Florida’s comparative negligence law creates opportunities for serious accident injury victims to recover compensation even if they are partly responsible for the accident. However, having a thorough understanding of the law can impact your liability and rights to compensation. Car accident lawyers can help you understand Florida negligence laws when you sit down with them for a free initial consultation.
Modified Comparative Negligence Law in Florida
Florida negligence laws determine who is legally allowed to seek compensation after an accident and how much they can recover in damages. Generally, victims found to be more than 50 percent at fault for their injuries are not allowed to recover in accident injury settlements in Florida.
In accidents where more than one party is responsible for an incident, comparative negligence laws help pinpoint who’s liable for paying for injuries and damages compensation and how much compensation they’re entitled to. In recent years, Florida has transformed from a “pure comparative negligence” system to a “modified comparative negligence” system.
Florida’s New Tort Reform and Comparative Negligence Laws
On March 24, 2023, Florida Governor Ron DeSantis signed HB 837. This wide-ranging tort reform bill changed the comparative negligence system to handle shared fault issues in personal injury claims. Under the new modified comparative negligence law in Florida, individuals can not recover compensation if they are more than 50% responsible for causing their injuries. However, this does not apply to claims based on medical negligence.
That means individuals deemed 50% or less responsible for causing their injuries can recover compensation for their losses. However, this does not automatically mean they will recover full compensation. Typically, the total compensation an injury victim can receive will be reduced by the percentage of fault they have.
Florida’s comparative negligence laws can become complex when it’s difficult to determine who’s at fault. If you share some blame for your accident, it doesn’t mean that you don’t deserve compensation. Experienced personal injury attorneys encourage accident victims with comparative negligence claims to speak with Englander Peebles at a free consultation to discuss their options for compensation.
Insurance Companies and Modified Comparative Negligence Laws
Under pure comparative negligence, Florida insurers were responsible for paying out injury claims, regardless of who was found to be wholly or partly responsible. However, with modified comparative negligence law, your insurer pays nothing if you’re deemed more than half responsible by a jury.
According to modified negligence rules in Florida, if the police report states you’re mostly to blame for an accident, your insurance company will flat-out deny your claim. They may even do this if you’re found less than 50% responsible. No matter what the police report says, it’s essential to speak with diligent modified negligence car accident lawyers before you decide to pursue damages.
Car Accident Lawyers can conduct a thorough accident investigation to decipher who’s really at fault in your claim. Modified negligence attorneys use the following evidence to seek justice in your accident injury claim:
- Accident reconstruction
- Black box data
- Eyewitness testimony
- Mechanical analysis
- Safety recalls
- Toxicology reports
Additional 2023 Tort Reforms in Florida
House Bill 837 presented more of the following fundamental changes to Florida tort law:
- Personal injury statute of limitations reduced from four years to two years
- Changes to the admissible evidence for damages in medical care claims
- Insurance company liability for lousy faith changes
Key Points To Remember About Florida’s New Comparative Negligence Laws
The following key points are essential to consider when pursuing a negligence claim in Florida:
- Filing a lawsuit and recovering damages after a Florida accident will depend on the percentage of fault you share for your injuries.
- Even if you are partially at fault for an accident, you can still receive compensation for your losses as long as you are 50 percent or less at fault.
- All cases filed before March 24, 2023, still fall under pure negligence standards
- If you’re more than 50% at fault, your insurance claim and/or right to pursue compensation can be denied
- Any personal injury claims or wrongful death lawsuits resulting from medical malpractice are unaffected by the change to a modified comparative negligence standard
- Florida medical malpractice claims will still use the pure comparative negligence rule
- Our experienced personal injury attorneys based in Jacksonville and throughout Florida can explain your legal options under the new law.
The complex nature of comparative negligence laws may be confusing at first. These laws can be especially damaging when an insurance company is pressuring you with false information. That’s why adept car accident attorneys know your rights. Skilled and knowledgeable attorneys recommend Englander Peebles because they provide comprehensive legal representation, guidance, and support.