Summary:
Florida’s modified comparative negligence rule allows an injured person to seek reduced compensation when assigned 50% or less of the fault. An assignment of 51% or greater blocks recovery under the rule. Evidence and fault allocation can decide whether an injured person receives compensation or leaves with nothing.
You suffered an injury, missed work, and watched medical bills pile up. Then an insurance company claims you share responsibility for what happened. That accusation now poses a greater threat under Florida law: a single percentage point may separate a reduced recovery from no recovery at all.
Florida replaced its pure comparative negligence system with a modified comparative negligence system in March 2023. Under the current rule, an injured person assigned 50% or less of the fault may pursue compensation, reduced by their assigned share. A person assigned 51% or greater receives nothing from the other party. Medical negligence claims follow a separate standard.
How Comparative Negligence Divides Responsibility
Comparative negligence allows responsibility to be divided among the people or businesses involved in an injury. The percentage assigned to each party determines who pays and how much an injured person may recover.
Suppose an injured person has $100,000 in qualifying damages and receives 20% of the blame. A potential award would drop to $80,000. At 50% fault, it would drop to $50,000. At 51%, it would drop to zero. The math is simple. The fight over that math can get ugly.
What Changed in 2023?
Under Florida’s former pure comparative negligence model, an injured person could recover a portion of their damages even when assigned most of the fault. A person found 70% responsible could still pursue the remaining 30%.
Florida’s HB 837 created a hard cutoff. Anyone assigned above 50% of the responsibility loses the right to recover damages under this rule. That shift gives insurers and defendants a powerful financial incentive to place additional blame on the injured person.
Where Fault Disputes Can Arise
Fault disputes can develop after vehicle collisions, property injuries, and construction incidents. An insurer may argue that a driver reacted poorly or was distracted, a customer ignored a hazard, or a worker failed to follow a procedure. Each allegation can push the percentage upward.
Evidence may include photographs, video, witness accounts, medical records, incident reports, vehicle data, and safety documentation. Missing context can leave an insurer’s version unchallenged, and that version may place the injured person dangerously close to the 51% cutoff.
Protect Your Opportunity to Seek Compensation
A personal injury claim now depends on three connected issues: what happened, who contributed, and how the evidence presents each person’s conduct. Feldman Legal Group can evaluate the circumstances, preserve supporting evidence, and advocate against unfair blame tactics.
Contact Feldman Legal Group to discuss your Florida personal injury claim and learn which legal options may apply.
Florida Comparative Negligence FAQs
Can I recover compensation if I share fault?
Yes, provided your assigned share is 50% or less. Any recovery may be reduced according to your percentage of responsibility.
What happens if I receive 51% of the blame?
You cannot recover damages from the other party under Florida’s modified comparative negligence rule.
Does the rule apply to every injury claim?
No. Florida law excludes actions based on medical negligence from this modified comparative negligence cutoff.
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