How Florida’s Comparative Negligence Law Affects Your Personal Injury Claim

Florida follows a modified comparative negligence law system. If you are found 50% or less at fault for an accident, you may still recover damages, reduced by your percentage of fault. If you are found more than 50% at fault, you are generally barred from recovering any compensation.

How the 51% Bar Works

This rule, enacted in 2023, applies to most negligence claims arising after March 24, 2023. Even a small increase in your assigned percentage of fault can significantly reduce the value of your claim—or eliminate it.

Why Evidence and Investigation Matter

Insurance companies and defense lawyers actively try to shift blame onto the injured person. Strong evidence (crash reconstruction, witness statements, vehicle data, surveillance) is often necessary to keep your percentage of fault as low as possible.

Practical Example

If your total damages are $200,000 and you are found 20% at fault, you could recover $160,000. If you are found 55% at fault, you recover nothing.

FAQ

Can I still recover if I was partly at fault?
Yes, provided you are not more than 50% responsible.

Who decides the percentage of fault?
It is a key part of negotiations but will be officially determined judge or jury only if the case goes to trial.

Does this rule apply to every personal injury case?
It applies to most personal injury claims. You should always consult an attorney.