Understanding how fault is determined following an accident is crucial because it directly impacts whether you can recover compensation and how much. That’s where the law involving comparative negligence in Florida comes into play.
At James Horne Law, we know that accidents aren’t always black and white. Sometimes, more than one person shares responsibility. This blog breaks down what Florida’s comparative negligence system means, how it affects your claim, and how you can protect your right to compensation.
Confusion About Fault in Florida Accidents
After an accident, many Florida residents are left wondering:
- What if the other driver was speeding, but I was distracted for a second?
- Can I still recover damages if I was partly at fault?
- How do insurance companies and courts decide the percentage of fault?
This confusion often leaves victims feeling powerless. Insurance adjusters may even use your lack of understanding to minimize or deny your claim.
Florida’s Updated Comparative Negligence Rule
As your advocate, James Horne Law is here to make sense of these laws for you. In 2023, Florida changed its negligence laws with House Bill 837, shifting from a “pure” comparative negligence system to a modified comparative negligence system.
Here’s what that means:
- Comparative negligence Florida law states that if you’re partly at fault for your accident, your compensation is reduced by your percentage of fault; and
- As of 2023, if you are more than 50% at fault, you cannot recover damages at all.
For example, if you are awarded $100,000 in damages but found 15% at fault, your award is reduced to $85,000. But if you are 51% at fault, you recover nothing.
This updated law is designed to prevent people primarily responsible for their own injuries from collecting damages.
Florida Comparative Negligence in Everyday Situations
To put this into perspective, here are a few real-world examples of how the law works. These scenarios highlight why it’s critical to have a skilled attorney who can fight to minimize your share of fault.
Car Accidents
If another driver runs a red light, but you were also texting at the time of the crash, a jury might find you 30% responsible. You would still be entitled to 70% of your damages.
Slip and Fall Cases
If a store fails to clean up a spill, but you were running instead of walking, you may be found partially responsible. Your damages would be reduced by the percentage of fault assigned to you.
Medical Malpractice
In complex cases, such as delayed diagnosis or surgical errors, defense attorneys may argue that your failure to follow medical advice contributed to the harm. The comparative negligence law applies here, too.
Why Comparative Negligence Florida Law Matters to You
This law directly impacts your financial recovery, ability to pay medical bills, and your family’s future. Because of this law, you will see that:
- Insurance companies fight hard. Adjusters are trained to shift blame and argue that you were primarily at fault.
- Small percentages add up. Even being found 10–20% at fault can reduce your recovery by thousands of dollars.
- Evidence is everything. Clear documentation, expert testimony, and legal advocacy can help ensure your fault percentage is minimized.
These impacts are why it’s critical to have a lawyer on your side who knows how to push back against unfair fault assignments. The right legal guidance can be the difference between walking away with nothing and recovering the compensation you deserve.
Florida Comparative Negligence and Insurance Tactics
Insurance companies know how to use Florida’s comparative negligence law against accident victims. For instance, they may:
- Claim you were “distracted” or “not paying attention,”
- Use vague or misleading witness statements, or
- Pressure you into accepting a settlement that assigns you more fault than you actually deserve.
These tactics are meant to protect their profits, not your recovery. Having a strong advocate in your corner can help you combat their strategies and help you achieve a fair outcome.
How James Horne Law Helps You
At James Horne Law, you are never just a file number. We take the time to understand your case from every angle by actively investigating accidents, consulting with experts, and gathering strong evidence to protect your right to compensation.
We also support you with:
- Thorough investigation and evidence collection. We collect accident reports, medical records, and witness statements.
- Expert testimony. In medical malpractice or complex injury cases, we utilize medical and industry experts to support your claim.
- Aggressive advocacy. We negotiate with insurance companies and take cases to court when necessary.
- Client-centered communication. You don’t have to chase us for updates. We call you.
Our goal is to minimize any fault assigned to you and maximize the compensation you recover.
Common Questions About Comparative Negligence in Florida
1. Can I Still Sue If the Accident Was Partly My Fault?
Yes, as long as you were 50% or less at fault under the new law.
2. Does Comparative Negligence Apply to All Personal Injury Cases?
Yes. It applies to car accidents, slip and fall claims, medical malpractice, and most other negligence-based claims.
3. What If the Insurance Company Says I Am More than 50% at Fault?
You should not accept their word for it. A skilled attorney can challenge that determination with evidence and expert testimony.
Contact an Experienced Attorney
Accidents can change everything in an instant. Medical bills, lost income, and the stress of recovery add up quickly. With the recent change in law for comparative negligence in Florida, even a slight increase in your assigned fault percentage could mean losing tens of thousands of dollars or even your entire claim.
That’s why you need a legal team that doesn’t shy away from tough cases. At James Horne Law, we fight for you as if you were family.
Call James Horne Law today to schedule a free consultation. We’ll explain how the law applies to your case, fight to protect your rights, and work tirelessly to achieve the best possible outcome for you and your family.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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