Florida Personal Injury Claims: The Rules You Need to Know Right Now

The Two-Year Clock: Florida's Statute of Limitations Has Changed

In my practice, the single most common — and most costly — mistake I see is someone assuming they have plenty of time to deal with their injury claim. That assumption used to be safer. It isn't anymore.

Florida's tort reform law, House Bill 837, took effect on March 24, 2023, and it cut the general negligence statute of limitations roughly in half. For most personal injury claims — car accidents, slip-and-falls, and other negligence-based injuries — the deadline to file suit is now two years from the date of the incident, if the accident happened on or after March 24, 2023. Accidents that occurred before that date generally still fall under the older four-year window.

This deadline is not a suggestion, and it's not something an insurance adjuster is going to remind you about. Miss it, and in almost every case your right to sue is gone permanently — regardless of how clear liability was or how serious your injuries are.

The 51% Rule: How Florida Now Handles Shared Fault

Just as important as the filing deadline is a second change HB 837 made to how fault gets divided. Florida used to follow "pure" comparative negligence — meaning even if you were 90% at fault for your own accident, you could still recover 10% of your damages from the other party.

That's gone for most cases. Florida now follows modified comparative negligence with a 51% bar. In plain terms: if a jury (or an insurance adjuster evaluating your claim) determines you were more than 50% responsible for your own injury, you recover nothing. If you're found 50% or less at fault, your damages are simply reduced by your percentage of fault.

• You're found 30% at fault, 70% the other driver's fault — you can still recover 70% of your damages.
• You're found 55% at fault — you recover nothing, even if the other party was partly to blame.

There is an important exception: this 51% bar does not apply to medical malpractice claims, which remain governed by the older pure comparative negligence standard.

What this means practically is that insurance companies now have a strong financial incentive to argue you were more than half at fault — even in cases where that seems like a stretch. How fault gets characterized early in your claim, often in your own statements to an adjuster, can determine whether you recover anything at all.

Florida Is Still a No-Fault State — PIP Hasn't Gone Away

There has been a lot of confusion circulating about whether Florida eliminated its no-fault insurance system in 2026. I want to be direct about this: Florida did not repeal no-fault insurance. Personal Injury Protection, or PIP, remains the law, and bills that would have ended the no-fault system did not pass during the most recent legislative session.

Here's how PIP still works after a car accident:

• Your own PIP coverage pays your medical bills and a portion of lost wages first — up to $10,000 — regardless of who caused the crash.
• To access any PIP medical benefits, you generally must receive initial medical care within 14 days of the accident. Wait longer, and you may lose those benefits entirely.
• The full $10,000 benefit is only available if a qualified medical provider determines you have an Emergency Medical Condition. Without that determination, PIP medical benefits are capped at a lower amount.

That 14-day window is easy to overlook when you're sore, shaken up, or assuming you'll "feel better in a few days." I've seen genuinely injured people lose access to meaningful medical coverage simply because they waited too long to see a doctor.

Slip-and-Falls and Premises Liability Follow the Same Rules

If you're injured on someone else's property — a wet grocery store floor, a poorly maintained staircase, inadequate lighting in a parking lot — that claim is a form of negligence, and it's now subject to the same two-year statute of limitations and the same 51% comparative negligence bar as car accident claims.

Premises liability cases often turn heavily on fault allocation. Property owners and their insurers frequently argue that the injured person wasn't paying attention, was wearing inappropriate footwear, or ignored a warning sign — all arguments aimed at pushing your share of fault above that critical 50% threshold. Documenting the condition that caused your fall, getting names of witnesses, and seeking prompt medical treatment all matter more under this framework than they did before 2023.

Dealing With Insurance Adjusters After 2023's Changes

What I tell Florida clients now is that the stakes of an early conversation with an insurance adjuster are higher than they used to be. Under the old pure comparative negligence rule, being partly at fault just reduced your recovery. Under the current 51% bar, an admission — even an offhand, apologetic one — that shifts perceived fault past the halfway mark can eliminate your claim entirely.

A few practical habits help protect your position:

• Stick to factual, unemotional statements about what happened; avoid speculating about fault.
• Get medical attention promptly — both for your health and to preserve PIP eligibility within that 14-day window.
• Keep records: photos, witness contact information, medical bills, and correspondence with any insurer.
• Understand that recorded statements to the other driver's insurance company are not required and can be used to argue you share more fault than you actually do.

None of this means every claim needs a lawsuit. Many claims resolve fairly through negotiation. But knowing the rules — the two-year deadline and the 51% bar — changes how carefully you should navigate that negotiation from day one.

This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.