One of the most common questions injury victims ask is: “I think I was partly at fault — can I still recover anything?” In Florida, the answer often is yes. Understanding the state’s comparative negligence rule is key to understanding the value of your claim.
What is comparative negligence?
Comparative negligence is a legal principle that assigns a percentage of fault to each party involved in an accident. Your potential recovery is then reduced by your share of the blame.
For example, if your damages total $100,000 but you are found 20% at fault, your recovery would be reduced by 20% — to $80,000.
Florida’s modified rule
In 2023, Florida changed from a “pure” comparative negligence system to a modified comparative negligence system with a 51% bar. Under the current rule:
- If you are 50% or less at fault, you can still recover damages, reduced by your percentage of fault.
- If you are found more than 50% at fault, you are barred from recovering damages.
This makes the question of fault allocation more important than ever — and it is exactly where insurance companies focus their efforts, often trying to shift blame onto you to reduce or eliminate what they owe.
Why this matters for your case
Because fault directly affects how much you can recover, building a clear, well-documented record of what happened is critical. An experienced personal injury attorney investigates the facts, gathers evidence, and pushes back against attempts to unfairly assign you blame.
If you have been injured and are worried that you may share some responsibility, do not assume you have no case. Contact Kutner Personal Injury for a free consultation to discuss your specific situation.
This article is for general information only and is not legal advice. Laws change and every case is different — consult a qualified attorney about your claim.
