Norden Leacox Accident & Injury Law | December 10, 2024 | Personal Injury
Florida’s comparative negligence law determines how responsibility is shared when multiple parties contribute to an accident. Under recent changes to state law, Florida has shifted from a pure comparative negligence rule to a modified comparative negligence rule. This modification could have a significant impact on your ability to recover compensation. If you share fault for an accident, you will want to understand this recent change to law.
Understanding the New Florida Comparative Negligence Law
In March of 2023, Florida enacted House Bill 837. This legislation transformed the state’s longstanding pure comparative negligence rule into a modified comparative negligence rule. Here’s what this means for accident victims:
- Modified Comparative Negligence. If you are found to be more than 50% responsible for your injuries, you are now barred from recovering any compensation for your damages. You remain eligible to recover compensation if you are less than 51% at fault. However, your financial award will be reduced by your percentage of fault.
- Exception for Medical Malpractice. The new rule applies to most personal injury claims but not medical malpractice cases. Claims based on medical negligence continue to follow the old pure comparative negligence system. This allows victims to recover some compensation even if they bear a substantial portion of the blame.
Under the modified comparative negligence law, how fault is assigned becomes critical. Proving that you are below the 51% threshold could be the difference between receiving full or partial compensation. In some cases, it can result in no compensation at all.
How the New Law Affects a Typical Florida Car Accident Case
Suppose you are involved in a car accident where another driver is mostly to blame, but you share some of the fault. For instance:
- You are injured in a crash and suffer $100,000 in damages.
- The jury finds that you are 30% responsible for the accident (for slightly driving above the speed limit), while the other driver is 70% at fault (for running a red light).
Under the modified comparative negligence system, you can still recover damages. However, your total award will be reduced by your 30% share of the blame. Instead of receiving the full $100,000, you would recover only $70,000. However, if the roles were reversed and you were found to be 60% at fault, you would be ineligible to receive any compensation under the new law.
Impact of 2023 Tort Reform on Comparative Negligence in Florida
House Bill 837 didn’t just change the comparative negligence standard. The legislation also introduced broader reforms to Florida’s tort system. These reforms included:
- Shorter Statute of Limitations: The deadline to file general negligence claims has been shortened from four years to two years, with limited exceptions.
- Changes to Admissible Evidence: The types of evidence permitted to prove medical expenses and damages have been revised.
- Adjustments to Insurer Liability: Revisions were made to how insurance companies can be held accountable for bad faith practices.
These reforms make Florida’s legal landscape more complex. Having a skilled attorney on your side can help you navigate these changes and preserve your legal rights.
Protecting Your Rights Under the Modified Comparative Negligence Law
Insurance companies are well aware of these changes to the law. They may attempt to use the modified comparative negligence standard to their advantage. Insurers may:
- Overemphasize Your Role in the Accident: They may try to claim that you bear more responsibility than the other party to avoid paying you altogether.
- Leverage Police Reports or Their Own Investigations: The goal of which is to pressure you into a lower settlement or deny your claim.
An experienced attorney will be able to counter these tactics. They can:
- Conduct a thorough, independent investigation to uncover evidence supporting your version of events
- Work with accident reconstruction experts, review black box data, examine mechanical records, and seek eyewitness testimony
- Challenge any attempts by the insurance company to inflate your share of fault
- Aggressively negotiate for a fair settlement and prepare to take your case to court if necessary.
A good lawyer will work to minimize your assigned fault and protect your right to compensation.
Contact a Personal Injury Lawyer at Norden Leacox Accident & Injury Law Today
For more information, please contact Norden Leacox Accident & Injury Law to schedule a free consultation. We have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville.
Norden Leacox Accident & Injury Law – Orlando, FL Office
964 Lake Baldwin Ln Ste. 200
Orlando, FL 32814
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Orlando, FL.
Find us with our GeoCoordinates: 28.5593579,-81.3271749
Norden Leacox Accident & Injury Law – Palm Bay, FL Office
4620 Lipscomb Street N.E Suite #3K
Palm Bay, FL 32905
Phone: (321) 677-5964
Hours: Open 24/7
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Find us with our GeoCoordinates: 28.039083,-80.6083109
Norden Leacox Accident & Injury Law – Melbourne, FL Office
1600 W Eau Gallie Blvd #205j
Melbourne, FL 32935
Phone: (321) 450-7134
Hours: Open 24/7
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Find us with our GeoCoordinates: 28.1289147,-80.6461588
Norden Leacox Accident & Injury Law – Cocoa, FL Office
717 S Cocoa Blvd STE 203
Cocoa, FL 32922
(321) 449-8042
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Find us with our GeoCoordinates: 28.3511613,-80.7312948
Norden Leacox Accident & Injury Law – Titusville, FL Office
4527 S Hopkins Ave Suite B
Titusville, FL 32780
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Titusville, FL.
Find us with our GeoCoordinates: 28.5584923,-80.8010051