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.

Why insurers inflate your share of fault

Because every percentage point assigned to you lowers what the insurer pays, adjusters routinely argue you were more responsible than you were. Strong, early evidence is the best defense.

MH

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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