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Florida’s Comparative Negligence Law in Personal Injury Cases
A major consideration in personal injury lawsuits in Florida is comparative negligence. It defines how much compensation each party is entitled to. Florida’s laws changed in March 2023 with the passage of House Bill 837. Florida now follows a modified comparative fault rule.
Civil claims, car accident cases, and slip-and-fall cases, among others, fall under this new legislation. Knowing how this new statute affects your capacity to get compensation is absolutely vital.
Under Florida’s Amended Comparative Negligence Statute, What Is It?
Florida’s revised comparative negligence standards took the place of the earlier pure comparative fault approach.
This new rule:
- Only if your fault is less than 50% can you claim compensation.
- If you are determined to be 51% or greater at fault, you cannot seek damages.
Comparative negligence: How it influences compensation
Your payment in a Florida personal injury case depends on the proportion of fault you bear.
Example: You only get $75,000 if your accident is 25% your fault and you have damages of $100,000.
The more serious your fault, you will receive less compensation.
Insurance Companies and Comparative Negligence
Insurance companies use comparative negligence to reduce or deny claims. You may be accused of being primarily at fault. They may rely on police investigations or solely on the reports.
However, police reports do not prove fault in court. Tickets or citations provide no proof of guilt. An expert personal injury attorney must be hired.
Link Up Solutions Fights Back for You
Our team at Link UP Solutions knows how to fight unfair insurance tactics. They carry out independent investigations and collect strong evidence such as:
- Black box data
- Eyewitness accounts
- Toxicology reports
- Safety Recalls
- Mechanical Analysis
- Professional accident reconstruction
What is their goal? Maximize your compensation by minimizing your share of blame.
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The 2023 Tort Reform in Florida Personal Injury Law
House Bill 837 includes changes to comparative negligence.
- Florida has reduced the personal injury statute of limitations from four to two years.
- Modified rules of evidence for proving medical damages
- The way insurers can be held responsible for bad faith has been changed
These developments might have a significant influence on your case if you delay filing or are unsure of what to do.
Can You File a Lawsuit if You’re Partially at Fault?
You can get compensation if you are 50% or less at fault. If you are 51% at fault or more, you will lose your right to compensation. Understanding comparative negligence is important in Florida.
Do not leave your case up to chance. Speak to an attorney who is knowledgeable about the law.
Why Choose Link UP Solutions?
Link UP Solutions is on the front lines every day, fighting for Florida’s injured victims. They do not let insurance companies bully clients. They are familiar with Florida’s modified comparative fault rules.
Our team creates strong cases supported by expert analysis and evidence. We never charge up-front fees.
Find a Florida Comparative Negligence Attorney Today
Do not wait if you have been injured in an accident. Let Link UP Solutions help you understand your legal options. We provide free case evaluations as well as personalized attention.
Contact Link UP Solutions today to book your appointment.
Find out more about Link UP Solutions’ Personal injury practice.