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Tort reform in plain English

Legislatures do not rewrite the civil system with a press release. They change three statutory variables: how long you have to sue, what happens if you share blame, and whether a jury can write a number for pain and suffering. This page tracks those variables, state by state.

Last checked Aug 31, 2026 · LawyerUnc editorial. Educational only, not legal advice.

The three statutory variables

The clock

Time limits

A statute of limitations is the filing deadline. Florida cut many injury clocks from four years to two in 2023. Missing it can end the claim.

The split

Shared blame

Pure comparative cuts your recovery by your percentage of fault. Modified systems zero you out at 50% or 51%. Contributory can zero you out at 1%.

The ceiling

Caps

Some states cap pain and suffering, especially in medical cases. A cap is not a typical verdict. It is a legal ceiling some files never reach and some files hit on day one.

States where the ground just moved

Florida 2023 and Georgia 2025 are the current national stories. The contributory holdouts (Alabama, Maryland, North Carolina, Virginia) are the quiet ones that still surprise people who moved south.

Florida (Mar. 24, 2023)

Modified (51% bar)

HB 837 (eff. Mar. 24, 2023). Still intact through the 2026 session.

In 2023 Florida cut the ordinary negligence clock from four years to two, and switched from pure comparative fault to a 51% bar. That is what a rewrite looks like on a real file.

New York (May 26, 2026)

Modified (51% bar)

Part EE of Chapter 58 of the Laws of 2026 (S9008-C / A10008-C). Auto cases got a more-at-fault bar. The rest of New York negligence law did not.

Do not read a Florida explainer and assume New York copied the whole house. Florida's 51% bar after HB 837 is ordinary negligence. New York's 2026 bar is a carveout for personal-injury actions subject to the No-Fault Law.

New Jersey (no 2020s rewrite)

Modified (51% bar)

The Comparative Negligence Act (L.1973, c.146; N.J.S.A. 2A:15-5.1) did not move. On January 1, 2026, minimum bodily-injury liability limits rose to $35,000 per person and $70,000 per accident on new and renewal policies (P.L.2022, c.87; N.J.S.A. 39:6B-1; DOBI Bulletin 25-06). That is a coverage floor. It is not a number for anyone's case, and it did not rewrite who can sue.

You can be zero percent at fault and still not sue for pain and suffering. That happens when the policy you bought says limitation on lawsuit and the injury is not on the six-item list in N.J.S.A. 39:6A-8. The declarations page answers that. A tort-reform headline does not.

California (Jan. 1, 2023)

Pure comparative

AB 35 adjusted MICRA. No general PI noneconomic cap.

California is still pure comparative for ordinary negligence. Sharing blame cuts the check. It does not zero it out.

Texas (Sept. 1, 2003)

Modified (51% bar)

The 2003 package (eff. Sept. 1, 2003) is still the cap. It was not replaced in the 2025 statutes.

The $250,000 is noneconomic damages in a health-care claim, per claimant. It is not $250,000 per doctor. Section 74.301(a) says the physician layer is one ceiling no matter how many physicians are sued. Medical bills and lost wages are not in that number.

Georgia (Apr. 21, 2025)

Modified (50% bar)

SB 68 and SB 69, both signed April 21, 2025. SB 69 was signed last. The two-year clock and the 50% bar did not move.

The two-year injury clock (O.C.G.A. § 9-3-33) and the 50% bar (O.C.G.A. § 51-12-33) are the same rules Georgia already had. 2025 did not copy Florida's clock cut or Florida's 51% bar.

Pennsylvania (no 2020s rewrite)

Modified (51% bar)

No Florida-style 2020s overhaul. Venue and med-mal fights are the usual terrain.

Two-year clock, 51% bar. That is the working map for an ordinary injury file.

Illinois (no cap in force)

Modified (51% bar)

Caps keep getting passed and then dying in the courts. Confirm current status. Do not trust a 2005 number.

Illinois is a reminder that a cap on a bill is not a cap on the books. The Supreme Court of Illinois has killed noneconomic caps more than once.

North Carolina (contributory, still in force)

Contributory (any fault can bar you)

Still one of four contributory states. Last-clear-chance and gross-contributory doctrines are the workarounds, not a legislative rewrite.

Contributory negligence means a 1% finding against you can zero the file. That is not a metaphor.

Virginia (contributory, still in force)

Contributory (any fault can bar you)

Contributory rule has survived repeated repeal attempts.

Same harsh fault rule as North Carolina, on a two-year clock instead of three.

Maryland (contributory, still in force)

Contributory (any fault can bar you)

The Court of Appeals kept contributory negligence. The legislature has not replaced it.

Maryland combines a contributory-fault bar with a noneconomic cap. That is a double filter.

Alabama (contributory, still in force)

Contributory (any fault can bar you)

Still contributory. Punitive-cap fights are the usual reform vehicle.

Alabama is not a no-fault state. Required coverage is liability insurance (Ala. Code § 32-7A-4), not PIP. People search that question because they heard Florida ads. The answer is no, and the next sentence is worse.

District of Columbia (2023)

Pure comparative

D.C. Law 24-173 (2023) left contributory negligence. D.C. is no longer in the holdout club with Maryland, Virginia, North Carolina, and Alabama.

Until 2023, D.C. was a contributory jurisdiction. It is not anymore. A crash on one side of Western Avenue and a crash on the other now live under different fault math.

Colorado (long-standing caps)

Modified (50% bar)

Caps plus a 50% bar. Incremental adjustments, not a 2023 Florida clone.

Colorado is what a long-running reform state looks like: a 50% bar, a two-year clock, and a noneconomic cap that legislators tune rather than explode.

Michigan (2019)

Modified (51% bar)

No-fault auto reform (2019) changed the daily economics more than a classic tort bill.

In Michigan, the auto insurance statute often matters more than the comparative-fault statute. Threshold, PIP choice, and attendant-care fights are the file.

Ohio (2005)

Modified (51% bar)

2005-era caps and damage statutes are the frame. Later cases have tested the exceptions.

Ohio pairs a 51% bar with noneconomic caps and a two-year clock. Catastrophic-injury exceptions are where the real fight is.

All 50 states: what happens if you share blame

This column is the fault rule only. Time limits and caps live on the state pages we have published. Fault rules do get amended. Recheck.

StateIf you share blameNotes
Alabama (contributory, still in force)Contributory (any fault can bar you)Full note
AlaskaPure comparativeFault rule only, so far
ArizonaPure comparativeFault rule only, so far
ArkansasModified (50% bar)Fault rule only, so far
California (Jan. 1, 2023)Pure comparativeFull note
Colorado (long-standing caps)Modified (50% bar)Full note
ConnecticutModified (51% bar)Fault rule only, so far
DelawareModified (51% bar)Fault rule only, so far
District of Columbia (2023)Pure comparativeFull note
Florida (Mar. 24, 2023)Modified (51% bar)Full note
Georgia (Apr. 21, 2025)Modified (50% bar)Full note
HawaiiModified (51% bar)Fault rule only, so far
IdahoModified (50% bar)Fault rule only, so far
Illinois (no cap in force)Modified (51% bar)Full note
IndianaModified (51% bar)Fault rule only, so far
IowaModified (51% bar)Fault rule only, so far
KansasModified (50% bar)Fault rule only, so far
KentuckyPure comparativeFault rule only, so far
LouisianaPure comparativeFault rule only, so far
MaineModified (50% bar)Fault rule only, so far
Maryland (contributory, still in force)Contributory (any fault can bar you)Full note
MassachusettsModified (51% bar)Fault rule only, so far
Michigan (2019)Modified (51% bar)Full note
MinnesotaModified (51% bar)Fault rule only, so far
MississippiPure comparativeFault rule only, so far
MissouriModified (51% bar)Fault rule only, so far
MontanaModified (51% bar)Fault rule only, so far
NebraskaModified (50% bar)Fault rule only, so far
NevadaModified (51% bar)Fault rule only, so far
New HampshireModified (51% bar)Fault rule only, so far
New Jersey (no 2020s rewrite)Modified (51% bar)Full note
New MexicoPure comparativeFault rule only, so far
New York (May 26, 2026)Pure comparativeFull note
North Carolina (contributory, still in force)Contributory (any fault can bar you)Full note
North DakotaModified (50% bar)Fault rule only, so far
Ohio (2005)Modified (51% bar)Full note
OklahomaModified (50% bar)Fault rule only, so far
OregonModified (51% bar)Fault rule only, so far
Pennsylvania (no 2020s rewrite)Modified (51% bar)Full note
Rhode IslandPure comparativeFault rule only, so far
South CarolinaModified (51% bar)Fault rule only, so far
South DakotaModified (50% bar)Fault rule only, so far
TennesseeModified (50% bar)Fault rule only, so far
Texas (Sept. 1, 2003)Modified (51% bar)Full note
UtahModified (50% bar)Fault rule only, so far
VermontModified (51% bar)Fault rule only, so far
Virginia (contributory, still in force)Contributory (any fault can bar you)Full note
WashingtonPure comparativeFault rule only, so far
West VirginiaModified (50% bar)Fault rule only, so far
WisconsinModified (51% bar)Fault rule only, so far
WyomingModified (51% bar)Fault rule only, so far