Understanding Comparative Negligence in Florida

If you were in an accident, it is critical to understand Florida’s comparative negligence law. This system in Florida determines how fault is determined in personal injury cases, directly affecting the compensation you may get.

What Is Comparative Negligence?

Many people ask our personal injury and wrongful death lawyers: Can you explain comparative negligence in legal terms? Comparative negligence is a rule that assigns fault among those involved in an accident. When more than one party is to blame for the accident, each party’s portion of fault needs to be determined. This then changes how much money they can get as compensation. According to this rule, you can still receive compensation even if you share some blame. However, the sum will be lessened depending on how much of your fault is.

What Is the Florida Comparative Negligence Law?

Since 2023, the law of comparative negligence in Florida has adopted a “modified comparative negligence” method.

How Did the Comparative Negligence Laws Change in Florida?

The laws about comparative negligence have changed how blame is evaluated and compensation is divided in Florida. Before 2023, Florida followed a rule called “pure comparative negligence,” which allowed you to get damages even if the accident was as high as 99% your fault. Now, however, with the new adjusted rule of comparative negligence, if it’s determined that your fault exceeds 50%, you’re not allowed to recover any damages. The Florida comparative negligence law change was initiated to establish a more equitable system and stop those primarily liable for an incident from pursuing substantial compensation.

If these changes have implications for you or your loved one, or if help is needed with a personal injury claim, contact us today. The SS & W Law team can assist you in comprehending your rights and battle for the compensation that you are entitled to.