Florida Governor Signs Sweeping Tort Reform Bill Into Law

On March 24, 2023, Florida Governor Ron DeSantis signed into law HB 837/SB 236, which is now in effect and will significantly impact tort cases.

This new law contains numerous changes to give insurers and other businesses greater protections against lawsuits.

• The statute of limitations for general negligence cases is reduced from four years to two years, with an exception for plaintiffs serving active duty military.
• Limitations are placed on the evidence admissible to prove the amount of damages for past or future medical care, with a greater focus on amounts actually paid or obliged to be paid in the future.
• Florida's comparative fault regime goes from a "pure" regime to a "modified" regime, meaning that a plaintiff found more than 50% at fault for the injuries claimed may not recover any damages. However, this change will not apply to medical negligence claims.