At a Glance: Florida Tort Reform Changes Every Miami Victim Needs to Know
| Change | What It Means |
|---|---|
| Negligence Deadline | 2 years to file (was 4). Waiting too long = no case. |
| Comparative Fault Rule | If you’re more than 50% at fault, you recover $0. |
| Insurance Bad Faith | Insurers get 90 days to fix mistakes. Bad-faith lawsuits are harder to win. |
| Medical Damages | Only claim what was paid (not billed). Medicare/insurance rates apply |
| Uninured Drivers | No pain/suffering claims allowed if you didn’t carry insurance. |
| Negligent Security | Property owners get legal protection if they meet safety standards. The criminal’s fault is now counted. |
If you were injured in a car crash in Miami, slipped in a grocery store in Little Havana, or were assaulted outside a Wynwood club, Florida’s 2023 tort reform laws have changed what you can recover and how fast you need to act. These aren’t just technical legal shifts. They directly affect your personal injury rights and the strength of your case.
Here’s what every accident victim in South Florida needs to know.
The Clock Now Ticks Faster: 2-Year Statute of Limitations
In the past, injured Floridians had four years to file a negligence lawsuit. That window has now been cut in half. As of March 24, 2023, victims have just two years to file most personal injury claims, including car accidents, falls, and other negligence cases (HB 837, “Governor DeSantis Signs Comprehensive Legal Reforms into Law”).
This compressed timeline means hesitation can cost you everything. Suppose you’re rear-ended on I-95 in July 2023. You now have until July 2025 to file. Miss that window? Your right to compensation disappears. The only narrow exception is for active-duty servicemembers, whose claims may be tolled. The same applies to wrongful death claims: the deadline has always been two years, and that hasn’t changed.
Call a lawyer right after your accident. There’s no longer time to “wait and see.”
The “51% Rule” Means Fault Is Everything
Florida replaced its “pure comparative negligence” model with a tougher rule: if you’re found even 51% at fault, you recover nothing.
Let’s say a jury decides you were speeding and not wearing a seatbelt and finds you 55% responsible for your injuries. That 5% margin now means no payout. Under the old law, you would’ve still recovered 45% of your damages.
This creates a strong incentive for insurance companies to dig for anything that makes you seem more responsible. Was your phone in your hand? Were you in a hurry? Any detail can be twisted to shift the blame just past 50%.
This shift affects everything from legal strategy to settlement value. If you’re unsure whether your case clears this threshold, talk to a lawyer fast. At Stabinski Law, we build fault-resistant claims from the ground up.
Bad Faith Claims Are Now Harder—But Not Impossible
In the past, if an insurance company mishandled your claim, you could sue them for bad faith, even if they were simply careless. That’s no longer the case.
Under the new law, mere negligence isn’t enough. You must show the insurer acted dishonestly or in reckless disregard. They also get 90 days to fix their error after being formally notified by your lawyer.
That “safe harbor” gives insurers more control. But it also means well-constructed legal notices carry more weight. If your claim is solid, the insurer has an incentive to settle fast to avoid liability.
If they don’t—and you’ve cooperated fully—you may still pursue a bad faith case. But the bar is higher now. Let our team guide you through the right process.
Damage Awards Are Smaller and More Regulated
There’s no hard cap on damages in Florida, but the new law significantly limits what juries can consider when awarding medical costs. They’ll now see what was actually paid, not what was billed.
If your surgery cost $50,000 on paper, but your health insurer paid $10,000, the jury only sees $10,000 as the value of your medical damages. Not $50,000, but the actual amount paid. If you’re uninsured, the court won’t accept that $50,000 figure either. Instead, it uses a formula: 120% of what Medicare would have paid. If Medicare’s rate for that surgery is $8,000, your damages are capped at $9,600, even if your bill says otherwise.
Letters of Protection (used when you don’t have insurance) are also now disclosed in court, including whether your provider sold your medical debt to a third party. That transparency can affect how “reasonable” your charges appear.
Drive Uninsured? You Just Gave Up Your Pain & Suffering Claim
Another major change: if you own a car and didn’t carry mandatory insurance at the time of a crash, you can no longer recover for pain and suffering, even if the crash wasn’t your fault.
This “no pay, no play” rule only applies to vehicle owners, not passengers, cyclists, or pedestrians. But if you’re uninsured, you lose the right to recover non-economic damages unless the at-fault driver was drunk or acted intentionally.
This law has real teeth. Even if you broke your leg in a wreck, you may only recover medical bills and lost wages. Pain, trauma, and emotional distress? Off the table.
Tougher Cases for Victims of Crime on Property
If you were hurt due to violence on someone else’s property, like a nightclub or apartment complex, your case just got more difficult.
Property owners now have a legal presumption of no liability if they follow basic safety guidelines, such as lighting, cameras, and employee screening. And even if you prove negligence, the jury must consider the fault of the criminal.
So if you’re attacked in a South Beach parking lot and the jury finds the business 40% responsible and the criminal 60%, you only recover 40% of your damages. If the attacker can’t be found or sued, the rest goes unpaid.
This shift makes negligent security cases more challenging to win and reduces their potential value.
What Should Miami Accident Victims Do Now?
Here’s what hasn’t changed: victims still have rights. But now, you have less time and less room for error.
- Call an attorney immediately. Two years go fast.
- Gather all relevant information: photos, witness names, and medical records.
- Avoid statements that might hurt your fault percentage.
- Make sure your vehicle is properly insured.
- Work with lawyers who take a personalized approach to every case.
At Stabinski Law, we don’t chase volume. We focus on each case like it’s the only one we have.
Choose a Firm That Actually Knows Your Name
We’re not a billboard operation. We’re a Miami personal injury law firm with decades of results, a bilingual team, and a genuine commitment to our clients.
If you’ve been injured since March 2023, don’t risk your case by waiting or going it alone. These new laws are complex, but we know them inside and out.
Call Stabinski Law for a free consultation. No fees unless we recover. Real representation. Real results.
