How Florida’s Comparative Negligence Law Affects Your Injury Claim

Getting to the bottom of how an injury happened is not always easy. While there are cases where one party is clearly at fault, there are also others where multiple people share some responsibility. In fact, you could be partially to blame even if you were ultimately the one who was hurt.

Florida’s comparative negligence laws provide some injury victims with a path to compensation, even when they are partially to blame. Some limitations apply, especially when a person is primarily at fault. Our personal injury lawyers can help you understand the strengths and weaknesses of your case.

What is Comparative Negligence

Comparative negligence is a legal principle determining how fault is shared in an accident and how it affects a plaintiff’s ability to recover damages. In Florida, the law changed in 2023 from a pure comparative negligence system to a modified comparative negligence rule. Under the new law, an injured party can only recover compensation if they are 50% or less at fault for the accident. This is a significant change from the prior system, allowing a plaintiff to recover some of their damages even if they were primarily at fault.

If a plaintiff is found more than 50% responsible, they cannot recover any damages. If they are partially at fault but under the 50% threshold, their monetary award is reduced by their share of fault. This law significantly impacts personal injury claims and how damages are awarded.

Examples of Comparative Fault

Comparative negligence can play a role in most types of personal injury cases. Most injuries have the potential for the injured party to play a role. Some examples include the following:

• Car Accidents. Motor vehicle collisions likely see the most claims of shared fault out of any personal injury case. It is not uncommon for an accident to occur when both drivers make some kind of mistake. For example, a motorist traveling too fast for conditions could strike another car that failed to yield at a flashing yellow light.
• Slip and Fall Cases. Shared fault can happen in slip and fall injury cases if you fail to wear proper footwear or ignore warnings regarding slippery conditions.
• Product Liability. Product liability cases can be complicated, even when there is little doubt that the object in question was defective. This is because you could be held partially or fully liable if you did not use the product as intended.

Learn More About Comparative Negligence During a Free Consultation

At DiFilippo & Pica, PLLC, we are focused on getting you the compensation you deserve. We may be able to help even if you were partially to blame for your own injuries. Contact us right away to learn more during a free consultation.