A serious accident can turn your world upside down. You’re hurt, medical bills are stacking up, and the insurance company is already looking for ways to reduce what they owe you. If you played even a small role in the accident, you may be wondering, Will I still be able to recover compensation?
The answer lies in understanding comparative negligence in Florida. This rule doesn’t automatically bar you from recovery if you share some responsibility, but it can affect how much compensation you receive. At Maranatha Law, we’ve guided countless injured clients in Lakeland, Tampa Bay, and throughout Central Florida through this very issue. Here’s what you need to know.
What Is Comparative Negligence in Florida?
In personal injury law, “comparative negligence” refers to how fault is divided when more than one party contributes to an accident. Florida used to follow a “pure comparative negligence” system, but as of March 24, 2023, state law shifted to a modified comparative negligence standard.
Here’s what that means for your case:
- If you are 50% or less at fault. You can still recover damages, but they will be reduced depending on your level of fault. For instance, if a jury awards you $100,000 but determines you were 20% at fault, your compensation would be reduced to $80,000.
- If you are more than 50% at fault. You cannot recover compensation at all. For example, if you were even 55% at fault, you would receive nothing.
This is why understanding and proving fault in your case is critical, and why having a skilled personal injury attorney matters.
Why Comparative Negligence Florida Rules Matter After an Accident
Insurance companies are quick to use Florida’s comparative negligence rules against accident victims. Adjusters may argue that you were speeding, distracted, or otherwise careless, hoping to increase your percentage of fault and reduce what they have to pay.
Without legal guidance, you may accept less than you deserve, or worse, assume you have no case at all. At Maranatha Law, we push back against these tactics by carefully investigating accidents, gathering evidence, and presenting a strong case that minimizes your share of the blame.
Florida Comparative Negligence in Action
Let’s look at some real-world scenarios where Florida comparative negligence might come into play:
- Car accidents. You were rear-ended, but the other driver claims your brake lights weren’t working. A jury may find you partially responsible.
- Slip and fall cases. You slipped on a wet floor in a grocery store but were looking at your phone at the time. Fault may be shared between you and the store.
- Pedestrian accidents. You were hit while crossing the street outside of a crosswalk. The driver may still bear significant fault, but your actions could reduce recovery.
These examples show how nuanced fault can be, and why an experienced attorney is essential to fight for the fairest possible outcome.
How Much Compensation Could Be Reduced?
Your compensation will be reduced by the percentage of fault assigned to you. Here are a few quick examples:
- 10% fault on your part. You still recover 90% of the damages.
- 30% fault on your part. You recover 70% of the damages.
- 50% fault on your part. You recover 50% of the damages.
- Over 50% fault. You recover nothing.
This system is designed for fairness, but insurers can easily manipulate it if you don’t have someone fighting for you.
The Burden of Proof and Why It Matters
In personal injury cases, the burden of proof lies with the plaintiff. That means you must prove:
- The other party owed you a duty of care,
- They breached that duty,
- Their breach directly caused your injury, and
- You suffered damages as a result.
Insurance companies know this and will dig for anything that shifts blame onto you. At Maranatha Law, we build your case on solid evidence: police reports, witness statements, accident reconstruction, medical records, and expert testimony.
Common Tactics Insurance Companies Use
Insurance adjusters are skilled at exploiting Florida comparative negligence rules. Some common tactics include:
- Claiming you were distracted or speeding,
- Suggesting you ignored warnings or safety instructions,
- Minimizing the other party’s role in the accident, or
- Pressuring you into a low settlement before you know the full extent of your injuries.
When you work with Maranatha Law, you won’t have to face these tactics alone. We know their playbook and use proven strategies to level the playing field.
What You Should Do After an Accident
If you’ve been in an accident and are worried about your role in it, here are steps to protect yourself:
- Seek medical attention immediately. Your health comes first, and medical records are critical evidence.
- Report the accident. File a police report or incident report to document what happened.
- Gather evidence. Take photos, collect witness information, and preserve any physical evidence.
- Avoid admitting fault. Even a simple apology can be twisted into an admission of liability.
- Consult an attorney. Don’t let an insurance adjuster tell you what your case is worth.
Following these steps helps protect both your health and your legal rights. Acting quickly also gives your attorney the strongest possible foundation to build your case and counter any attempts to unfairly assign blame to you.
Why Choose Maranatha Law?
At Maranatha Law, we understand that after an accident, you feel overwhelmed and vulnerable. You need a lawyer who listens, cares, and fights relentlessly on your behalf.
Attorney Tim Shanahan built this firm on one guiding principle: Do the right thing, no matter what. With roots in Lakeland and a practice serving Polk, Osceola, Hillsborough, Pinellas, and beyond, Tim brings personal attention, integrity, and a tireless work ethic to every case.
When you choose us, you get more than just legal representation; you get an advocate who believes in your story and will fight to get you the compensation you deserve.
Take the Next Step Today
Don’t let uncertainty about comparative negligence in Florida stop you from pursuing justice. Even if you believe you share some responsibility for your accident, you may still be entitled to significant compensation.
Call Maranatha Law today to schedule a free consultation. Let us explain your options, protect your rights, and fight for the best possible outcome in your case.
