Howard Coker | April 29, 2025 | Personal Injury
If you were injured in an accident in Florida, you might be wondering how much responsibility matters when it comes to recovering compensation. Florida follows a legal rule called modified comparative negligence, and understanding it can be key to protecting your rights.
Comparative negligence comes into play when more than one party shares fault for an accident. Even if you were partially to blame, you might still be able to recover damages. However, the amount you can collect may be reduced based on your percentage of fault.
Here’s a closer look at how comparative negligence works under Florida law and why it is so important for injury victims to understand.
How Does Florida’s Comparative Negligence System Work?
Florida updated its comparative negligence law in 2023. Before, Florida used a pure comparative negligence system, which allowed you to recover damages even if you were mostly at fault. Now, Florida has a modified comparative negligence law with a 51% bar to recovery.
This means:
- You can recover damages if you are 50% or less at fault for the accident.
- If you are 51% or more responsible, you will be barred from recovering any compensation.
- If you are partially responsible but below the 51% threshold, your compensation will be reduced by your percentage of fault.
For example, if you are awarded $50,000 in damages but are found to be 10% at fault, your recovery would be reduced by 10%, allowing you to collect $45,000.
If you are 51% at fault, you would receive nothing under the current law. However, note that this law does not apply to claims against your personal injury protection (PIP) car insurance; it only applies to claims against the party responsible for your injuries.
How Is Fault Determined in a Florida Personal Injury Case?
Determining fault is a crucial part of any personal injury case in Florida. Insurance adjusters, attorneys, and sometimes juries will assess the facts and assign percentages of fault to everyone involved.
Evidence used to determine fault often includes:
- Police or accident reports
- Eyewitness testimony
- Photos and videos from the accident scene
- Expert witness opinions, such as those of accident reconstruction specialists
- Medical records linking injuries to the accident
Because insurance companies have an incentive to assign you as much blame as possible, it’s important to have an experienced attorney in your corner. Your lawyer can challenge any unfair claims or denials and advocate for a fair outcome.
How Comparative Negligence Can Impact Your Case
Florida’s comparative negligence rule can have a major impact on the outcome of your case. It can affect:
- How much money you recover: Even a small percentage of fault assigned to you can reduce your compensation significantly.
- Settlement negotiations: Insurance companies often use comparative negligence as a tool to lower settlement offers.
- Trial outcomes: If your case goes to court, the jury will likely assign a percentage of fault to each party, which directly affects the final award.
Because of these factors, building a strong case with as little assigned fault as possible is essential for maximizing your recovery.
Examples of Comparative Negligence in Florida
Here are a few real-world examples of how Florida’s comparative negligence system might work:
- Car accident: You are rear-ended at a stoplight, but your brake lights were out. The court finds you 10% at fault for failing to maintain your vehicle. Your damages are reduced by 10%.
- Slip and fall: You slip on a wet floor in a grocery store but were also texting on your phone and not paying attention. The jury finds you to be 30% responsible. Your award is reduced accordingly.
- Bicycle accident: A car turns left in front of you while you are biking, but you were also riding slightly over the speed limit. You are found to be 15% at fault.
These examples show that even minor mistakes can impact the value of your personal injury case.
Even if you think you might be partially at fault, you could still have the right to recover substantial compensation under the state’s comparative negligence laws. A personal injury lawyer can help you with your claim.
Contact The Personal Injury Law Firm of Coker Law Personal Injury Lawyers For a Free Consultation
For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
