How Has Comparative Negligence in Florida Changed?

Florida’s legal landscape is not stagnant, laws can change. For example, when it comes to personal injury, there were significant changes in 2023. These adjustments have significant implications for personal injury cases, altering how fault is determined and if compensation is possible for injured parties after an accident in Clearwater, Hudson, or Tampa.

The Shift from Pure to Modified Comparative Negligence

Before 2023, Florida operated under a pure comparative negligence system. Under this framework, an injured party could recover damages regardless of their percentage of fault. So, even if you were 75% responsible for an accident, you could still recover 25% of the damages from the other party.

Things shifted in 2023. At that point, Florida adopted a modified comparative negligence system. This new system allows an injured party to recover damages, but only if they are 50% or less at fault for the accident. If your fault exceeds 50%, you are not able to access compensation. This change is substantial, it places greater emphasis on the distribution of fault and significantly impacts the possibility of recovery in personal injury cases.

In the Sunshine State, fault is determined based on the evidence presented by both parties involved in an injurious event. The actions of each party leading up to the incident are assessed by insurance adjusters, courts, or juries, depending on where the case is being resolved. Then, each party is assigned a percentage of fault.

For instance, if you were in a car accident and the other driver ran a red light and you were driving over the speed limit, the court might find the other driver 70% at fault and you 30% at fault. Under the modified comparative negligence system, you could recover 70% of your damages. But if it was determined after analyzing the evidence that you were 55% at fault, you would not be eligible for any compensation under the new law.

Work with an Up-to-Date Attorney

Because of the changes to Florida’s comparative negligence laws, it may be more challenging to recover damages if you are partially at fault in an accident. Working with a knowledgeable Florida personal injury lawyer is crucial to ensure that you receive the maximum compensation you deserve, whether or not you share some responsibility for the incident.

Legal professionals who are working on injury insurance claims and lawsuits every day are familiar with the ins and outs of state law. They are familiar with legal changes and adjust their strategies for connecting clients with maximum compensation packages in real time. To protect your finances today and into the future, be sure to connect with an attorney who has years of experience providing legal support to injured parties.

Were you injured in a Florida accident? If so, it is normal to have questions about state injury laws. You don’t have to move through the recovery process alone. Instead, lean on the experienced legal team at Roman & Roman. To connect with over 100 years of combined experience, book a confidential consultation today.

Although the law firm of Roman & Roman has offices in Clearwater, Hudson and Tampa, we handle cases and claims throughout  Florida. We also meet personally with our clients if at all possible, rather than impersonally over the phone or on the Internet.