If you’ve been injured in an accident—whether it’s a car crash, a slip and fall, or something else—one of the biggest questions is, “Who’s at fault?” In Florida, the answer isn’t always black and white. That’s where something called comparative negligence comes in.
Understanding how comparative negligence works can make a big difference in your personal injury claim. It affects everything from how much compensation you can receive to how fault is shared among everyone involved. Here’s what you need to know.
What Is Comparative Negligence?
Comparative negligence is a legal concept used to determine how responsibility is divided in an accident when more than one party is at fault—including you. Florida follows a system called modified comparative negligence.
As of a 2023 update to Florida law, this means:
- You can only recover damages if you are 50% or less at fault.
- If you’re found to be more than 50% responsible, you may not recover any compensation at all.
Before this change, Florida allowed recovery even if you were 99% at fault, but the new rule tightens that threshold significantly.
How It Works in Real-Life Cases
Let’s say you’re involved in a car accident. Another driver ran a red light and hit you, but it turns out you were speeding. The court determines the other driver is 70% at fault, and you’re 30% at fault.
If your total damages are $100,000, your compensation would be reduced by your share of the blame—30%. So instead of receiving the full amount, you’d get $70,000.
This system aims to reflect shared responsibility. The idea is that if you contribute to your own injuries, your compensation should reflect that.
Why Comparative Negligence Matters
It’s easy to think that if someone else caused your injury, you’re entitled to full compensation. But Florida’s comparative negligence rules require a deeper look. Even a small detail—like not using a crosswalk or failing to wear a seatbelt—can reduce your settlement.
That’s why evidence matters. Witness statements, accident reports, video footage, and expert opinions all help paint a clearer picture of who was responsible and by how much.
What Factors Affect Fault?
In determining comparative negligence, investigators or the court look at:
- Your actions before the injury (Were you distracted? Did you ignore warning signs?)
- The other party’s behavior (Were they reckless or negligent?)
- Environmental factors (Was the area poorly lit? Were safety measures in place?)
- Applicable laws (Such as right-of-way rules or safety regulations)
This isn’t always straightforward, and in many cases, both sides may disagree about what happened.
Insurance Companies Use It Too
Even outside the courtroom, insurance companies apply comparative negligence during settlement negotiations. If they believe you share some fault, they may offer less than what your claim is worth.
That’s why it’s important to be cautious when speaking with adjusters. What you say can be used to shift more blame onto you, even unintentionally.
Protecting Your Claim
Here are a few tips to protect your claim under Florida’s comparative negligence system:
- Document everything – Take photos, collect names of witnesses, and write down what you remember.
- Get medical attention immediately – Gaps in treatment can be used against you.
- Avoid admitting fault – Even casual comments like “I didn’t see them coming” can be taken the wrong way.
- Be cautious with social media – Posts can be misinterpreted and used to argue that you’re less injured than claimed.
Final Thoughts
Comparative negligence can feel a bit overwhelming, especially if you’re dealing with injuries and recovery. But it’s a crucial part of how personal injury claims are evaluated and settled in Florida. Understanding how it works helps you set realistic expectations and avoid mistakes that could reduce your compensation.
The bottom line? Fault matters—but it’s not always absolute. Even if you share some of the blame, you may still be entitled to recover damages, as long as you don’t cross that 50% line.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or st petersburg personal injury lawyer contact us today for a case evaluation today!
