Understanding Florida’s Modified Comparative Negligence Rule
If you’ve been involved in a traffic accident, slip and fall, dog bite incident, or anything else, then you should understand how Florida law will impact your case. In March 2023, Florida lawmakers passed House Bill 837. This bill was a sweeping “tort reform” that reshaped personal injury litigation across our state. One of the most significant changes was Florida’s shift from a pure comparative negligence system to a modified comparative negligence system.
For those who have been involved in an accident, this change can mean the difference between recovering fair compensation and walking away with nothing.
From pure comparative negligence to modified comparative negligence
Under Florida’s old system of pure comparative negligence, an injured party could recover damages even if they were found to be 99% at fault for an accident. Their recovery would simply be diminished by their percentage of the blame. That means that they would only be able to recover 1% of their total damages.
Now, under the modified comparative negligence standard, an injured person can only recover damages if they are 50% or less at fault for the accident. If they are found to be 51% or more at fault, they are barred from recovering anything.
This places a much greater emphasis on proving not just the other party’s fault, but also minimizing claims that the victim contributed to the accident.
How modified comparative negligence works in practice
Imagine a car crash in which one driver runs a red light, but the other driver was speeding. If the injured driver is found to be 40% at fault, they can still recover damages, but their award is reduced by 40%. If they are found to be 60% at fault, they cannot recover anything at all.
The rule applies broadly across all negligence cases.
Insurance companies benefit from this rule
Insurance companies are already using this rule to their advantage. By shifting more blame onto the victim, they can reduce or even eliminate payouts. Common tactics include:
- Claiming the injured party was distracted
- Arguing a slip and fall victim “should have seen the hazard”
- Pointing to minor traffic violations to inflate fault percentages
Without strong legal representation, accident victims can risk losing their right to compensation.
Best strategies for victims
Due to this law, the way personal injury attorneys handle cases in Florida has changed. Key strategies now include:
- Early investigation – Gathering witness statements, traffic camera footage, and accident reconstruction evidence to establish fault early.
- Medical documentation – Proving injuries are directly tied to the accident to avoid disputes later.
- Expert testimony – Using the expertise of certain witnesses to reconstruct the accident.
Talk to a Jacksonville, FL, Personal Injury Lawyer Today
Gillette Law represents the interests of plaintiffs in personal injury lawsuits filed against negligent defendants. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin preparing your case right away.
