Understanding Florida’s Comparative Negligence Law in Personal Injury Cases

Florida’s comparative negligence law means that even if you are partially at fault for an accident, you may still be eligible for compensation. However, the amount you recover depends on your degree of fault. For example, if you’re found 30% responsible for a car crash, your compensation will be reduced by that percentage. Insurance companies often use this law to their advantage, attempting to shift more blame onto you to minimize payouts. 

Don’t let greedy insurance companies take advantage of your situation—having a skilled Deerfield Beach personal injury lawyer by your side can make all the difference. At Fuentes & Berrio, our experienced attorneys will build a strong case to protect your rights and ensure you receive the maximum compensation possible. Contact us to explore your legal options. 

What Is Comparative Negligence?

Comparative negligence is a legal principle that allocates fault among parties involved in an accident. Essentially, it assesses the degree of responsibility each party holds in causing the incident. This assessment influences the compensation each party can claim. 

For instance, if two drivers collide and both are found to be at fault, comparative negligence laws determine how damages are divided based on each party’s level of fault. If Driver A is deemed 70% responsible and Driver B 30%, Driver B can recover 70% of their total damages from Driver A.

Florida’s Shift from Pure to Modified Comparative Negligence

Before 2023, Florida adhered to a “pure comparative negligence” system. Under this system, an injured party could recover damages even if they were predominantly at fault. For example, someone who is 90% responsible for an accident could still claim 10% of their damages from the other party.

However, significant changes were enacted on March 24, 2023, when Governor Ron DeSantis signed House Bill 837 into law. This legislation transitioned Florida to a “modified comparative negligence” system. Under the new law, if you’re found to be more than 50% at fault for your injuries, you’re barred from recovering any damages. This shift aims to prevent individuals who are primarily responsible for their injuries from seeking compensation.

Implications of the Modified Comparative Negligence Law

The adoption of the modified comparative negligence standard has a profound impact on personal injury claims in Florida:

• Recovery Barred Above 50% Fault: If you’re found to be more than 50% responsible for the accident, you cannot recover any damages. For instance, if a jury determines you’re 60% at fault, you’re ineligible for compensation.

• Proportional Compensation: If your fault is 50% or less, you can recover damages reduced by your percentage of fault. So, if you’re 30% at fault and your damages total $100,000, you’d be entitled to $70,000.

• Exclusion of Medical Malpractice Cases: Notably, this modified standard doesn’t apply to medical malpractice claims. Such cases continue to operate under the pure comparative negligence system, allowing plaintiffs to recover damages even if they’re predominantly at fault.

Here’s a Practical Example

Consider a scenario where you’re involved in a car accident:

• Total Damages: $200,000
• Your Fault: 40%
• Other Party’s Fault: 60%

Under Florida’s modified comparative negligence law, you’d be eligible to recover 60% of your damages, equating to $120,000. However, if the tables were turned and you were 60% at fault, you’d be barred from any recovery.

Why This Change Matters

This shift from pure to modified comparative negligence is significant for several reasons:

• It Encourages Personal Responsibility = Individuals are incentivized to act responsibly, knowing that being primarily at fault eliminates the possibility of compensation.

• It Reduces Litigation – By limiting recovery options for those predominantly at fault, the law aims to decrease frivolous lawsuits and reduce the burden on the legal system.

• It Aligns with Majority of States – With this change, Florida joins the majority of states that have adopted the modified comparative negligence standard, promoting consistency in personal injury law across the country.

Navigating Your Personal Injury Claim

Successfully navigating a personal injury claim under Florida’s comparative negligence law requires careful planning. Here’s how you can take control of your case:

Consult with a Personal Injury Attorney

The first step is to seek advice from an experienced personal injury lawyer. At Fuentes & Berrio, our Deerfield Beach attorneys will assess the specifics of your case, determine potential fault percentages, and guide you through the legal process. We’ll help you understand your rights and build a strategy to maximize your compensation.

Gather Evidence

Strong evidence is critical to proving your claim. Collect photos of the accident scene, witness statements, police reports, and medical records. These documents will help establish fault accurately and counter any attempts by insurance companies to shift blame onto you.

Understand Potential Outcomes

Under Florida law, if you’re found more than 50% at fault, you won’t be eligible for compensation. An attorney can help you set realistic expectations and work to minimize your fault percentage, ensuring you receive the compensation you deserve.

Act Promptly

Florida has strict statutes of limitations for personal injury claims, typically four years from the date of the accident. Filing your claim promptly is essential to preserving your right to compensation.

Maximize Your Recovery with OUr Florida Personal Injury Lawyers

Under Florida’s comparative negligence law, your compensation is directly tied to your degree of fault in an accident. This makes it critical to have a skilled attorney who can advocate for your best interests. At Fuentes & Berrio, we counter their strategies with an aggressive legal approach. 

Our Florida personal injury attorneys go beyond the basics. We gather rock-solid evidence, collaborate with accident reconstruction experts, and leverage cutting-edge technology to build an unshakable case. Whether it’s analyzing traffic camera footage, consulting medical professionals, or using digital tools to recreate the accident scene, we leave no stone unturned. Our goal is to shut down unfair blame tactics before they can harm your claim and maximize your recovery.

We also understand that every case is unique, which is why we tailor our strategies to your specific circumstances. From negotiating settlements to representing you in court, we’re committed to fighting for the compensation you deserve—whether it’s for medical bills, lost wages, or pain and suffering.

Contact Us Today to Schedule a Free Case Evaluation

Don’t let issues related to comparative negligence law stand in your way. Fill out our online contact form today to schedule your free consultation, or call 954-752-1110 to speak directly with our team. Let us help you secure the justice and compensation you deserve.