What Is Florida’s Comparative Negligence Law?
Florida uses a modified comparative negligence system. If you’re 50% or less at fault in an accident, you can still recover damages, but your payout is reduced by your percentage of fault. If you’re 51% or more at fault, you get nothing.
The law changed in 2023 as part of tort reform. Before that, Florida followed a pure comparative negligence system, where injured parties could recover some damages no matter their level of fault. Now, anyone found mostly responsible for an accident loses the right to compensation.
How Comparative Negligence Works in Florida
Liability Breakdown
When an accident happens, the court (or insurance adjusters during settlement negotiations) assigns a percentage of fault to each party. Your compensation is reduced based on your share of the blame.
Example Scenario
If you’re 30% at fault in an accident and win $100,000, you only receive $70,000 after the reduction. The 30% deduction accounts for your share of responsibility.
51% Bar Rule
If you’re 51% or more at fault, Florida law bars you from recovering anything.
Say a driver is speeding through an intersection going 20 mph over the limit. At the same time, another driver makes an illegal left turn in front of them.
- The court finds the speeder 55% at fault for going too fast to avoid the crash.
- The driver making the illegal left is 45% at fault for failing to yield.
Because the speeder is over 51% at fault, they get nothing. The left-turning driver, being under 51%, can still recover 55% of their damages.
The 2023 Florida Tort Reform & Changes to Negligence Laws
On March 24, 2023, Florida shifted from a pure comparative negligence system to a modified version.
Why the Change?
Lawmakers passed House Bill 837 with the goal of reducing lawsuits and lowering insurance costs. They argued that under the old system, too many partially at-fault plaintiffs could still recover damages, which increased legal expenses for businesses and insurers.
Who Benefits—and Who Doesn’t?
Insurance companies and businesses see fewer claims and reduced payouts. People hurt in accidents will now likely have a harder time recovering compensation. Fault percentages matter more than ever.
Exceptions to Florida’s Comparative Negligence Law
Florida’s modified comparative negligence rule applies to most personal injury cases where fault is shared. Any claim involving negligence and financial damages may be affected.
Where It Applies
- Car accidents – Fault percentage affects how much a driver can recover.
- Slip-and-fall cases – Property owners argue negligence to reduce payouts.
- Workplace injuries – When a third party is involved, partial fault can lower compensation.
- Product liability claims – Manufacturers may argue improper use contributed to an injury.
- Dog bite cases – Owners may claim the victim provoked the animal to reduce liability.
- Other personal injury claims – Lawsuits involving shared fault, including boating accidents, pedestrian injuries, and recreational accidents, can also fall under this rule.
Exceptions
- Medical malpractice – Florida still follows pure comparative negligence, so patients can recover damages even if they hold more than 50% of the blame.
- Claims against the government – Different liability rules apply, and compensation may be capped.
How Fault Is Determined in a Comparative Negligence Case
Fault percentage is assigned based on evidence, arguments, and, in some cases, negotiation. Insurance companies, judges, and juries look at the details of each case before deciding who is responsible and by how much.
Who Decides Fault?
- Insurance Adjusters – In most cases, the insurance companies involved make the first determination based on accident reports, statements, and evidence. Their goal is to pay out as little as possible, which means they may assign more fault to reduce their financial liability.
- Judges and Juries – If a case goes to trial, the final decision on fault lies with the court. Attorneys for both sides present evidence, and a judge or jury determines the percentage of blame for each party.
What Evidence Matters Most?
- Police or Accident Reports – Officers assess the scene and may note who appeared responsible, but their conclusions aren’t final and can be challenged.
- Witness Statements – Independent witnesses can support or contradict the accounts of those involved.
- Video or Photo Evidence – Surveillance footage, dashcam recordings, and accident scene photos help establish the sequence of events.
- Medical Records – Injury documentation can show the severity of the accident and whether injuries align with the reported events.
- Expert Testimony – Accident reconstruction specialists, medical professionals, or engineers may provide opinions on how the accident happened and who is at fault.
How Fault Percentages Are Negotiated
Insurance companies rarely accept a claimant’s version of events without question. Adjusters usually try to assign more blame to the injured party to reduce the payout. Attorneys push back by presenting evidence, questioning assumptions, and negotiating for a lower fault percentage.
- If an insurance company initially assigns 40% fault, an attorney may provide additional evidence that reduces it to 20%, increasing the final payout.
- If negotiations fail, the case may go to court, where a judge or jury reassesses the evidence and makes the final determination.
Can Fault Percentages Be Changed?
Yes, fault determinations aren’t permanent. New evidence, expert analysis, or inconsistencies in the opposing party’s argument can shift the assigned percentage.
Protecting Yourself in a Case Involving Comparative Negligence
Insurance companies and at-fault parties look for ways to shift blame to reduce payouts. What happens after an accident can decide whether you receive compensation or walk away with nothing. The right steps early on help protect your ability to recover damages.
Document the Scene
- Take photos and videos of the accident, injuries, and any property damage.
- Get names and contact information from witnesses.
- Request security footage if the accident was captured on camera.
Watch What You Say
- Don’t apologize or say anything that suggests fault.
- Stick to the facts when speaking with police, medical providers, or insurance adjusters.
- Never agree to a recorded statement for the other party’s insurance without speaking to an attorney.
Get an Official Report
- In car accidents, call the police and get a copy of the report.
- In slip-and-fall or workplace injury cases, report what happened immediately to the property owner or employer.
Seek Medical Attention Right Away
- Delayed treatment can be used to argue that injuries weren’t serious.
- Medical records create a clear link between the accident and your injuries.
Speak With an Attorney Before Dealing With Insurance
- Insurance companies look for ways to increase your fault percentage.
- A lawyer can challenge unfair fault assessments and negotiate a stronger case.
How an Attorney Helps in a Comparative Negligence Case
Fault percentage controls how much someone can recover—or whether they recover anything at all. An attorney builds a case that pushes back against unfair blame and protects the right to compensation.
Disputing Fault Assignments
Insurance companies and at-fault parties try to shift blame to reduce payouts. Attorneys gather evidence, consult experts, and argue against fault assessments that don’t reflect what actually happened.
Dealing with Insurance Companies
Adjusters look for ways to increase a claimant’s fault percentage. A lawyer challenges these tactics, negotiates fair settlements, and ensures fault is based on facts, not strategy.
Proving Losses
Attorneys calculate medical costs, lost income, and long-term effects so insurers don’t undervalue a claim.
Taking the Case to Court
If a settlement isn’t fair, an attorney presents the case in court. Judges and juries weigh the evidence—not just what an insurance company claims—giving a chance to challenge unfair fault percentages.
If negotiations don’t result in a fair settlement, an attorney presents the case in court. Judges and juries evaluate the facts instead of relying on an insurance company’s version of events, making it possible to challenge an unfair fault assessment.
Comparative negligence cases come down to evidence, strategy, and fault percentage. The right legal assistance helps secure the maximum compensation available.
Final Thoughts
Florida’s shift to a modified comparative negligence system changed how fault impacts injury claims. Every percentage point of fault now carries more weight. A well-prepared case, supported by strong evidence, can prevent an unfair fault assignment from reducing or eliminating compensation. If you have questions about how Florida’s modified comparative negligence law applies to your case, the Florida personal injury attorneys at Lesser, Landy, Smith & Siegel, PLLC can help. Call (561) 655-2028 or email us today for a free case evaluation to discuss your options.
