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US · South

Personal injury in
Florida.

By 7 min read

Florida applies modified-51 comparative fault since the HB 837 reform of 2023, which also halved the personal injury statute of limitations from four years to two.

Florida's personal injury landscape was substantially restructured by HB 837, signed into law in March 2023. The reform shifted Florida from pure comparative negligence to modified comparative with a 51% bar (claimants 51% or more at fault recover nothing) and halved the personal-injury statute of limitations from four years to two years for causes of action accruing on or after 24 March 2023.

Florida operates a full PIP no-fault scheme. Drivers carry mandatory $10,000 PIP coverage for medical and wage benefits regardless of fault; tort recovery for non-economic damages is available only where the claimant's injury meets the serious-injury threshold under § 627.737 — significant and permanent loss of an important bodily function, permanent injury within reasonable medical probability, significant and permanent scarring or disfigurement, or death.

The Florida medical-malpractice non-economic damages cap was struck down by the Florida Supreme Court in McCall v. United States (2014) and North Broward Hospital District v. Kalitan (2017). There is no general statutory cap on non-economic damages in Florida.

statute of limitations
2 years from date of injury (was 4; reduced by HB 837)

Fla. Stat. § 95.11(4)(a)

fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault. Florida changed from pure comparative to modified-51 under HB 837 (2023) for cases accruing on or after 24 March 2023.

FL · key facts

What makes Florida different.

The handful of details that distinguish this jurisdiction from its neighbours.

other US jurisdictions

Compare across United States.

How Florida compares to its sibling jurisdictions in United States on fault rule and limitation period.

JurisdictionFault ruleLimitation
Florida· you are hereModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)
Alabama (AL)Pure contributory negligence2 years from date of injury
Alaska (AK)Pure comparative negligence2 years from date of injury or discovery
Arizona (AZ)Pure comparative negligence2 years from date of injury
Arkansas (AR)Modified comparative — 50% bar3 years for personal injury; 2 years for medical malpractice
California (CA)Pure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)Modified comparative — 50% bar2 years for personal injury; 3 years for motor vehicle
Connecticut (CT)Modified comparative — 51% bar2 years from date of injury
Delaware (DE)Modified comparative — 51% bar2 years from date of injury
District of Columbia (DC)Pure contributory negligence3 years from date of injury
Georgia (GA)Modified comparative — 50% bar2 years from date of injury
Hawaii (HI)Modified comparative — 51% bar2 years from date of injury
Idaho (ID)Modified comparative — 50% bar2 years from date of injury
Illinois (IL)Modified comparative — 51% bar2 years from date of injury
Indiana (IN)Modified comparative — 51% bar2 years from date of injury
Iowa (IA)Modified comparative — 51% bar2 years from date of injury
Kansas (KS)Modified comparative — 50% bar2 years from date of injury
Kentucky (KY)Pure comparative negligence1 year for personal injury (one of the shortest in the US)
Louisiana (LA)Pure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Maine (ME)Modified comparative — 50% bar6 years for personal injury — longest in the US
Maryland (MD)Pure contributory negligence3 years from date of injury
Massachusetts (MA)Modified comparative — 51% bar3 years from date of injury
Michigan (MI)Modified comparative — 51% bar3 years from date of injury
Minnesota (MN)Modified comparative — 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Mississippi (MS)Pure comparative negligence3 years from date of injury
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Montana (MT)Modified comparative — 51% bar3 years from date of injury
Nebraska (NE)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Nevada (NV)Modified comparative — 51% bar2 years for personal injury; 3 years for medical malpractice
New Hampshire (NH)Modified comparative — 51% bar3 years from date of injury
New Jersey (NJ)Modified comparative — 51% bar2 years from date of injury
New Mexico (NM)Pure comparative negligence3 years from date of injury
New York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
North Carolina (NC)Pure contributory negligence3 years from date of injury
North Dakota (ND)Modified comparative — 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative — 51% bar2 years from date of injury
Oklahoma (OK)Modified comparative — 51% bar2 years from date of injury
Oregon (OR)Modified comparative — 51% bar2 years from date of injury
Pennsylvania (PA)Modified comparative — 51% bar2 years from date of injury
Rhode Island (RI)Pure comparative negligence3 years from date of injury
South Carolina (SC)Modified comparative — 51% bar3 years from date of injury
South Dakota (SD)Pure comparative negligence3 years from date of injury
Tennessee (TN)Modified comparative — 50% bar1 year from date of injury — among the shortest in the US
Texas (TX)Modified comparative — 51% bar2 years from date of injury
Utah (UT)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Vermont (VT)Modified comparative — 51% bar3 years from date of injury
Virginia (VA)Pure contributory negligence2 years from date of injury
Washington (WA)Pure comparative negligence3 years from date of injury
West Virginia (WV)Modified comparative — 51% bar2 years from date of injury
Wisconsin (WI)Modified comparative — 51% bar3 years from date of injury
Wyoming (WY)Modified comparative — 51% bar4 years from date of injury
FL · frequently asked

Common questions.

Common questions about personal injury claims in Florida, answered with the relevant statutory references.

editorial note

This page summarises the Florida statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Florida. See /methodology, /sources, and /disclaimer.