Florida’s modified comparative negligence rule is used to determine fault in the majority of personal injury cases. Under this statute, your percentage of assigned fault can significantly impact the amount of compensation you are eligible to receive.
It is important to understand how fault is determined in the state where you file a personal injury claim. In Florida, insurance companies often use this rule to argue that injured victims shared liability for the accident. Learn more about how comparative negligence operates, why it matters, and how Payer Law can help with your case.
What Does Modified Comparative Negligence Mean?
Per Florida Statutes § 768.81, each party involved in a personal injury incident will be assigned a percentage of fault. You can only recover damages if you are 50% or less at fault for your injuries. However, your payout is reduced by your exact percentage of fault. For example, if you are assigned 20% fault for your injuries in a $100,000 case, you would recover $80,000.
If you are found to be 51% or more responsible, compensation is completely barred. With so much at stake, it is vital to speak with an attorney who has handled these types of cases and has a thorough understanding of how to build a strong, evidence-based claim.
Why Florida Changed Its Comparative Negligence Law
Florida changed to a modified comparative negligence rule on March 24, 2023, with the new law taking effect immediately. Previously, the state operated under a pure comparative negligence rule, which allowed injured parties to recover proportionately reduced compensation even if they were mostly at fault. The newly modified comparative negligence rule is much stricter, limiting recovery in most negligence cases where an injured person is more than 50% responsible for the accident.
The Impact of Comparative Negligence on Your Personal Injury Claim
Insurance companies may argue that an injured person shares responsibility for an accident in an effort to reduce the amount they must pay. Under Florida’s modified comparative negligence rule, your compensation may be reduced according to your percentage of fault, and you generally cannot recover damages if you are found to be more than 50% at fault for your own injuries. Because fault can have a significant effect on your recovery, it is important to build a strong case using evidence from several sources, including:
- Accident and police reports
- Photographs and videos
- Witness statements
- Medical records
- Expert testimony
- Accident reconstruction
A seasoned attorney could help collect hard-to-locate evidence for your case, such as expert testimony from medical professionals and accident reconstructionists.
Personal Injury Cases Where Comparative Negligence Plays a Role
Any personal injury case that involves negligence could be affected by Florida’s modified comparative fault laws. Attorney James D. Payer has helped many clients with various negligence-related cases in Florida. He has assisted with vehicle-accident claims involving cars, trucks, motorcycles, bicycles, and pedestrians. Similarly, he and his team have pursued compensation on behalf of clients who were hurt in a slip and fall on a negligent property owner’s premises.
Payer Law Represents Clients in Comparative Negligence Claims
If you are facing a comparative negligence claim, Payer Law can help protect your right to compensation. James D. Payer conducts thorough investigations, gathers evidence to establish liability, and works to minimize unfair fault allegations. Contact our law office today at (305) 363-7099 for a free consultation and learn how our team can help maximize your recovery.
Frequently Asked Questions
Can I Still Get Compensation if I Was Partly at Fault in Florida?
Yes. If you are 50% or less at fault, you can generally recover compensation, but your percentage of fault will reduce your award.
What if I Am Over 50% Responsible for the Accident?
In most Florida negligence cases, if you are more than 50% at fault, you cannot recover damages.
Who Determines Each Party’s Fault?
Fault is determined based on the evidence and may be decided by the insurance company during settlement negotiations or by a judge or jury if the case goes to trial.
Does Comparative Negligence Apply to All Personal Injury Cases?
No. While it applies to most negligence claims, there are exceptions, including medical negligence cases, which follow different rules.
Should I Consult a Lawyer if the Insurance Company Claims I Am Partly at Fault?
Yes. An attorney can review the evidence, challenge unfair fault determinations, and help protect your right to recover compensation.
