How Can Comparative Negligence Affect Your Florida Personal Injury Case?

Whether you get into a car accident, slip and fall on someone’s property, or experience medical malpractice, rarely is one party entirely at fault. For example, if someone sideswipes your car, but you veered slightly into their lane of traffic, you may share a portion of responsibility for the accident. Since March 2023, Florida has used a modified comparative negligence system, meaning you can still recover compensation if you were partially at fault, but only if your own share of fault was 50 percent or less.

Our knowledgeable lawyers at the Law Offices of Scott Sobol understand that Florida laws and the personal injury claim process can be complicated, so we are here to guide you every step of the way. With years of experience working on all types of personal injury claims, you can rely on us to handle every aspect of your claim while you focus on recovery. Our attentive team also communicates clearly and concisely to help you understand how comparative negligence can impact your claim.

What Is Comparative Negligence and How Could It Impact Your Florida Personal Injury Claim?

Florida used to follow a pure comparative negligence system, which allowed an injured person to recover some compensation no matter how much fault they carried, even if they were mostly responsible for their own harm. That changed when House Bill 837 was signed into law on March 24, 2023, amending Florida Statute 768.81 and replacing pure comparative negligence with a modified comparative negligence standard for most negligence claims filed on or after that date.

Under the modified standard, each party is still assigned a percentage of fault, and that percentage is deducted from any damages award. The key difference is the 50 percent threshold: if you are found to be more than 50 percent at fault for your own injuries, current Florida law bars you from recovering any damages at all. This law could impact your claim in the following ways:

Fault

While you may assume you cannot receive compensation if you were partially at fault for an accident, Florida’s comparative negligence system still allows you to collect damages as long as your share of fault does not exceed 50 percent. The system assigns you and other parties a fault percentage instead of choosing one person to take all the blame, but crossing that halfway mark eliminates your claim entirely, regardless of how serious your injuries are.

We understand the tactics insurance companies often use to make you look more at fault for an accident, and under the current law those tactics carry higher stakes than ever. A fault argument that once only reduced your payout can now eliminate it completely if an adjuster succeeds in pushing your share above 50 percent. Therefore, we fight tirelessly to build a strong claim and advocate for an accurate fault percentage, so you can receive the compensation you deserve.

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Damages

Comparative negligence can also affect your compensation because your fault percentage gets deducted from your final settlement, as long as that percentage is 50 percent or less. For example, if your claim is worth $100,000 and you are found 30 percent at fault for the accident, you will receive $70,000. If instead you were found 51 percent at fault, current Florida law would bar you from recovering anything at all, no matter how severe your damages. Just like insurance companies may try to assign you an unfair fault percentage, they may also attempt to pay you less than what you deserve.

Our dedicated lawyers can help you gather and organize evidence like medical records, video surveillance footage, witness testimony, and police reports to accurately calculate your claim’s worth and prove the damages you suffered due to someone else’s negligence. Depending on the details of your accident, you may recover the following costs after comparative negligence is applied:

• Current and future medical bills
• Pain and suffering
• Property damage
• Rehabilitation and physical therapy
• Lost wages from missed work
• Mental anguish
• Reduced quality of life
• Loss of earning capacity
• Prescribed medications

Every personal injury claim is unique, so comparative negligence impacts each one differently. We can help you determine how the law will affect your case and the steps to take to achieve a successful outcome.

How Insurance Companies Use the 50 Percent Bar Against You

Because crossing the 50 percent threshold now eliminates a claim entirely instead of merely reducing it, insurance adjusters have a strong financial incentive to argue that you were more responsible for an accident than you actually were. This can start with the very first phone call after a crash, when an adjuster asks questions designed to get you to say something that sounds like an admission of fault.

Common tactics include suggesting you were speeding, distracted, or slow to react, or pointing to minor details like a delayed brake light. Declining to give a recorded statement before speaking with an attorney, and letting an experienced lawyer manage communication with the insurance company, helps keep an inflated fault percentage from being used against you.

Florida’s Two-Year Deadline for Personal Injury Claims

House Bill 837 also shortened Florida’s statute of limitations for most negligence claims from four years to two years, for causes of action accruing on or after March 24, 2023. Missing this filing deadline generally eliminates your right to pursue compensation, regardless of your fault percentage or the strength of your case, so it is important to speak with an attorney as soon as possible after an accident.

Consult a Trusted Florida Personal Injury Lawyer at the Law Offices of Scott Sobol

If you have suffered injuries due to another person’s negligence, you may be entitled to financial compensation for your losses. However, the amount you receive, and whether you can recover at all, depends on your percentage of fault under Florida’s modified comparative negligence system. Our skilled lawyers at the Law Offices of Scott Sobol understand how these laws can affect your claim and what we have to do to achieve a fair settlement.

We have proudly provided legal services to Florida personal injury victims for over 20 years. This experience has given us vast knowledge of Florida law, including how the 2023 changes to comparative negligence and the statute of limitations affect injury claims today. We consider these laws and your unique needs when curating your customized legal plan. Regardless of the size and scope of your case, we have the skills and knowledge to take on all types of personal injury claims. To schedule a free consultation, fill out our contact form or call (954) 440-2000.

Frequently Asked Questions About Comparative Negligence in Florida

LEGALLY REVIEWED BY:
Scott Sobol
September 24, 2026

Scott Sobol is a dedicated personal injury attorney with over two decades of experience representing injured clients across South Florida. He has handled more than 1,000 cases involving serious car accidents, unsafe premises, and denied insurance claims. Known for his client-focused approach, Scott prioritizes open communication to guide clients confidently through complex legal challenges. Licensed in Florida, Illinois, and Texas, his extensive knowledge of the law ensures a strong pursuit of justice for those affected by negligence.

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