What Is Florida’s Comparative Negligence Law?
When you are hurt in an accident in Florida, the fault may be shared between you and the other party. Florida uses a modified comparative negligence law to decide how much each person is at fault for an accident. This law helps determine how much money you can recover for your injuries.
Understanding Comparative Negligence
Comparative negligence means that fault is divided among the people involved in an accident. In some states, this is known as pure comparative negligence, where even if you are mostly at fault, you can still recover some money.
However, in Florida, the law is different. Florida uses a modified comparative negligence rule with a 51% bar to recovery. This means that you can recover damages only if you are 50% or less at fault. If you are found to be 51% or more responsible for the accident, you cannot get any compensation.
This rule is designed to make sure that only those who are not mainly at fault receive compensation. It also encourages everyone to act responsibly on the road and in other situations.
Note that this law only applies to claims against the other party, not against your personal injury protection (PIP) insurance coverage. Florida is a “no-fault” state for auto accidents, so you can file a claim against your PIP policy regardless of who caused the crash.
How Fault Affects Your Recovery
In a Florida personal injury case, the amount of money you receive is reduced by the percentage of fault assigned to you. For example, if a jury finds that you are 20% at fault for an accident, your total recovery will be reduced by 20%. This means that if your claim is for $100,000, you would only receive $80,000.
Here are some key points about how fault affects your recovery:
- If you are 50% or less at fault: You can still recover damages. The amount you get will be reduced by your percentage of fault.
- If you are 51% or more at fault: You cannot recover any compensation for your injuries.
These rules help ensure that the person who is mostly to blame does not benefit from the accident.
Examples of How Comparative Negligence Works
To help explain, let’s look at a couple of examples:
- Example 1: Suppose you are injured in a car accident in Florida. The jury finds that you are 30% at fault, and the other driver is 70% at fault. Under Florida’s modified comparative negligence law, you can recover damages. However, your award will be reduced by 30%. So, if your total claim against the other driver is for $50,000, you would receive $35,000.
- Example 2: Imagine you are injured in a slip and fall accident at a store. If you are found to be 55% at fault, you will be barred from recovering any money because you are more than 50% at fault.
These examples show how the allocation of fault directly impacts the compensation you can receive.
Contact the Jacksonville Personal Injury Law Firm of Baggett Law Personal Injury Lawyers Today For Help
Florida’s modified comparative negligence law plays an important role in personal injury cases. It ensures that compensation is only awarded when you are not mostly at fault for the accident. Understanding how fault is shared—and how it affects your recovery—can help you make better decisions if you are injured.
If you are facing a personal injury case in Florida, it is important to know your rights under this law. Being aware of the 51% bar and how damages are reduced by your percentage of fault can make a big difference in your case. Make sure you gather all the evidence to show your side of the story and work with a knowledgeable personal injury lawyer who can help.
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167
