Car Accident Pre-Settlement Funding in Florida
State rules that shape pre-settlement funding for Florida car accident claims, reviewed around the 2023 tort-reform shift to a two-year deadline and 50% comparative-fault bar.
Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.
Bills do not wait for your case.
Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.
The Florida rules that shape this claim
The rules below shape how a Florida car accident funding claim is underwritten and how quickly it can move toward resolution.
Two years from the date of the accident for a cause of action accruing on or after March 24, 2023; claims that accrued before that date remain governed by the prior four-year period (Fla. Stat. §95.11(4)(a), as amended by 2023 Fla. Laws ch. 2023-15 (HB 837)).
Modified comparative negligence — a plaintiff found more than 50% at fault for their own harm recovers nothing (Fla. Stat. §768.81, as amended by HB 837, for causes of action accruing on or after March 24, 2023). Before that date, Florida applied pure comparative negligence, so which fault rule governs a given claim depends on the accident date, not the filing date or funding date.
No statutory cap applies to non-economic damages in an ordinary auto-negligence case. Florida's medical-malpractice non-economic caps were held unconstitutional by the Florida Supreme Court (North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017)) and never applied to claims against a negligent driver in any event.
Generally unavailable pre-verdict on unliquidated tort damages. Post-judgment interest accrues at a rate set quarterly by the Florida Chief Financial Officer (Fla. Stat. §55.03).
The county where the accident occurred or where the defendant resides (Fla. Stat. §47.011).
Florida has no dedicated consumer litigation funding statute. No statutory cap.
How Florida regulates consumer legal funding
Reviewed September 17, 2026. Legal information, not legal advice.
How terms are set for Florida plaintiffs
Rates and terms are set by the capital provider and written in the provider’s agreement before signing.
Florida car accident claims with clean liability can resolve within a year, but the 2023 shift from pure to modified comparative negligence has made fault allocation a more heavily litigated issue than before, and cases where the defense pushes a plaintiff's share of fault toward the 50% bar frequently extend well beyond that window.
How did Florida's 2023 tort reform change car accident claims?
HB 837 cut Florida's negligence statute of limitations from four years to two and replaced pure comparative negligence with a modified rule: a plaintiff found more than 50% at fault now recovers nothing. Both changes apply to causes of action accruing on or after March 24, 2023.
For a car accident that happened before that date, the old four-year deadline and pure comparative fault rule still control, even if the claim is being funded or litigated today. Confirming the exact accident date — not just when the claim came in for funding — is now a threshold step in evaluating any Florida car accident claim, since two claims filed the same week can be governed by entirely different legal regimes.
Does the 50% bar apply to every Florida car accident claim now?
Only to claims that accrued on or after March 24, 2023. A collision that occurred before that date is still governed by Florida's prior pure comparative negligence rule, meaning a plaintiff there can recover a reduced amount even at high fault percentages.
This two-track system means the accident date is doing real legal work in Florida in a way it doesn't in most other states. Underwriting has to pull the actual date of loss before applying either the fault rule or the limitations period, rather than assuming the current law governs by default. Because both the fault rule and the filing deadline hinge on this same cutoff, underwriting a claim tied to an accident near the March 2023 boundary should verify the precise accident date before applying either rule, since a difference of even a few days can change which legal regime controls.
Car Accident Funding questions in Florida
For accidents on or after March 24, 2023, Florida gives you two years to file (Fla. Stat. §95.11(4)(a), as amended by HB 837). Accidents before that date are still governed by the prior four-year period. Because the deadline depends on when the accident happened, confirming the exact accident date is essential before assuming which limitations period applies.
Since HB 837 took effect for causes of action accruing on or after March 24, 2023, a Florida plaintiff found more than 50% at fault for their own accident recovers nothing (Fla. Stat. §768.81). Before that date, Florida used pure comparative negligence, allowing recovery at any fault level. Which rule applies depends entirely on the accident date.
No. Florida does not cap non-economic damages in an ordinary claim against a negligent driver. The state's medical-malpractice damages caps were struck down as unconstitutional by the Florida Supreme Court and never applied to auto-negligence claims to begin with (North Broward Hosp. Dist. v. Kalitan). Recovery in a Florida car accident case is instead limited by the facts, available coverage, and the state's 50% comparative-fault bar.
Suit is generally filed in the county where the accident occurred or where the defendant resides (Fla. Stat. §47.011). Venue affects both the applicable jury pool and how quickly a case is likely to move through the docket, both relevant to how long a claim will take to resolve. Confirming proper venue early can avoid delay from a contested transfer motion later in the case.
Fla. Stat. §95.11(4)(a) · 2023 Fla. Laws ch. 2023-15 (HB 837) · Fla. Stat. §768.81 · North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017) · Fla. Stat. §55.03 · Fla. Stat. §47.011
Reviewed September 17, 2026. Legal information, not legal advice.
Request funding for your case.
Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.