Florida's modified comparative negligence law, explained

Florida's modified comparative negligence rule means your compensation is reduced by your share of the blame for your own injury, and if you're found more than 50% at fault, you can't recover anything from the other side. It took effect March 24, 2023, through House Bill 837, replacing the old rule that let people recover even when mostly at fault.

For most people, this is one of the biggest changes in Florida injury law in decades. It affects car crashes, slip-and-fall injuries and most other negligence claims. Here's how it works, with examples, and what you can do to protect your claim.

What comparative negligence means

Negligence is the legal word for carelessness: someone didn't act with reasonable care, and someone else got hurt. Comparative negligence is the rule for what happens when more than one person was careless.

Instead of an all-or-nothing answer, the fault is split into percentages. A driver who ran a red light might be 80% at fault, and the driver who was speeding through the intersection might be 20% at fault. Your compensation, which the law calls damages, is then adjusted based on your share.

What changed in 2023

Before HB 837, Florida followed pure comparative negligence. You could recover something no matter how much of the blame was yours. If you were 90% at fault, you could still collect 10% of your damages.

HB 837 switched Florida to modified comparative negligence, now found in Florida Statutes §768.81. Under the new rule:

• If you're 50% at fault or less, you can recover, but your damages are reduced by your percentage of fault.
• If you're more than 50% at fault, you generally can't recover damages from the other side.

People sometimes call this the "51% rule," because 51% is where recovery stops. Being exactly 50% at fault still allows a claim.

The change applies to negligence cases filed after March 24, 2023. Cases filed before that date generally follow the old rule. The law also has an important exception: it doesn't apply to medical negligence claims, which still follow pure comparative negligence.

How the rule works: a worked example

The numbers below are hypothetical and are for illustration only. They don't reflect any real case or what any claim is worth. Imagine a jury decides someone's total damages are $100,000, and then assigns fault.

Up to 50%, nothing changed: your recovery is reduced by your share. Above 50%, the old rule still paid something, and the new rule pays nothing. That cliff is why the fight over percentages matters so much more now.

Here's how it can play out on the road. Picture a driver making a left turn on a yellow light in Orlando, hit by an oncoming car going well over the speed limit. The turning driver's insurer may argue the speeder was mostly to blame, while the speeder's insurer argues the turn was unsafe. Whether the turning driver lands at 45% or 55% decides whether they recover anything at all.

How fault percentages get decided

In a lawsuit that goes to trial, the jury decides fault and fills in the percentages on a verdict form. But most cases never get that far. In practice, fault is negotiated between lawyers and insurance adjusters long before trial, and each side argues for percentages that help it.

Since 2023, insurers have more reason to argue that you share the blame. Pushing your share from 45% to 55% doesn't just trim your claim. It ends it. Evidence that often shapes the split includes:

• Photos and video from the scene, doorbell cameras, dashcams or store security systems.
• Independent witnesses who saw what happened.
• Physical evidence, like vehicle damage, skid marks or the spill on a store floor.
• Records, such as the police report, vehicle data or a store's inspection logs.
• Your own statements, including what you said at the scene, on social media or to an adjuster.

What if more than one party is at fault?

Fault can be split among several people or companies. In a three-car crash, for example, each driver may be assigned a percentage. In Florida, each defendant generally pays only its own share of the damages, so the way fault is divided among them matters too.

Who this affects

The rule reaches most negligence claims in Florida, including:

• Car, motorcycle and truck crashes. Insurers commonly argue speed, distraction or following too closely.
• Rideshare accidents, where several drivers and insurers may be involved.
• Slip-and-fall injuries, where the store may argue you weren't watching where you were going.
• Pedestrian and bicycle accidents, where crossing outside a crosswalk is often raised.

One thing it doesn't affect is your personal injury protection (PIP). PIP is the part of your car insurance that pays your first medical bills and lost income after a crash, and it pays regardless of fault. If you're wondering about your options after a crash you may have caused, see can I collect money if I was at fault in a car accident?

Other HB 837 changes to know

HB 837 changed more than comparative fault. For most negligence claims, it also:

• Shortened the deadline to file a lawsuit from four years to two years (§95.11). Our guide to the deadline to file a personal injury case covers the details and exceptions.
• Changed how medical bills are proven at trial (§768.0427), which can affect how damages are calculated.
• Changed negligent security claims against property owners (§768.0701), including how fault is split with a criminal who caused the harm.

How to protect your claim under the new rule

1. Don't admit fault. At the scene, in the store, online or to an adjuster, stick to facts. "I'm sorry" can be quoted later.
2. Document everything right away. Photos, video, names and contact details of witnesses. Evidence fades fast.
3. Get medical care promptly and follow your treatment plan.
4. Don't give a recorded statement to the other side's insurer before getting advice.
5. Talk to a lawyer early. The two-year deadline is shorter than it used to be, and building the fault picture takes time.

Frequently asked questions

What happens if I'm exactly 50% at fault?

You can still recover, but your damages are reduced by half. Florida's rule bars recovery only when you're found more than 50% at fault for your own harm. Because the line is so close, small pieces of evidence can make a big difference in cases that land near the middle.

Does the new rule apply to my case from 2022?

It depends on when the lawsuit was filed, not just when the accident happened. The new rule generally applies to cases filed after March 24, 2023. Since the old four-year deadline also changed, anyone with an older injury should talk to a lawyer about which rules apply.

Does comparative negligence apply to medical malpractice?

No. HB 837 carved out medical negligence. Those claims still follow pure comparative negligence, so a patient's recovery is reduced by any share of fault but isn't barred above 50%. Medical malpractice claims have their own separate rules and deadlines in Florida.

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The new rule raises the stakes on every percentage point of fault. If an insurer is saying the accident was mostly your fault, that's worth a second look before you accept it. Our personal injury team offers a free case review, in English or Spanish, and there's no fee unless we recover for you.