Table of Contents
florida mass tort laws hb 837 reform is a topic every injured Floridian should understand before filing a claim. On March 24, 2023, Governor Ron DeSantis signed House Bill 837 into law. It took effect the same day. The bill was one of the largest tort overhauls in Florida history.
It shortened filing deadlines and changed how fault is shared. It also limited the medical bill evidence juries can see. For people hurt by a defective drug, medical device, or consumer product, these rules can decide whether a claim succeeds. Knowing how florida mass tort laws hb 837 reform works can help you protect your rights. In most cases, waiting too long is now the biggest risk.
Mass torts involve many people harmed by the same product or conduct. Examples include earplugs, heartburn drugs, and hair relaxers. Florida has hosted several major cases. For example, the 3M Combat Arms earplug litigation was centralized in Pensacola. It ended with a $6 billion settlement in 2023. However, new Florida claims now face stricter rules. This guide explains florida mass tort laws hb 837 reform in plain English.
Key Changes Under Florida Mass Tort Laws HB 837 Reform
The biggest change is the negligence deadline. Before HB 837, Florida gave injured people four years to sue for negligence. The new law cut that to two years. The change is found in Section 95.11 of the Florida Statutes. It applies to negligence claims that arose after March 24, 2023. As a result, many victims now have half the time they once had.
Product liability claims are more complex. Claims based on strict product liability generally still follow a four-year deadline. However, many mass tort lawsuits include negligence counts too. Those negligence counts may now face the shorter two-year limit. Florida also keeps a 12-year statute of repose for many products. That rule can bar claims no matter when you discover the injury. Wrongful death claims remain at two years.
The second major change involves shared fault. Florida used “pure comparative negligence” for decades. That meant you could recover even if you were 99% at fault. Your award was simply reduced. Under florida mass tort laws hb 837 reform, Florida now uses “modified comparative negligence.” If a jury finds you more than 50% at fault, you recover nothing. This rule is in Section 768.81. Importantly, it does not apply to medical malpractice claims.
How HB 837 Affects Damages, Evidence, and Fees
HB 837 also changed how medical bills are proven. Section 768.0427 now limits evidence of past medical expenses. Juries typically see the amount actually paid, not the full billed amount. For example, if a hospital billed $80,000 but insurance paid $22,000, the jury may only see $22,000. This can lower the final award.
Future medical costs face limits as well. For people with health insurance, evidence may be tied to insurance rates. For uninsured people, the law uses benchmarks. These include 120% of Medicare rates, or 170% if Medicaid applies. Letters of protection also face new disclosure rules. A letter of protection is a promise to pay a doctor from a future settlement. Plaintiffs must now disclose these arrangements and any referral from their lawyer.
Attorney fee rules shifted too. HB 837 repealed one-way attorney fees in most insurance disputes. It also made fee “multipliers” rare. A multiplier raises a lawyer’s fee in hard cases. Now, the standard fee is presumed to be enough. The table below summarizes the main changes tied to florida mass tort laws hb 837 reform.
| Rule | Before HB 837 | After HB 837 |
|---|---|---|
| Negligence filing deadline | 4 years | 2 years |
| Strict product liability deadline | 4 years | Generally 4 years |
| Comparative fault | Pure (recover at any fault level) | Modified (barred if over 50% at fault) |
| Medical bill evidence | Full billed amounts often shown | Amounts paid or set benchmarks |
| Fee multipliers | More common | Only in rare cases |
| Effective date | N/A | March 24, 2023 |
How Florida Claims Fit Into Federal Mass Tort Cases
Many mass torts are handled in federal multidistrict litigation, or MDL. The Judicial Panel on Multidistrict Litigation groups similar cases before one judge. This speeds up evidence gathering. However, each case keeps its own state law. A Florida resident in a national MDL typically still faces Florida’s deadlines and fault rules. As a result, florida mass tort laws hb 837 reform can follow a Florida plaintiff into any courtroom.
Florida federal courts have handled major MDLs. The 3M earplug MDL (No. 2885) ran in the Northern District of Florida. At its peak, it held over 250,000 claims. That made it the largest MDL in U.S. history. The Zantac MDL (No. 2924) ran in the Southern District of Florida. In December 2022, the judge excluded the plaintiffs’ expert evidence. That ruling ended most federal Zantac claims. However, thousands of state court cases continued elsewhere.
Other states handle these issues differently. For example, California still uses pure comparative negligence. New York generally gives three years for personal injury. Georgia uses a 50% bar similar to Florida’s new rule. Texas bars recovery when a plaintiff is more than 50% at fault. Florida’s reform moved the state closer to Georgia and Texas.
What to Do If You Were Harmed in Florida
First, write down when you first noticed your injury. Florida’s deadlines often start when you knew, or should have known, about the harm. Under florida mass tort laws hb 837 reform, two years can pass quickly. Do not wait for a news story or a settlement announcement.
Second, gather your records early. Keep pharmacy receipts, product packaging, and medical records. Save lot numbers and serial numbers when possible. For example, a hernia mesh claim often needs the device sticker from your surgery file. Also keep insurance statements. Under the new rules, these show what was actually paid for your care.
📨 Get Free Mass Tort Guides Alerts
Free · No spam · Unsubscribe anytime
Third, check official sources for active litigation. The JPML website lists all pending MDLs and case counts. The FDA publishes recalls and safety warnings. The Florida Senate website posts the full text of HB 837. Typically, you should also speak with a licensed Florida attorney. Many work on contingency, meaning no fee unless you recover. However, fee rules changed, so ask how fees are calculated.
Finally, be honest about your own role. Because of the 50% bar, defendants may argue you misused a product. They may say you ignored warnings. In most cases, clear records of how you used the product help counter these claims. Understanding florida mass tort laws hb 837 reform helps you prepare for these defenses.
Frequently Asked Questions
Does HB 837 apply to my claim if I was injured before March 2023?
Typically, no. The shorter two-year negligence deadline applies to claims that arose after March 24, 2023. However, some evidence and fee rules may apply to cases filed later. A Florida lawyer can review your exact dates.
Can I still join a mass tort lawsuit in Florida if I was partly at fault?
Yes, in most cases. Under florida mass tort laws hb 837 reform, you can recover if you are 50% or less at fault. Your award is reduced by your share of fault. However, if you are found more than 50% at fault, you recover nothing.
How long do I have to file a defective drug or device claim in Florida?
Strict product liability claims generally still have four years. However, negligence claims now have only two years under florida mass tort laws hb 837 reform. Florida also has a 12-year statute of repose for many products. As a result, filing early is the safest approach.
Did HB 837 cap damages in Florida mass tort cases?
No, HB 837 did not create a dollar cap on damages. However, it limits how medical bills are shown to juries. For example, juries often see paid amounts instead of billed amounts. This can reduce the size of a verdict.
Check If You Qualify
You may be eligible for compensation from an active lawsuit and not even know it. Use our free tools to find out.
Official Sources & Resources
For verified mass tort and legal information:
- JPML (Case Data): jpml.uscourts.gov
- U.S. Department of Justice: justice.gov
- Cornell Law Institute: law.cornell.edu
- NCSL (State Laws): ncsl.org
- FDA Recalls & Safety: fda.gov
Content last reviewed September 2026. If you notice any outdated information, please contact us.
Related Guides
- Complete Mass Tort Guide
- All Active MDL Cases
- State Tort Reform Laws
- Eligibility Quiz Tool
- Damage Cap Lookup Tool
Attorney Advertising. The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by accessing or using this content. Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.