If you were recently involved in a car accident in Florida, a new legal change could significantly affect your ability to recover compensation. As of 2023, Florida adopted a modified comparative negligence standard. This change can determine whether you receive financial compensation or nothing at all, based on how much you are found to be at fault for the accident.
This blog explains how modified comparative negligence in Florida works, how it differs from the old system, and how a Fort Myers personal injury lawyer can help you navigate a claim under the new law.
What Is Modified Comparative Negligence?
Under comparative negligence laws, more than one party can be at fault for an accident, and damages are awarded based on each party’s percentage of fault. As of March 24, 2023, Florida now follows a modified comparative negligence system.
If you are found to be more than 50% responsible for an accident, you are no longer eligible to recover any compensation. However, you can still recover damages if you are 50% or less at fault. Your award will be reduced based on your percentage of fault.
For example, if you are awarded $100,000 in damages but are found 20% at fault, you would receive $80,000. But if you are found 51% or more at fault, you would receive nothing.
How This Law Affects Car Accident and Injury Claims
The shift to modified comparative negligence in Florida gives insurance companies more power to argue that injury victims were mostly at fault. They may use this rule to deny your claim entirely if they believe you were at least 51% responsible.
This legal change also raises the stakes in all personal injury and car accident cases. Whether it is a rear-end crash, T-bone collision, or pedestrian incident, your share of responsibility now plays a larger role in whether you recover compensation at all.
That is why it is essential to work with a Fort Myers car accident lawyer who can investigate the accident thoroughly and build a strong case that accurately reflects fault.
Examples of Modified Comparative Negligence in Florida
Example 1
Driver A is speeding, but Driver B runs a red light and causes a collision. Driver A is found 40% at fault and receives 60% of a $50,000 award—$30,000.
Example 2
A pedestrian crosses a road outside a crosswalk while a driver is texting. The pedestrian is found 60% at fault. Under Florida’s new law, they cannot recover any compensation.
Example 3
Two drivers merge into the same lane and collide. Both are found equally at fault (50%). Each can recover 50% of their damages.
Why Legal Representation Matters More Than Ever
Under this updated system, accurately determining fault is more critical than ever. If the other party’s insurance company claims you were more than 50% responsible, you could lose your right to compensation altogether.
A Fort Myers personal injury lawyer can:
- Collect and present evidence to prove the other party’s fault
- Hire accident reconstruction experts to analyze how the crash occurred
- Push back against insurance adjusters trying to shift blame onto you
- Negotiate settlements that reflect the full value of your injuries and damages
With the right legal representation, you can protect your right to recover and ensure that your percentage of fault is not unfairly inflated.
Unsure How Florida’s New Negligence Law Affects You? We’re Here to Help
The transition to modified comparative negligence in Florida seriously affects your personal injury claim. At the Law Offices of Wolf & Pravato, we understand how to work within this new framework to protect our clients’ rights. Our results speak for themselves, including a $3.85 million settlement for an injured client.
Call (844) 643-7200 today to schedule your free consultation. You pay nothing unless we win your case.
FAQs
- Is Florida a modified comparative negligence state now?
Yes. Florida adopted a modified comparative negligence rule in March 2023. - Can I still recover damages if I was partially responsible for the accident?
Yes, as long as you are 50% or less at fault. Your percentage of fault will reduce your compensation. - What if the insurance company says I am 60% at fault?
You should speak to a lawyer immediately to challenge that assessment. Being over 50% at fault bars recovery. - Does this law apply to all injury cases in Florida?
It applies to most negligence-based personal injury claims, including car accidents, slip and fall injuries, and more. - How can a lawyer help under Florida’s new negligence system?
An experienced lawyer can present evidence that minimizes your fault percentage and helps secure the compensation you deserve.
