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Florida Personal Injury

Florida Comparative Negligence: How Fault Affects Your Injury Claim

Quick Answer

Under Florida's 2023 modified comparative negligence rule (F.S. § 768.81), your damages are reduced by your share of fault — and if you are found more than 50% at fault, you recover nothing.

By Arthur Simpson, Esq. · FL Bar #529265 Florida Estate Planning Attorney June 22, 2026

How Shared Fault Works Now

Few accidents are perfectly one-sided. Florida uses comparative negligence to divide responsibility. In 2023, HB 837 changed Florida from a "pure" system to a modified one (F.S. § 768.81):

Example: if your damages are $100,000 and you are 20% at fault, you recover $80,000. If you are 60% at fault, you recover nothing.

What Changed in 2023

Before HB 837, Florida followed pure comparative negligence — an injured person could recover something even if 90% at fault (reduced accordingly). The new modified rule cuts off recovery above 50%, making the fault percentage far more important to the outcome.

⚠ Why this matters: Because fault now decides whether you recover at all, insurers fight hard to push more blame onto you. How fault is investigated and argued can be the difference between a full recovery and nothing.

How Fault Gets Decided

Fault is rarely obvious. It is built from the police report, photos, witness accounts, traffic laws, vehicle data, and sometimes accident-reconstruction experts. A driver who "rear-ended" someone isn't automatically 100% at fault, and a pedestrian isn't automatically faultless. Careful investigation protects your percentage.

Frequently Asked Questions

Can I recover if I was partly at fault for my accident?
Yes, if you were 50% or less at fault. Your recovery is reduced by your share of fault. If you are more than 50% at fault, Florida's modified comparative negligence rule bars recovery entirely.
How is Florida's rule different after 2023?
Florida switched from pure comparative negligence (recover even at 90% fault, reduced) to modified comparative negligence with a 50% bar. Above 50% fault, you now recover nothing.
Who decides my percentage of fault?
A jury (or the parties in settlement) assigns fault based on the evidence — the crash report, witnesses, physical evidence, and sometimes expert analysis. It is heavily contested because it controls the outcome.
Does this apply to slip-and-fall and other injuries too?
Yes. Modified comparative negligence under F.S. § 768.81 applies broadly to negligence claims, including premises-liability cases like slip-and-falls.

The Truestead Takeaway

After 2023, fault percentage can decide whether you recover anything at all in Florida. That makes a thorough, early investigation essential — and it's exactly what insurers try to get ahead of. If you've been blamed for an accident that wasn't entirely your fault, get it reviewed before accepting that conclusion.

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Every family’s situation is different. Schedule a consultation with Arthur Simpson, Esq. to review your plan and your options under Florida law.

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This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.