Catania and Catania | March 13, 2025 | Car Accidents
If you have been injured in an accident in Tampa or any other Florida locale, you may be familiar with the term “comparative negligence.” However, what does that mean for your chances of recovering compensation? With recent changes in Florida’s laws, it is imperative to understand how this principle works, including the nuances of determining fault and calculating damages and how it may affect your personal injury claim.
We’re here to guide you at Catania and Catania. This guide outlines everything you need to know about comparative negligence in Florida and how fault is determined.
What’s Comparative Negligence?
In cases where both the plaintiff (person injured) and the defendant (party being sued) share any fault, comparative negligence is a legal principle that assigns responsibility. In other words, this allows the injured party to recover damages. However, their share of the blame for the accident offset the damages awarded.
The Two Types of Comparative Negligence
In comparative negligence laws in the U.S., states generally adopt one of two systems:
- Pure Comparative Negligence: Damages are awarded proportionately according to fault percentage from both parties regardless of how high the plaintiff’s fault is. For example, even a plaintiff found to be 99% responsible can still receive 1% of their damages.
- Modified Comparative Negligence: Here, too, the plaintiff’s percentage of fault must be below a certain percentage (normally 50 or 51 percent, depending on the state) for her to recover damages.
Florida had the pure comparative negligence rule for decades, allowing plaintiffs to recover damages even if they were found predominantly at fault. However, this changed when House Bill 837 was signed into law in March of 2023, switching Florida over to a modified comparative negligence standard.
How Is Fault Determined?
After an accident, you should analyze all behaviors from the plaintiff’s and defendant’s perspectives. This process requires analyzing different factors that assist in determining liability in the event. The following are the main elements used to assess fault:
Evidence Matters
The evidence is important in establishing fault. This can be surveillance video, photographs taken at the scene, eyewitness testimony, or expert testimony like accident reconstruction. All of this evidence brings us closer to the final picture of what happened and gives a good basis for building a case.
The Role of Police Reports
As definitive proof of fault in a court of law, police report data may not hold, However, it is still frequently informative. It’s a common practice to have the officers on the scene compile reports that help illuminate pertinent information, such as what they saw, what a witness has said, or any evidence of traffic violation, which is key in determining fault.
Actions by Both Parties that Contributed
If the injured person contributed to the accident that caused his injuries, his percentage of fault would lower the percentage of blame placed on the other party. This principle, known as contributory negligence, highlights the necessity of assessing the behavior of all parties involved.
Evaluating these elements can help precisely assess fault.
An Example
Consider a driver who rear-ends a car at a red light. At first, it looks like a cut-and-dry rear driver negligence-type situation. However, the findings show that the lead vehicle’s brake lights were defective. Under Florida’s comparative negligence law, the blame could be divided between the two parties. For example, 70 percent would be on the rear driver and 30 percent on the front driver.
How Are Damages Calculated?
When determining fault in a car accident, Florida courts calculate damages based on the plaintiff’s level of responsibility. Under Florida’s comparative negligence law, any compensation awarded is reduced by the plaintiff’s percentage of fault.
Previously, under the pure comparative negligence system, plaintiffs could recover damages even if they were mostly at fault. However, a recent change to the modified comparative negligence standard means that plaintiffs can no longer recover damages if they are found to be 51% or more at fault. This reform significantly impacts the claims process, emphasizing the importance of proving fault in personal injury cases.
Understanding how comparative negligence works is vital for anyone involved in an accident, as it directly affects the potential for financial recovery.
What Changes Have Been Made in Florida’s Comparative Negligence Law?
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 (HB 837) into law. This landmark tort reform introduced significant changes to Florida’s comparative negligence standards, shifting from a pure comparative negligence model to a modified comparative negligence model.
Greater Accountability Threshold
The new system sets a tougher standard for plaintiffs in general negligence cases to establish accountability. As a result, if a plaintiff is deemed more than 50% responsible for their injuries, they are totally barred from recovering any damages. This completely overhauls the nature of negligence cases. Each injured person could recover some damages based on how negligence was apportioned under the old system. This rule only applies to cases of general negligence. However, medical malpractice cases are excluded.
Shortened Statute of Limitations
Another key change is the shortening of the general negligence claims statute of limitations, which I will discuss now. Previously, victims had four years to bring a claim. The new statute halves that deadline to just two years for cases brought after that law was passed last March. This means potential plaintiffs must move fast to file a lawsuit.
Impact on Insurance Claims
The new law dramatically cuts insurers’ financial liability. In that case, under the old pure comparative negligence system, the injured party could still collect some damages even if he or she was primarily at fault. Insurers are unlikely to have to pay out anywhere near as much when the plaintiff is more than 50% at fault.
Legal Claims Affected
The new law sharply limits insurers’ financial liability. In the previous pure comparative negligence regime, injured parties could still recover at least some damages even if they were primarily to blame. Insurers are unlikely to pay large amounts when the plaintiff’s fault is more than 50%.
Implications for Plaintiffs
This reform makes it more difficult for injured persons at fault in an accident to recover damages. Successful claims now rely much more heavily on showing that their role in the accident was less than that of the defendant.
Injured in Florida? Deciphering Comparative Negligence and Your Right to Compensation
Navigating Florida’s arcane comparative negligence laws takes experience and expertise, especially now that recent reforms have made obtaining damages a very convoluted process. Catania and Catania specializes in personal injury, knows Tampa laws, and will fight for the compensation you deserve.
Contact our Tampa office now at 813-222-8656 for a free consultation and individual legal advice that fits your case.
