What is Florida's "Comparative Negligence" Law and How Does It Affect Your Settlement?

After an accident, it’s natural to assume that the person who caused it is responsible for the damages. But what happens if the other party’s insurance company claims you were also partially to blame? What if they argue you were speeding slightly, or that you weren't paying full attention when you slipped on their wet floor?

This is where a legal concept called comparative negligence comes into play. In Florida, this doctrine determines how, or if, you can recover money for your injuries when you are found to be partially at fault. Understanding this rule is crucial because it can directly impact the amount of money you receive in a settlement or verdict.
And recently, the rule in Florida changed dramatically.

The Old Rule vs. The New Law of 2023
For many years, Florida followed a "pure" comparative negligence standard. Under that old rule, you could recover compensation even if you were 99% at fault for an accident. Your settlement would simply be reduced by your percentage of fault.

However, a new law passed in March 2023 changed everything. Florida now follows a "modified" comparative negligence standard with a 51% bar.

This new law states that if you are found to be more than 50% at fault for your own injuries, you are barred from recovering any compensation at all.

How Modified Comparative Negligence Works in Practice
The best way to understand this is with an example. Let’s imagine you slip and fall in a grocery store on a wet floor that had no warning sign. You suffer a serious injury, and your total damages (medical bills, lost wages, pain and suffering) are calculated to be $100,000.

Scenario 1: You are 20% at fault.
The store’s insurance company argues that you were looking at your phone when you fell. A jury agrees and assigns you 20% of the fault, while the store is 80% at fault.

• Under the new law, your total award is reduced by your percentage of fault.
• $100,000 (Total Damages) - 20% ($20,000) = $80,000 (Your Recovery)
• Because your fault was not more than 50%, you can still recover a significant portion of your damages.

Scenario 2: You are 60% at fault.
Now, let's say the evidence showed you were running through the aisle and ignored a visible "wet floor" cone. A jury determines you were 60% at fault.

• Because your percentage of fault (60%) is more than 50%, the 51% bar applies.
• Your recovery is $0.
• Even though the store was also negligent, you are barred from receiving any compensation under the new law.

How Insurance Companies Use This Against You
This isn't just a rule for the courtroom; it's a powerful negotiating tactic for insurance companies from day one. An insurance adjuster's primary goal is to pay as little as possible. They will investigate the accident looking for any reason to shift blame onto you, such as:

• Suggesting you were speeding slightly in a car accident.
• Claiming you should have seen the hazard in a slip and fall.
• Arguing you had a pre-existing injury.

By assigning even a small percentage of fault to you, they can reduce their payout. If they can convince a jury that you were more than 50% at fault, they can avoid paying anything at all.

Why an Experienced Attorney is Essential
Fighting back against unfair accusations of fault requires a strong, evidence-based case. An experienced personal injury attorney is your best defense against these insurance company tactics. Our job at Iacobelli Law Firm is to:

• Thoroughly investigate the accident.
• Preserve crucial evidence, like security footage and witness statements.
• Hire experts, such as accident reconstructionists, if needed.
• Build a compelling case that clearly demonstrates the other party's liability and minimizes any unfair allocation of fault against you.

​Don't let an insurance company dictate your future. If you've been injured in Florida, it's critical to understand how comparative negligence could affect your claim. Contact us today for a free, no-obligation consultation to discuss your case and protect your right to fair compensation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Florida and Texas. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. ​