Florida used to follow a pure comparative negligence system. This meant that even if you were 99% at fault for an accident, you could still receive compensation for 1% of the damages. Courts calculated compensation based on the percentage of fault assigned to each party.
However, on March 24, 2023, the state switched to a modified comparative negligence system. This change means that you can only seek compensation if you are less than 50% at fault. If the court finds you 50% or more at fault, you cannot recover any damages.
What you need to know
Florida’s modified comparative negligence law affects many types of cases, from car accidents to injuries from faulty products. For cases involving motor vehicles, here are some points to keep in mind:
- Even if you played a part in causing the accident, you may still receive compensation. Although there is now a liability threshold for claiming compensation, this does not mean you cannot receive compensation at all. For example, if you were speeding slightly when another driver ran a red light and hit you, the court may find you 20% at fault. In this case, you could still recover 80% of your damages.
- Defendants can involve other parties to reduce their own liability. They might argue that poor road conditions or a malfunctioning traffic light contributed to the accident. This could potentially reduce the amount they have to pay. However, this doesn’t always mean you’ll receive less money overall. It may simply change who pays you and how much each party pays.
- If a faulty car part, such as a defective airbag, worsened your injuries, the court will examine the actions of all involved parties. It will evaluate how you, the other driver and the car manufacturer may have contributed to causing or worsening your injuries.
Take note that every accident is different. Courts look at a variety of factors when determining fault. This includes traffic law violations, driver behavior and road conditions. If you received injuries from a car accident, especially one where fault isn’t clear, professional legal advice may be necessary.
Protect your right to compensation
With the shift to modified comparative negligence, determining fault has become even more crucial. An attorney can help assess your case and make sure that you receive the compensation you deserve.