Understanding Florida's Comparative Negligence Rule
How fault is shared in Florida and what the 2023 changes mean for the compensation you can recover.
Mark H. Wright
· 6 min read
What comparative negligence means
Comparative negligence is the rule courts use to divide responsibility when more than one person contributed to an accident. Your recovery is reduced by your percentage of fault.
If you are found 20% at fault for a $100,000 injury, you recover $80,000.
Florida's modified 51% bar
As of 2023, Florida follows a modified comparative negligence standard. If you are found more than 50% at fault, you are barred from recovering damages entirely.
This change makes the fault analysis more important than ever, a few percentage points can be the difference between full recovery and nothing.
About the author
Mark H. Wright
Mark H. Wright is a trial attorney whose practice focuses on serious injury and wrongful death: premises liability, products liability, negligent security, insurance disputes, and automobile, truck, and motorcycle collisions.
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