Changes in Personal Injury Law in Florida are reshaping how claims are filed, defended, and compensated. The 2023 case law reform and clarification, as well as the 2025 legislation, imply considerable changes in the state’s procedure for handling personal injury claims. The combined effect of the legal changes is to revolutionize both the litigation process and damage calculations.
This article focuses on:
- The current updates in Florida’s PIP law
- Potential effects on:
- Injured parties
- Law firms
- Insurance carriers
- Healthcare providers
- Things to expect in the future
Let’s understand these changes and why they’re essential for navigating Florida’s evolving legal system.
What is PIP law in Florida?
Florida’s Personal Injury Protection (PIP) law is a compulsory regulation of “no-fault” insurance for motor vehicles registered in the state. It requires that all vehicles maintain at least a two-layer PIP coverage of $10,000.
Furthermore, personal injury protection covers certain expenses. These include medical treatment, loss of income, and other injury-related costs resulting from a car accident, regardless of who is at fault.
Individuals are expected to seek reimbursement directly from their insurance company, rather than proceeding with a lawsuit against the at-fault party.
Why Does PIP Law Exist?
PIP law facilitates the easy processing of claims by enabling quick compensation for even minor injuries while reducing the burden on courts. The goal was to provide fast, dependable access to medical care without the involvement of lawyers to determine liability.
It also aimed to reduce litigation costs, and the number of personal injury lawsuits associated with automobile accidents.
Ongoing Criticism of the PIP System:
The PIP system was intended to simplify claims, but it has generated general controversy over the years. One of the more contentious issues with this model system is related to fraud and abuse. Some of the allegations associated with the PIP Law are:
- Inflated medical bills
- Staged accidents
- Manipulated claims
It was also noted that PIP premiums increased for many drivers, but the benefits received under law were significantly less. PIP coverage, too, tended to be insufficient for severe or long-term injuries, often undercompensating victims.
The last few years have been marked by numerous attempts to implement significant reforms that address these issues and enhance fairness between insurers and accident victims.
Significant Changes in Personal Injury Law Reforms (2023–2025)
Florida’s new PIP law includes a very important aspect that shifts toward medical billing transparency. The new laws require attorneys to disclose the basis for whether or not the medical bills are introduced as evidence of what was paid for medical services or an estimated figure from a company supply. This is to avoid jury inflation cases where actual medical costs are represented otherwise than they ought to be with respect to damage calculations.
For these people, the new rule implies that they will not receive their full compensation damages, especially in cases where the payment of the benefits depends on how the medical expenses are treated and/or paid. Even though the injury itself might not change or the treatment provided for it remains unchanged, how the medical bills are presented can affect the amount of the eventual compensation award. For personal injury victims, understanding how the new rule works is very crucial to preparing a strong case.
Significant Changes in Personal Injury Law Reforms (2023–2025)
Florida’s legal frameworks for personal injury and PIP insurance have changed as part of recent reforms. These reforms were scheduled for implementation in 2023 and 2025, respectively. Their objective was to reform the system into fairer means, reduce abuse, and speed up the claims process.
A. Statute of Limitations Now 2 Years
Reduced Filing Period:
The general rule of personal injury in Florida is found at Fla. Stat. § 95.11(5) (2025). This means that most personal injury lawsuits must be filed in court within two years of the incident.
The period usually starts on the date you were injured. In other cases, such as those where the injury is unknown for a while, the lawsuit will begin later, thereby giving more time to sue.
Injuries Caused by Negligence:
Most PI incidents happen because the defendant (the party from whom you are claiming) has not been careful enough in the circumstances. The law calls that negligence. Under Fla. Stat. § 95.11(5)(a) (2025), one has two years to sue for such causes (including all other negligence actions).
Impact on Injury Victims:
The law imposes immediate pressure on injury victims, as the clock starts ticking from the moment the accident occurs. To preserve their right to compensation, they must act quickly and initiate legal action without delay.
If they fail to file their claims within the two-year window, they forfeit their claims to recover for the injuries. Victims of injuries have to take legal action immediately after an accident instead of wasting time doing something else to avoid the consequences.
B. Modified Comparative Negligence (51% Bar Rule)
New Comparative Fault Standard:
Previously, pure comparative negligence was applicable in Florida. This permitted those injured to recover, even if they were almost 99% at fault. However, the state has now moved forward to establish a modified comparative negligence rule.
It means that a person injured can no longer recover damages if he is found to be more than 51% responsible for the occurrence of the incident.
Florida's "Modified Comparative Negligence" Rule:
Florida has adopted the “modified comparative negligence” rule. Now, your damages will be reduced by the percentage of fault attributed to you in the accident per Fla. Stat. § 768.81(2) (2025).
But if your share of liability exceeds 50%, you are not entitled to recover under the new comparative negligence principles according to Fla. Stat. § 768.81 (6) (2025).
Implications for Claims:
This now emphasizes the determination of degrees of fault for each case. Sometimes, plaintiffs will acknowledge that they share some portion of the blame. But if they are found to be at least 50% responsible, they won’t be allowed to recover any damages.
Liability can be drawn from both plaintiffs and defendants. This places strong emphasis on establishing liability and clearly showing who was responsible for the accident. It also reinforces for plaintiffs the need to have strong evidence to mitigate their fault and possibly recover compensation.
Example Scenario:
If a pedestrian crosses a road while writing a text message and then hits a speeding driver, the pedestrian will be deemed more than 50% liable under the new law. As a result, the pedestrian will not be able to seek legal assistance to receive compensation for their injury.
C. Medical Billing Transparency (2023 Reform)
Addressing Inflated Medical Bills:
Medical billing of personal injury claims is now a regulated practice with the 2023 changes. The new law allows only the actual amounts paid to be put forth in court. This will eliminate the process of presenting inflated medical bills from third-party medical vendors, which could artificially inflate the damages awarded to plaintiffs.
Impact on Damage Calculations:
It is a fundamental reform in soft tissue injury cases, where inflated medical bills often result in jury awards far higher than justified by the actual incurred costs. The law seeks to ensure that compensation is more closely tied to actual medical expenses by restricting what can be introduced as evidence.
Implications for Plaintiffs and Attorneys:
For all plaintiffs and their legal advisors, there is now increased pressure to carefully maintain accurate documentation of their medical expenses and scrutinize every bill considered in their cases.
Attorneys must ensure that the amounts presented in court accurately represent the amounts paid. The bill should not include inflated charges that may expose them to reductions in the compensation amount.
D. HB 837 Tort Reform (Still in Effect)
Key Tort Reforms:
Another critical reform package is HB 837, which was passed in 2023. The major comprehensive tort reform features included:
Caps on Non-Economic Damages:
In most negligence claims, the amount of compensation for non-economic damages such as pain and suffering is now capped at $500,000.
Limits on Punitive Damages:
Punitive damages would be limited to three times the compensatory damages or $2 million, whichever is greater.
Elimination of One-Way Attorney Fees:
The law has eliminated the prior provision that permitted plaintiffs to go back to court for attorney’s fees even when the latter lost the case.
Stricter Bad-Faith Insurance Claims Standard:
It is no longer easy to substantiate bad-faith insurance claims because there is a need for more than just proof of negligence.
Impact on Injury Victims:
These reforms reduce the amounts recoverable by plaintiffs in all cases of pain and suffering. There is now a lower cap on damages in nuisance claims, which is likely to affect the overall value of these claims significantly.
Impact on Insurers:
Reforms are more secure for insurers since payment-limiting exposures to personal injuries are presented. These limits on damages, combined with the more challenging path for plaintiffs to win bad faith claims, therefore, contribute to a more predictable and stable legal climate for insurance companies.
Proposed Changes in 2025 (Pending Legislation)
These changes, which have already been implemented, are part of some of the anticipated significant changes in Florida’s personal injury law that could alter the claims process for 2025 and beyond.
1. PIP Repeal: HB 1181/1256
Proposed Repeal of PIP:
One of the most significant legislative changes being discussed currently is the repeal of mandatory PIP coverage in Florida. Under HB 1181 and SB 1256, the state would abolish the PIP system by July 1, 2026, and switch to a fault-based system instead. Under that law, bodily injury insurance and property damage insurance would be mandated rather than PIP.
Impact on Claims and Litigation:
The repeal of PIP would transition Florida from a no-fault system to a fault-based system, meaning that individuals would need to prove fault to recover compensation for their injuries.
This shift would likely lead to more litigation, as fault would need to be determined in each case. While proponents argue that the change would reduce fraud, opponents warn that it could lead to higher insurance premiums and more complex claims processes.
2. Medical Billing Evidence Rollback: HB 947 / SB 1520
Proposed Rollback of Medical Billing Transparency:
Another notable proposal for 2025 is HB 947/SB 1520, which grants a release for plaintiffs seeking to introduce billed amounts for medical services in court. If this bill passes, then it will allow personal injury cases to inflate their damage awards by using higher medical bills as evidence.
Implications for the Legal Process:
If this bill passes, it could result in higher jury awards and potentially prolonged litigation. Insurance companies and defendants are therefore expected to oppose this change, as it would mean further financial exposure for them.
Impact on Law Firms, Insurers, and Claimants
Law Firms
Law firms must adapt to the changing legal landscape by modifying their client intake processes, evidence collection methods, and dispute resolution approaches. Whereas a shorter statute of limitation period and comparative negligence reforms now require law firms to expedite their work in handling personal injury claims with thoroughness and speed.
Insurers
New comparative fault rules and caps on non-economic damages protect insurers’ interests against undue payouts. However, given possible changes in PIP coverage and the escalation of litigation in the otherwise fault-based system, some changes may be necessary for insurers’ claims processes.
Injury Victims
Injury victims now must act with utmost speed and collect the most substantial evidence that can support their case in court. They, too, must get ready to prove that the other party was predominantly at fault and ensure that their medical bills are accurately represented in court.
5 Common Personal Injury Cases in Florida (2025 Context)
Auto Accidents:
The regulations on comparative negligence and the potential abolition of PIP coverage will impact numerous aspects of automotive accident claims.
Dog Bites:
Depending on the circumstances of the incident, liability for dog bites shifts under a modified comparative fault rule.
Workplace Injuries:
Changes in Workers’ Compensation and Personal Injury Law Will Affect Claims for Injuries Sustained in the Workplace.
Medical Malpractice:
Affidavits of merit aren’t required; however, a medical malpractice case is still subject to a two-year statute of limitations and caps on non-economic damages.
Wrongful Death:
Although the time limitation for bringing claims remains the same, the cap placed on damages will affect the amount awarded to the survivors. Under Fla. Stat. § 95.11(5)(e) (2025), the lawsuit must be filed within two years from the date of death.
What to Watch in Late 2025
As we approach the end of 2025, several key questions remain unanswered. Will the changes in personal injury law pass and take effect in 2026? Will the rollback of medical billing transparency go through? How will the new digital mediation programs impact case resolution?
Summary
Florida’s personal injury and PIP laws are evolving swiftly, with some reforms behind us and still more to come. The year 2025 is a pivotal moment in legal development, and hence, it is very susceptible to both great opportunities and significant obstacles. It is highly pertinent for all parties involved, including legal practitioners, insurance carriers, and injured parties, to stay current with such changes.
