How Florida’s Modified Comparative Negligence Law Affects Personal Injury Claims
Introduction
Florida recently changed its negligence laws, making it more difficult for some injury victims to recover compensation. Under the new modified comparative negligence system, a person who is found to be more than 50 percent at fault for an accident is no longer eligible to recover damages.
This guide explains Florida’s modified comparative negligence rule, how it applies to personal injury cases, and what accident victims need to know to protect their claims.
What Is Modified Comparative Negligence?
Modified comparative negligence is a legal system that reduces compensation based on a person’s percentage of fault. If an accident victim is partially responsible for their injuries, their compensation will be reduced by their share of fault. However, if they are found to be more than 50 percent at fault, they cannot recover any damages.
For example:
- If a court determines that a victim was 30 percent at fault and their total damages were $100,000, they would receive $70,000 after the reduction.
- If a victim is found to be 51 percent at fault, they would receive no compensation.
Before this change, Florida followed a pure comparative negligence system, which allowed victims to recover damages even if they were 99 percent at fault.
How Does This Law Affect Personal Injury Cases?
The modified comparative negligence rule applies to most personal injury cases, including:
- Car accidents
- Slip and fall injuries
- Medical malpractice
- Product liability claims
- Workplace accidents involving third-party negligence
Because the law now prevents those who are more than 50 percent at fault from recovering damages, insurance companies have a stronger incentive to argue that victims share the majority of responsibility for an accident.
How Insurance Companies Use Comparative Negligence Against Injury Victims
Insurance companies often try to reduce their payout by claiming the victim was partially or mostly at fault. Common tactics include:
- Arguing that the victim was distracted or not paying attention when the accident occurred
- Claiming that the victim’s injuries resulted from a pre-existing condition rather than the accident
- Using social media posts to suggest that the victim’s injuries are not severe
- Blaming the victim for not seeking medical treatment right away
These strategies are designed to increase the victim’s percentage of fault and, in some cases, eliminate their ability to recover damages entirely.
Ways to Protect Your Claim Under Florida’s Modified Comparative Negligence Rule
Because comparative negligence can reduce or eliminate compensation, it is important to take the following steps after an accident:
Seek Medical Attention Immediately
Seeing a doctor right away ensures that injuries are documented and prevents the insurance company from arguing that the injuries are unrelated to the accident.
Gather Strong Evidence
Evidence such as photos, videos, witness statements, and accident reports can help prove how the accident happened and who was at fault.
Avoid Giving Recorded Statements to Insurance Companies
Insurance adjusters may try to get victims to admit partial fault. It is best to consult an attorney before speaking with the insurance company.
Follow All Medical and Legal Advice
Failing to follow a doctor’s treatment plan or missing deadlines can be used against the victim to suggest they contributed to their injuries.
Consult a Personal Injury Attorney
An attorney can gather evidence, counter insurance company tactics, and argue for a fair allocation of fault to protect the victim’s right to compensation.
How a Personal Injury Attorney Can Help
Because Florida’s modified comparative negligence law makes it easier for insurance companies to deny claims, hiring an experienced attorney is more important than ever. A lawyer can:
- Investigate the accident and gather evidence to minimize the victim’s percentage of fault
- Challenge unfair claims by insurance adjusters
- Work with accident reconstruction experts if liability is disputed
- Negotiate for maximum compensation or take the case to trial if necessary
At Bonderud Law, we have experience handling complex personal injury cases and fighting for the rights of accident victims. If you are facing challenges with an injury claim, contact us today for a free consultation.
Conclusion
Florida’s new modified comparative negligence rule limits the ability of injury victims to recover compensation if they are found to be more than 50 percent at fault. This change makes it even more important to gather strong evidence and work with an attorney to protect your claim.
If you have been injured in an accident and the insurance company is trying to reduce your compensation, taking immediate legal action can help ensure that you receive the damages you deserve.
