recoverable damages. Under Florida’s modified comparative negligence system, the amount a plaintiff may recover depends on their assigned percentage of fault.

• 20% at fault: The plaintiff may recover $80,000.
• 40% at fault: The plaintiff may recover $60,000.
• 50% at fault: The plaintiff may recover $50,000.
• 51% at fault: The plaintiff generally cannot recover damages under the modified comparative negligence rule.

How Does HB 837 Affect Your Personal Injury Case?

Under the modified system, your compensation is reduced by whatever percentage of fault you’re assigned. If you’re found to be 51% or more at fault, you cannot recover any damages, regardless of how severe your injuries are or how much the other party contributed to the incident.

Depending on the circumstances of your case, you may be eligible to recover economic and non-economic damages. Economic damages include measurable financial losses, such as medical expenses and lost wages. Non-economic damages address injuries such as pain and suffering and loss of enjoyment of life. Punitive damages may also be available in exceptional cases involving intentional misconduct or gross negligence, subject to the additional legal requirements outlined in Florida Statute § 768.72.

Because of this shift, establishing each party’s percentage of fault has become even more important in personal injury litigation. Strong evidence supporting your version of events can make the difference between recovering reduced compensation and being barred from recovery entirely.

What Does This Mean for Personal Injury Victims?

Comparative fault arguments now play a more critical role in settlement negotiations and trials than they ever did under the pure comparative negligence system. In cases involving shared liability, careful documentation becomes essential, both to establish what happened and to defend your own conduct leading up to the incident.

Understanding your likely percentage of fault early in the process can shape your entire approach to settlement decisions. Victims who wait until trial to assess their fault exposure may find themselves at a disadvantage, since the 51% threshold under Florida HB 837 leaves little room for error.

Frequently Asked Questions

Does HB 837 apply to car accident claims in Florida?

Yes. Florida’s modified comparative negligence standard generally applies to covered car accident negligence claims filed after March 24, 2023. However, Florida’s no-fault insurance laws also affect what compensation may be available. In many cases, an injured person must meet the state’s serious injury threshold to recover noneconomic damages, such as pain and suffering. Claims for economic losses are subject to different requirements.

Are medical malpractice claims affected by HB 837?

No. Medical malpractice claims are exempt from the modified comparative negligence standard and remain under Florida’s pure comparative negligence system, allowing recovery even if the plaintiff is more than 50% at fault.

What happens if I’m found exactly 50% at fault?

Under the modified comparative negligence standard, a plaintiff found to be 50% or less at fault can still recover damages, reduced by their percentage of fault. Only plaintiffs found more than 50% at fault are barred from recovery.

Why does documenting my own conduct matter more now?

Since the 51% fault threshold determines whether you recover anything at all, thorough documentation of your actions before and during the incident can directly affect the outcome of your comparative fault claim.

Talk to a Personal Injury Attorney About Your Comparative Fault Claim

Comparative fault claims under Florida HB 837 are far less forgiving than they used to be, and that makes early legal guidance more valuable than ever. If you’ve been injured in or around Orlando, Florida, the Law Offices of Amanda E. Wright can help you understand your fault exposure and build a strategy to protect your right to compensation. Contact the Law Offices of Amanda E. Wright today for a free, no-obligation consultation.