Florida follows a unique legal framework known as comparative negligence, which plays a significant role in personal injury cases. If you’ve been injured in an accident and believe another party is responsible, understanding how comparative negligence works in Florida is essential. This law determines how fault is shared and how it directly affects your compensation.
Unlike other states that follow contributory negligence, Florida uses modified comparative negligence. In simpler terms, this means that you can still recover damages even if you are partially at fault, but your compensation will be reduced by your percentage of fault.
Understanding this principle is critical for anyone pursuing a personal injury claim in Florida. Whether you’ve been involved in a car accident, slip and fall, or any other injury-causing incident, your payout can be significantly impacted by how much fault is attributed to you.
What is Comparative Negligence and How Does It Work in Florida? 
In personal injury claims, comparative negligence refers to the idea that more than one party may share responsibility for an accident or incident. This law allows a court or insurance company to assign a percentage of fault to each party involved.
Florida operates under a modified comparative negligence rule. This means that if you are partially at fault for the accident, you can still recover damages, but your payout will be reduced by your share of the blame. However, if you are found to be more than 50 percent at fault, you will be barred from recovering any compensation.
For example, if you are involved in a car accident and it is determined that you were speeding (a contributing factor), but the other driver ran a red light, the fault may be split between both parties. If the other driver is found to be 80 percent at fault and you are 20 percent at fault, you will still be able to recover damages, but your payout will be reduced by 20 percent.
Founding Attorney Attorney Attorney
Michael Serrano
Candace “Cea” Hartley
Molli Gard, ESQ.
How Does Fault Allocation Affect Your Settlement?
The amount of compensation you are entitled to in a personal injury case is directly related to how the fault is distributed. Once the percentage of fault is determined, the settlement or verdict amount will be adjusted accordingly.
Consider an example in which you suffer a serious injury in a slip and fall accident at a store. If the store owner is found to be 70 percent at fault for not properly maintaining the premises, and you are 30 percent responsible for not noticing a wet floor sign, the compensation you are awarded will be reduced by your percentage of fault.
If the jury determines your damages amount to $100,000, but you are 30 percent at fault, your payout will be reduced by 30 percent, leaving you with $70,000. This adjusted amount reflects your reduced responsibility for the incident.
How Insurance Companies Use Comparative Negligence
Insurance companies often play a significant role in personal injury cases. In Florida, they utilize the principle of comparative negligence to reduce the payout to accident victims. Adjusters from the other party’s insurance company may try to argue that you bear some responsibility for the accident, reducing the amount of compensation they will offer.
In some cases, the insurer might try to shift a larger portion of the blame onto you, even if the other party is primarily responsible. This is why it’s essential to have a strong legal team to advocate on your behalf. Attorneys can fight back against unfair claims of negligence and ensure that the fault is properly allocated.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
What Happens if You Are Found to Be 50 Percent or More at Fault?
The most important aspect of Florida’s comparative negligence law is that it restricts individuals from recovering damages if they are found to be more than 50 percent at fault for an accident. This means that if you are determined to be more than half responsible for the incident, you will not be entitled to compensation.
For example, imagine you are involved in a car accident where you are found to be 51 percent at fault due to speeding, while the other driver is only 49 percent at fault for running a red light. According to Florida law, since you are more than half responsible for the accident, you will not be able to recover any compensation, regardless of the other driver’s negligence.
This “50 percent rule” ensures that individuals who bear significant responsibility for their injuries cannot collect damages. The logic behind this rule is that people who contribute to their own accidents should not be fully compensated.
How is Fault Determined in Personal Injury Cases?
In personal injury claims, the determination of fault is crucial. To ensure that fault is accurately distributed, it’s necessary to gather and present evidence that can show who was responsible for the incident. There are several ways to establish fault, including:
- Police reports: If law enforcement responds to the scene of the accident, the police report can be a key piece of evidence. The report will often contain statements from both parties, witness testimonies, and the officer’s assessment of who was at fault.
- Eyewitness testimonies: Independent witnesses who were at the scene of the accident can provide crucial testimony. Their accounts can help demonstrate who was responsible and clarify the events leading up to the accident.
- Expert testimonies: In some cases, experts such as accident reconstructionists or medical professionals can provide valuable insights into how the accident occurred and who was primarily responsible.
- Photographic and video evidence: Photos of the accident scene, the vehicles involved, or your injuries can help establish liability. Surveillance cameras or dashcams may provide additional insight into how the accident occurred.
The Importance of Hiring an Attorney for Your Personal Injury Case
When you are involved in a personal injury case where comparative negligence is a factor, hiring an experienced attorney can make a significant difference. A skilled lawyer will be able to:
- Help gather and present evidence that supports your claim
- Negotiate with insurance companies to ensure you receive fair compensation
- Advocate for you in court if the case goes to trial
- Ensure that the fault is properly allocated based on the facts
Without the help of an attorney, you may risk having a larger portion of the blame assigned to you, reducing your payout or causing you to lose compensation altogether.
Choosing The Right Personal Injury Attorney Personal Injury Settlement TimelineRelated Videos
Understanding how comparative negligence works in Florida is essential if you’ve been injured in an accident. If you are partially responsible for the incident, your compensation will be reduced by your share of the fault. However, as long as you are not more than 50 percent at fault, you can still recover damages.
Navigating the complexities of fault allocation and ensuring you receive fair compensation can be challenging, but with the right legal guidance, you can protect your rights. At Serrano Law, we are committed to advocating for accident victims and ensuring that they are fairly compensated for their injuries. If you have been injured and are unsure about your case, contact us today for a free consultation.