Understanding Florida Negligence Law

Paul Catania | March 28, 2025 | Personal Injury

Personal injury cases in Florida are based on Florida negligence law, a set of rules that decides who is responsible and how much should be paid out, especially when more than one person is at fault. The idea behind negligence law is that people are accountable for acting reasonably so they don’t hurt others. Florida negligence law affects various personal injury cases, from car accidents to slip-and-falls. These laws are designed to protect your rights and help you secure the compensation you rightfully deserve.

In this guide, our experienced attorneys at Catania & Catania Injury Lawyers break down Florida’s negligence laws in simple terms—so you know exactly how they apply to your case. With years of practice handling complex personal injury cases, our professionals are committed to guiding you through the legal process and fighting for the justice you are entitled to.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that distributes fault among all parties to an accident in proportion to their fault. Comparative negligence is relevant in determining the amount with which a plaintiff can be compensated in the case of negligence.

States usually adopt one of two main methods of comparative negligence:

1. Pure Comparative Negligence: Under this system, plaintiffs can recover damages even if they are primarily at fault. For example, if you are 90% responsible for an accident, you can still claim 10% of the damages. Florida previously operated under this approach, which aimed to provide compensation regardless of a plaintiff’s level of fault.
2. Modified Comparative Negligence: This stricter system prevents plaintiffs from recovering damages if more than 50% (or 51% in some states) are at fault. It is often considered more favorable to defendants compared to the pure standard.

For years, Florida followed a pure comparative negligence system, allowing injured individuals to recover compensation even if they were mostly at fault. However, a recent change in Florida negligence law has made it harder for at-fault parties to seek damages.

How Has the Florida Negligence Law Changed?

A significant update to Florida negligence law now limits who can recover compensation in personal injury cases. Florida has moved from a pure comparative negligence system to a modified version—meaning some accident victims may no longer be eligible for damages. This change, implemented through House Bill 837 and signed into law on March 24, 2023, is offered under Section 768.81 of the Florida Statutes.

Under the modified system, plaintiffs are barred from recovering any damages if they are found to be more than 50% at fault for an incident. This change holds individuals more accountable and makes it harder for those found mostly at fault to recover compensation. With this change, it is more evident that fault-sharing is not available. Because of this, the way liability is assessed and implemented in Florida has changed.

The following are the important changes that HB 837 brought about:

• If the plaintiff is found to be more than 50% at fault, they can no longer recover payment.
• The law will apply to all the negligence claims filed on or after March 24, 2023, except for medical malpractice claims, which will continue under the pure comparative negligence rule.

This adjustment in the statute aligns Florida with most U.S. states that have adopted a version of the modified comparative negligence rule, a legal doctrine that limits individuals’ recovery of damages according to their percentage of responsibility in an accident.

How Does This Change in the FL Law Affect Personal Injury Cases?

Florida’s shift from pure comparative negligence to modified comparative negligence substantially changes how damages are assessed and awarded in personal injury cases.

Important Implications for Plaintiffs:

Stricter Limitations

Plaintiffs sharing over 50% of the blame for an accident are now ineligible to recover damages. For instance, if you’re involved in a car accident and assigned 51% of the blame, you would forfeit the right to compensation, even if the other party holds 49% of the fault.

Reduced Compensation

Under the new system, compensation is reduced proportionally to the plaintiff’s percentage of fault—up to the 50% cutoff. For example, if you’ve sustained $100,000 in damages and hold 30% liability, your compensation would be reduced by 30%, leaving you eligible to collect $70,000.

Impact on Negotiations and Litigation

With this change in Florida negligence law, insurance companies may work harder to place blame on you—reducing or even denying your claim. This makes hiring an experienced personal injury lawyer more crucial than ever.

Can I Still File a Lawsuit if I’m at Fault?

Yes, you can still file a lawsuit even if you’re partially at fault—as long as your share of responsibility is 50% or less.

Here’s how Florida’s updated negligence law works:

• You can recover compensation for your damages if deemed less than 50% at fault. However, your settlement will be reduced based on your percentage of fault.
• If you are found to be more than 50% responsible, you are barred from seeking financial recovery under the current law. This makes proving fault a critical element of any injury case.

Determining fault is rarely straightforward. It requires analyzing evidence, gathering witness statements, reviewing police reports, and consulting expert testimony. That’s why partnering with skilled attorneys is vital.

Our team is committed to thoroughly investigating every detail of your case. We work hard to keep your risk as low as possible and get you the most compensation.

Protect Your Rights with Catania and Catania Injury Lawyers

If you’ve been injured, understanding Florida negligence law is essential to protecting your rights and securing the compensation you deserve. Since modified comparative negligence was made official not long ago, it is getting harder to deal with cases of personal injuries. At Catania and Catania Injury Lawyers, we know how Florida negligence law affects your case—and we’re here to fight for you. Call us today at 813-222-8656 for a free consultation. Let our experienced attorneys protect your rights and maximize your compensation.

Don’t wait—call us today to fight for your rights and receive the justice you deserve.