In 2023, Florida revised its negligence legislation by adopting House Bill 837, marking a significant shift from a pure to a modified comparative negligence system. Under this new regulation, only those individuals found to be 50 percent or less at fault for their injuries can claim damages. This rule excludes medical malpractice cases and adjusts compensation based on the claimant’s percentage of fault, limiting recovery for those deemed more responsible.
This change particularly affects insurance practices, as companies are now less obligated to compensate highly at-fault claimants, leading to increased disputes over fault determination and claim denials. This is why it is important to seek the guidance of a personal injury lawyer at Wooten, Kimbrough, Damaso & Dennis. We help you obtain the fair compensation you deserve for accident injuries, even if you were partially at fault under comparative negligence laws.
What Is the Updated Florida Comparative Negligence Law?
Florida implemented a significant change in its negligence law with the enactment of statute 768.81 in 2023. The state changed from pure comparative negligence to a modified comparative negligence rule.
Under this new system, individuals who sustain injuries due to negligence can only claim damages if they are found to be 50 percent or less at fault for their injuries. If a person is more than 50 percent responsible, they are ineligible to receive any compensation under this law. However, medical malpractice cases are excluded from this rule.
This modified rule also impacts the compensation amount a claimant can receive. The damages awarded are reduced proportionately to the claimant’s fault in the accident, with the reduction applicable up to a fault level of 50 percent.
How the Comparative Negligence Law Works in a Car Accident Case
For instance, consider a situation where a motorcyclist was speeding and got hit by a driver who was distracted and ran a red light. Suppose the motorcyclist incurred damages amounting to $100,000 but was deemed 25 percent responsible for the incident.
Under the comparative negligence rule, the motorcyclist’s compensation would be decreased by 25 percent, totaling $75,000, to account for their partial responsibility in the accident. Since the other driver is 75 percent at fault, they are not eligible to recover any compensation for damages under the modified comparative negligence law.
Protecting Your Rights Under the Comparative Negligence Law
The modified comparative negligence law significantly benefits insurance companies. Previously, under the pure comparative negligence system, insurance firms were required to pay claims regardless of the extent of the claimant’s fault. Now, they are not obligated to pay if the claimant is found to be more than 50 percent responsible for an accident.
Insurance companies often use police reports to suggest that a claimant is primarily at fault, thus justifying a denial of their claim. It’s important to note that police reports and traffic citations are not admissible in court as proof of fault, despite insurers suggesting otherwise.
Furthermore, some insurers conduct their own investigations into accidents to try to attribute a higher level of fault to the claimant and thereby reduce or eliminate their financial liability. We challenge this practice by conducting thorough, independent investigations into accidents.
Our investigations include gathering crucial evidence such as black box data, toxicology reports, safety recall searches, accident reconstructions, eyewitness accounts, and mechanical analyses.
We are dedicated to reducing your attributed fault and safeguarding your entitlement to compensation. For a comprehensive review of your case at no charge, please contact us today.
Why Choose Wooten, Kimbrough, Damaso & Dennis to Handle Your Comparative Negligence Case
Navigating the complexities of Florida’s modified comparative negligence law requires a team that understands the intricacies of the legal system and how to protect your rights. At Wooten, Kimbrough, Damaso & Dennis, we have extensive experience handling cases under the new rules and fighting for fair compensation, even when insurance companies attempt to shift blame. Our commitment to thorough, independent investigations and our focus on reducing your attributed fault ensures that you get the compensation you deserve.
Whether it’s gathering crucial evidence or challenging unfair insurance tactics, our team will advocate tirelessly on your behalf. With our proven track record, you can trust that we will work diligently to secure the best possible outcome for your case. Contact us today at (407) 843-7060 or visit our contact form to schedule your free case evaluation.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.
