Understanding Comparative Negligence in Florida: What It Means for Your Injury Claim
When someone is injured in an accident, figuring out who is at fault isn’t always black and white. In many cases, both parties share some degree of responsibility. That’s where the concept of comparative negligence comes into play.
In Florida, understanding how comparative negligence works is crucial. It can significantly affect your ability to recover damages in a personal injury case—and how much you actually receive in a settlement or court award.
What Is Comparative Negligence?
Comparative negligence is a legal rule used to determine how much responsibility each party bears in causing an accident. Instead of placing 100% of the blame on one person, the court—or the insurance company—can assign percentages of fault to everyone involved.
For example, if you were injured in a car accident but you were also texting at the time of the crash, you may be considered partially responsible for your own injuries. Comparative negligence takes that into account when calculating how much compensation you’re eligible to receive.
Florida’s Modified Comparative Negligence Rule
As of March 24, 2023, Florida uses a modified comparative negligence system. This is a key change from the pure comparative negligence model the state used in the past.
Under the new rule, if you are found to be more than 50% at fault for the accident, you cannot recover any damages at all. However, if you are 50% or less at fault, your compensation will simply be reduced by your percentage of fault.
Let’s break it down with an example:
- You’re awarded $100,000 in damages after a slip and fall accident.
- The court finds you 30% at fault for not noticing a warning sign.
- You would still be eligible to receive $70,000 (which is 70% of the total).
But if you were found 51% at fault, you would recover nothing.
How Fault Is Determined
Determining fault isn’t always straightforward. It’s based on evidence such as:
- Police reports
- Witness statements
- Surveillance footage
- Medical records
- Expert testimony (such as accident reconstruction or safety experts)
In many personal injury cases, especially car accidents and premises liability claims, both the plaintiff (the injured person) and the defendant (the person being sued) try to prove the other party was more at fault. Insurance companies are often heavily involved in this process and may try to minimize their policyholder’s liability—or even blame the injured person altogether.
Why Comparative Negligence Matters in Settlements
Most personal injury cases don’t make it to trial. They’re resolved through negotiations. But comparative negligence can still affect the final outcome.
If you’re seeking $50,000 in damages and there’s a strong chance you’ll be found partially at fault, the insurance company might offer less based on what they estimate your share of fault will be. Even if you never go to court, comparative negligence influences how both sides evaluate the risks and value of the case.
This makes solid evidence and a strong strategy critical. It’s not just about proving the other person was at fault—it’s about minimizing your own percentage of fault as much as possible.
Can Comparative Negligence Apply to All Injury Cases?
Yes, Florida’s comparative negligence rule can apply to many types of personal injury claims, including:
- Car, truck, or motorcycle accidents
- Slip and fall cases
- Dog bites
- Workplace accidents (in certain cases)
- Product liability
In each situation, your own actions leading up to the injury will be scrutinized. That doesn’t mean you need to be perfect—but it does mean your role in the incident will affect your compensation.
Final Thoughts
Comparative negligence isn’t just a legal term—it’s a factor that can significantly shape the outcome of your injury claim in Florida. Understanding how it works, especially under the state’s newer 2023 rules, can help you manage expectations and make better-informed decisions if you’ve been hurt in an accident.
Knowing what’s at stake—and how fault can be shared—can make all the difference in protecting your rights and recovering what you’re owed.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or brandon personal injury lawyer contact us today for a case evaluation today!
