Florida Comparative Negligence Law Explained

Florida follows a modified comparative negligence law system. This rule determines whether you can recover compensation and how much you can recover when more than one party shares fault for an accident.

How the Rule Works If you are found to be 50% or less at fault for the accident, you may still recover damages. Your compensation is reduced by your percentage of fault. If you are found to be more than 50% at fault, you are generally barred from recovering any damages.

Example Suppose your total damages are $100,000 and you are found 20% at fault. You could recover $80,000. If you are found 55% at fault, you would recover nothing under the current rule.

Why Fault Percentages Matter So Much Insurance companies and defense lawyers often try to shift as much blame as possible onto the injured person. Even small increases in your percentage of fault can significantly reduce the value of your claim—or eliminate it entirely.

How a Lawyer Protects You An experienced personal injury lawyer investigates the accident, gathers evidence, speaks with witnesses, and challenges inaccurate fault determinations. Strong evidence can keep your percentage of fault as low as possible.

This rule applies to most negligence claims arising after March 24, 2023. Medical malpractice claims follow different rules.

Britto & Herman Injury Lawyers helps clients in Jupiter and Palm Beach County protect their rights under Florida’s comparative negligence system.

FAQs

Can I still recover money if I was partly at fault? Yes, as long as you are not found more than 50% responsible for the accident. Your recovery will be reduced by your percentage of fault.

Who decides the percentage of fault? Fault percentages are determined through negotiation, mediation, or, if the case goes to trial, by a judge or jury.

Does this rule apply to all personal injury cases? It applies to most negligence claims. Medical malpractice cases are treated differently under Florida law.