How Comparative Negligence Works in Florida Personal Injury Cases

Introduction

If you are injured in an accident in Florida, determining who was at fault plays a major role in how much compensation you can recover. Florida follows a comparative negligence system, which means that even if you were partially responsible for the accident, you may still be eligible for compensation. However, your final payout will be reduced based on your percentage of fault.

This guide explains how Florida’s modified comparative negligence rule works, how it affects personal injury claims, and what injured victims can do to maximize their compensation.

What Is Comparative Negligence?

Comparative negligence is a legal rule that assigns fault between multiple parties in a personal injury case. Under this rule:

• Each party involved in an accident is assigned a percentage of fault based on their actions.
• The total compensation an injured person can receive is reduced by their percentage of fault.
• If the injured party is more than 50% at fault, they cannot recover any compensation under Florida’s modified comparative negligence rule.

For example, if a person is awarded $100,000 in damages but is found 30% at fault, their final compensation would be reduced by 30%, leaving them with $70,000.

Florida’s Modified Comparative Negligence Rule

Before 2023, Florida followed a pure comparative negligence system, allowing injured parties to recover compensation even if they were 99% at fault for an accident.

However, as of March 24, 2023, Florida now follows a modified comparative negligence system under House Bill 837, which states:

• If an injured party is 50% or less at fault, they can still recover damages, but their compensation is reduced by their percentage of fault.
• If an injured party is found to be more than 50% at fault, they cannot recover any compensation from the other party.

This change significantly affects personal injury claims, making it more important than ever to prove that the other party was primarily responsible for the accident.

How Comparative Negligence Affects Different Types of Cases

Car Accidents

In a car accident claim, both drivers’ actions will be analyzed. Factors such as speeding, distracted driving, or failure to yield can assign fault to multiple parties.

Example:

• A driver runs a red light and crashes into another car. However, the other driver was texting at the time of the accident.
• The court finds the texting driver 20% at fault and the red-light runner 80% at fault.
• If the texting driver’s damages total $50,000, their compensation is reduced by 20%, leaving them with $40,000.

Slip and Fall Cases

Property owners have a legal duty to maintain safe premises, but comparative negligence applies if the injured person contributed to their fall.

Example:

• A customer slips on a wet floor in a grocery store.
• The store failed to place warning signs, but the customer was looking at their phone and not paying attention.
• The court finds the injured customer 40% at fault and the store 60% at fault.
• If the total damages are $20,000, the customer’s payout is reduced by 40%, leaving them with $12,000.

Medical Malpractice

If a patient contributes to their own injury by ignoring medical advice or failing to follow treatment plans, their compensation may be reduced under comparative negligence.

Example:

• A doctor misdiagnoses a patient’s condition, leading to complications.
• However, the patient failed to take prescribed medication that could have mitigated the harm.
• The court assigns the doctor 70% fault and the patient 30% fault.
• If the patient’s damages total $200,000, their compensation is reduced by 30%, leaving them with $140,000.

How Insurance Companies Use Comparative Negligence Against Victims

Insurance companies often try to shift as much blame as possible onto the injured party to reduce their payout. They may:

• Claim the injured person was distracted or not paying attention.
• Argue that the victim’s own actions contributed to the accident.
• Use social media posts to suggest that the victim’s injuries are not as serious as claimed.

This is why it is critical to work with a personal injury attorney who can challenge unfair fault assessments and fight for full compensation.

How to Minimize Your Fault in a Personal Injury Claim

To maximize your compensation, take the following steps:

1. Gather Strong Evidence
   • Take photos and videos of the accident scene.
   • Obtain witness statements supporting your claim.
   • Keep medical records and accident reports as proof of injuries.
2. Avoid Admitting Fault
   • Never apologize or say “I wasn’t paying attention” after an accident.
   • Stick to the facts when speaking with police or insurance adjusters.
3. Follow Medical Advice
   • Attend all doctor’s appointments and follow prescribed treatments.
   • Failing to follow medical advice may be used against you in court.
4. Consult a Personal Injury Attorney
   • An attorney can challenge unfair fault assessments made by insurance companies.
   • They can negotiate for a higher settlement based on strong evidence.

How a Personal Injury Attorney Can Help

If you are partially blamed for an accident, a personal injury attorney can:

• Investigate the accident and gather evidence proving the other party’s negligence.
• Negotiate with insurance companies to reduce your percentage of fault.
• Argue your case in court if a fair settlement is not offered.

At Bonderud Law, we have extensive experience handling comparative negligence cases and fighting for maximum compensation. If you have been injured in an accident, contact us today for a free consultation.

Conclusion

Florida’s modified comparative negligence rule can significantly impact the amount of compensation you receive in a personal injury case. If you are partially at fault, your settlement may be reduced, and if you are found to be more than 50% at fault, you may not be able to recover damages at all.

Because insurance companies often try to increase your percentage of fault, working with an experienced personal injury attorney can help protect your rights and maximize your compensation.

If you have been injured in an accident, taking immediate legal action can help ensure you receive the full compensation you deserve.