Injured in Fort Myers? What Florida’s 2023 Tort Reform Means for Your Claim

Fort Myers has changed fast. Lee County has been one of the fastest-growing areas in Florida for years, the rebuild after Hurricane Ian has kept construction crews busy across the region, and every winter the population swells with seasonal residents and visitors heading for Fort Myers Beach, Sanibel and the Caloosahatchee waterfront. More people, more traffic, more construction and more activity on the water all mean more injuries. At the same time, the legal rules for injury claims in Florida changed dramatically. In March 2023, the Florida Legislature passed House Bill 837, one of the most significant overhauls of the state’s civil justice system in decades. Many Fort Myers residents still don’t know that the deadline to file a claim has been cut in half, or that being partly at fault can now wipe out their recovery entirely. This guide explains what changed, the injury claims most common in Southwest Florida, and what to do to protect yourself.

The Rules Changed in 2023 — Here’s What Matters Most

HB 837 took effect on March 24, 2023, and applies to most negligence claims arising after that date. Three changes affect almost every injured person in Fort Myers. The deadline is now two years. Florida’s statute of limitations for general negligence claims — car crashes, slip and falls, most premises claims — dropped from four years to two years. Many people still rely on the old four-year rule they heard about from friends or family. Missing the new deadline usually means losing the right to recover anything at all. Partial fault can now eliminate your claim. Florida used to follow pure comparative negligence, which allowed recovery even if you were mostly at fault. Under the new modified comparative negligence rule, if you are found more than 50% at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault. Insurers now have a strong incentive to push fault onto injured people. Medical damages are scrutinized differently. New rules govern how past and future medical expenses are proven, including disclosure requirements when treatment is provided under a letter of protection and greater focus on amounts actually paid by insurance rather than billed amounts. How your treatment is paid for can now affect what your claim is worth. Wrongful death claims in Florida continue to carry a two-year deadline from the date of death.

Common Personal Injury Claims in Fort Myers

Car, motorcycle and pedestrian accidents

Lee County’s roads — I-75, US-41 (the Tamiami Trail), Colonial Boulevard, Daniels Parkway and the bridges to Cape Coral — carry heavy local traffic year-round and a major seasonal surge from January through April. Visitors unfamiliar with local roads, aging drivers, distracted drivers and frequent construction zones all contribute. Florida’s no-fault PIP system adds a layer of complexity to these claims, with strict rules about when you must get treatment and when you can pursue the at-fault driver for pain and suffering.

Slip, trip and fall injuries

In a tourism and retail economy, premises liability claims are common — from grocery stores and big-box retailers along US-41 to hotels, restaurants and condominium properties. Under Florida Statute 768.0755, when a fall in a business is caused by a “transitory foreign substance” like a spill, the injured person must prove the business knew or should have known about the hazard. That makes fast evidence-gathering — photos, witnesses and surveillance footage — essential.

Negligent security

When a person is assaulted at an apartment complex, parking lot, hotel or business because of inadequate lighting, broken locks or missing security, the property owner may share responsibility. HB 837 made these cases harder: juries must now apportion fault to the criminal attacker, and certain multifamily property owners who meet statutory security standards receive a presumption against liability. These claims require careful evaluation from the outset.

Boating and watercraft accidents

With the Caloosahatchee River, Estero Bay, Pine Island Sound and the Gulf all close to home, boating is part of daily life in Fort Myers. Florida consistently ranks among the states with the most reportable boating accidents in the country. Operator inattention, excessive speed, alcohol and inexperience are leading causes. Boating claims can involve operators, owners, rental companies and charter businesses, and some may involve federal maritime law.

Dog bites

Florida imposes strict liability on dog owners for bites under Florida Statute 767.04, meaning the victim usually does not have to prove the owner knew the dog was dangerous. There are exceptions — including a prominently displayed “Bad Dog” sign in some situations, which does not apply to children under six — and the victim’s own conduct can reduce recovery.

Construction and workplace injuries

Post-Ian rebuilding and new development across Lee County mean many active job sites. Injured workers generally receive workers’ compensation from their employer, but may also have claims against negligent third parties such as other contractors, equipment manufacturers or property owners.

What to Do After an Injury in Fort Myers

Get medical care promptly. For car accidents in particular, Florida’s PIP rules require initial treatment within 14 days. For any injury, delays in treatment are used by insurers to argue that you weren’t really hurt. Report the incident. Call the police after a crash. Report a fall or injury to the business’s manager and ask for a copy of the incident report. Document everything. Photograph the scene, your injuries, the hazard and any vehicles involved. Collect names and phone numbers of witnesses. Preserve video. Businesses, condominiums and traffic cameras often overwrite footage within days. A lawyer can send a preservation letter immediately. Be cautious with insurers. The other side’s adjuster may call quickly and ask for a recorded statement. Under the new fault rules, a careless comment can cost you your entire claim. Keep records of your losses — medical bills, lost wages, mileage to appointments, and how the injury affects your daily life.

What Damages Can You Recover?

Florida allows injured people to pursue economic damages such as medical expenses, lost wages and loss of future earning capacity, and non-economic damages such as pain and suffering, mental anguish, disfigurement and loss of enjoyment of life. Punitive damages are available only in limited cases involving intentional misconduct or gross negligence. In car accident cases, Florida’s no-fault rules limit non-economic damages to injuries that meet a statutory threshold, such as permanent injury or significant scarring. In most other injury cases, no such threshold applies.

Injured While Running a Business or Working for Yourself

Southwest Florida has a large share of small business owners, contractors, real estate professionals and self-employed workers — many in seasonal industries where a lost winter means a lost year. For these clients, an injury’s financial impact is often the largest part of the claim and the easiest part for insurers to undervalue. Lost commissions, cancelled contracts, the cost of hiring help, and reduced capacity during peak season are all compensable when properly documented. Keep tax returns, invoices, bank statements and client communications that show what your income was before the injury and how it changed afterward.

When to Hire a Fort Myers Personal Injury Lawyer

The 2023 reforms shifted the balance of power in Florida injury claims. With a shorter deadline, a fault rule that can eliminate recovery, and stricter medical damages rules, the early decisions in a claim matter more than ever. An experienced attorney investigates fault before the insurer’s narrative takes hold, preserves evidence, identifies every source of insurance coverage, makes sure medical treatment is documented in a way that supports the claim under the new evidence rules, and tracks the two-year deadline. If you’ve been injured in Lee County, speaking with a qualified Fort Myers personal injury lawyer early can make the difference between a fair recovery and a claim that falls apart. When choosing representation, look for local experience with Lee County courts, a clear understanding of the post-2023 rules, trial experience, and transparent communication about fees and expenses. Most personal injury lawyers offer a free initial consultation and work on contingency.

Don’t Let the New Rules Catch You Off Guard

Fort Myers offers an exceptional quality of life, but growth, tourism and construction mean injuries happen every day. Florida’s new personal injury rules leave less room for delay and less room for mistakes. Get treatment, document what happened, protect yourself in conversations with insurers, and get advice well before the two-year deadline approaches. The sooner you act, the stronger your claim will be.

Written by

Mike Gingerich

Author

Author: Mike Gingerich, President of web firm Digital Hill, Co-Founder of TabSite .
Digital and Social Media Marketer, Speaker, and Business Consultant. Part geek, part marketer, total digital junkie! Seeking to add value, make the complex simple, and leave a positive impact.

Follow me on twitter: @mike_gingerich.