In March 2023, Florida passed HB 837, one of the most sweeping tort reform laws in the state’s history. It changed how fault is weighed, how long you have to file, and how your medical bills are valued in court. Three years on, these changes are now the standard rules for car accident claims in Florida.
If you were injured in a Sarasota crash, your case is being evaluated under a different legal framework than it would have been a few years ago. This article breaks down what HB 837 changed and how it may affect your claim in 2026.
If your case involves shared fault or strict deadlines, it may be helpful to review your situation with a Sarasota car accident lawyer.
What HB 837 Changed About Florida Injury Claims
HB 837 changed several core rules of Florida personal injury law when it was signed on March 24, 2023.
The law applies to claims filed after that date, which means most car accident cases in Florida today fall under its rules. Three changes matter most for injured drivers and passengers. The first affects recovery when fault is shared. The second shortens the time to file a lawsuit. The third changes how medical expenses are proven in court. The sections below break each of these down.
The 51% Bar: How Shared Fault Can End Your Claim
Florida now bars you from recovering anything if you are found more than 50% at fault for your own injuries.
The statute is direct:
“In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.” — Fla. Stat. §768.81(6)
Before HB 837, Florida used “pure” comparative negligence. You could recover even if you were 99% at fault, provided your share was reduced. Now the state uses a “modified” system. Cross the 50% line, and you recover nothing.
Say your damages are $200,000 and you are found 60% at fault. Under the old rule, you recovered $80,000. Under the new rule, you recover zero. Below 51%, your award is still reduced by your fault percentage. One exception remains: medical malpractice claims still use the old pure standard.
You Now Have Two Years, Not Four, to File
HB 837 reduced the deadline to file most negligence claims in Florida from four years to two. The two-year clock usually starts on the date of the injury. It applies to claims that accrued after March 24, 2023, which means most Sarasota car accident cases today fall under this shorter window. If that deadline passes, the case is typically barred, even if the facts are strong.
That really just means there is less time to delay decisions, and evidence is easier to preserve early than later.
How Your Medical Bills Are Valued in Court
HB 837 changed how medical expenses are proven in Florida injury cases. Past medical bills that have already been paid are now valued at the amount actually paid, not the original billed amount. For uninsured patients, the admissible value of medical care is generally limited to 120% of the Medicare reimbursement rate under Fla. Stat. §768.0427, which also governs letters of protection.
As a result, the full “billed” amount is no longer what drives damages in front of a jury.
What HB 837 Means for a Sarasota Crash Claim in 2026
By 2026, HB 837 isn’t new anymore. It’s just the framework every case now runs through. Fault matters more now because exceeding 50% can shut a case down completely. The two-year deadline also means there’s less space to wait things out or “see how it develops.”
And medical proof has shifted too. It’s not just about the amount on the bill anymore. It’s about how that care is documented and how it fits into the claim.
Nothing about this stops a valid case from existing. It just makes timing and evidence more important than they used to be.
Florida Injury Claims Before and After HB 837
|
Rule |
Before HB 837 |
After HB 837 (2026) |
| Comparative fault | Pure (recover even at 99% fault) | Modified; barred above 50% fault |
| Filing deadline | 4 years | 2 years |
| Paid medical bills | Often billed amount | Amount actually paid |
| Uninsured medical value | Billed amount | 120% of Medicare rate |
| Medical malpractice fault | Pure comparative | Still pure comparative |
| Overall balance | Plaintiff-friendly | Defense/insurer-friendly |
FAQs
Does HB 837 apply to my car accident?
Yes, if your crash happened after March 24, 2023. The law applies to negligence claims arising after that date, which covers essentially every current Florida car accident. The pre-2023 rules only matter for older claims still working through the system.
Can I still recover if the crash was partly my fault?
Often, yes, as long as you are not found more than 50% at fault. Below that line, your damages are reduced by your share of fault. At 51% or higher, the 51% bar blocks recovery entirely, which is why how fault is assigned now matters so much.
How long do I have to file a car accident lawsuit in Florida now?
You generally have two years from the date of injury for crashes after March 24, 2023. That is half the old four-year window. Because some deadlines vary by claim type, confirming your specific deadline early is the safest course.
Why does HB 837 make my medical bills worth less?
The law limits the evidence of medical damages to amounts actually paid, or to 120% of the Medicare rate if you are uninsured. It does not erase your treatment. It changes the dollar figure a jury is allowed to consider, which can lower the medical portion of a claim.
Is the 51% bar the same for medical malpractice?
No. Medical malpractice claims are carved out of the 51% bar and still follow the old pure comparative negligence rule. The 51% bar applies to ordinary negligence claims, such as car accidents.
What should I do differently because of HB 837?
Report the crash, get checked by a doctor, and keep anything that shows what happened, like photos, messages, or the police report. The main thing HB 837 changed is that timing and fault matter more now, so it helps to have your case reviewed early rather than sitting on it.
Conclusion
HB 837 has changed how injury cases move forward in Florida. In 2026, these rules are just the starting point for every claim. Fault matters more, deadlines are shorter, and medical bills are looked at differently than before. What that really means is simple: cases now depend more on solid evidence and early action.
If you are weighing a Sarasota crash claim under the current rules, the attorneys at Buckman, Buckman & Castellano P.A. regularly handle cases shaped by fault disputes, filing deadlines, and medical-damages valuation after HB 837. Reach out for a consultation to review how the law applies to your situation.
