Understanding Comparative Fault in Florida Injury Cases
If you’ve been injured in an accident in Florida, you might assume the other party is fully responsible — but what if the insurance company says you’re partly to blame? That’s where comparative fault comes into play.
At The Bonderud Law Firm, we help clients recover compensation even when they’re accused of being partially at fault. Here’s what you need to know about Florida’s comparative fault rules and how they can affect your personal injury case.
What Is Comparative Fault?
Comparative fault (also called comparative negligence) is a legal principle that reduces your compensation based on your share of the blame for the accident.
For example:
If you’re awarded $100,000 but found 20% at fault, your recovery is reduced by 20%, and you receive $80,000.
Florida’s Modified Comparative Fault Rule (Effective March 2023)
Florida now follows a modified comparative fault system under recent tort reform legislation:
- If you are found to be more than 50% at fault, you cannot recover any damages.
- If you are 50% or less at fault, you can still recover — but your compensation will be reduced accordingly.
This means that proving the other party’s majority fault is now even more critical to the success of your case.
How Comparative Fault Comes Up in Injury Claims
Insurance companies and defense lawyers often argue that you:
- Were speeding or distracted during a car accident
- Ignored warning signs in a slip-and-fall incident
- Failed to follow safety instructions
- Contributed to your own injuries in some way
These arguments are aimed at minimizing what they pay, even when their client was clearly negligent.
Proving the Other Party’s Responsibility
To fight back against comparative fault claims, you need strong evidence, such as:
- Surveillance footage
- Eyewitness testimony
- Accident reconstruction experts
- Maintenance records
- Photos of the scene or injuries
- Medical documentation
Your attorney’s ability to control the narrative and present the facts clearly is crucial.
Comparative Fault in Settlement Negotiations
Even during settlement talks, comparative fault plays a role. If the insurance company believes they can convince a jury you’re mostly to blame, they’ll offer less — or nothing at all. That’s why early, strategic legal representation matters.
Don’t Let Blame Keep You From Being Paid
Even if you were partially at fault for your injuries, you may still be entitled to significant compensation. At The Bonderud Law Firm, we fight to limit your share of fault and maximize your recovery.
Contact us today to schedule a consultation and learn how we can help protect your rights.
