When accidents happen, fault is rarely black and white. Most personal injury cases involve shared responsibility between parties. Understanding how Florida handles these situations can make the difference between receiving fair compensation and walking away empty-handed.
Florida’s Major Legal Shift
On March 24, 2023, Florida transformed personal injury law with House Bill 837. The state moved from “pure comparative negligence” to “modified comparative negligence,” fundamentally changing how fault affects compensation.
Under the old system, injured parties could recover damages even if 99% at fault—compensation was simply reduced by fault percentage. Today’s law is much stricter.
The 51% Rule Changes Everything
Florida now follows the “51% bar rule.” If you’re 50% or less at fault, you recover damages reduced by your fault percentage. For example, $100,000 in damages with 30% fault means $70,000 recovery.
However, if you’re 51% or more at fault, you recover nothing. Zero compensation, regardless of the other party’s contribution or injury severity.
This creates a “cliff effect”—one percentage point determines substantial compensation versus complete loss.
How Fault Is Determined
Insurance adjusters initially assess fault using police reports, witness statements, and evidence. Their goal is to minimize payouts, so they often assign higher fault percentages to injured parties.
At trial, judges or juries make final determinations. Key evidence includes police reports, witness statements, photos, medical records, expert testimony, and accident reconstruction.
Insurance Company Advantage
The 51% rule gives insurers tremendous leverage. They aggressively argue for higher fault percentages, knowing that 51% eliminates their liability completely. This forces injured parties to accept lower settlements rather than risk getting nothing.
Protecting Your Rights
Document everything immediately: photos, witness information, surveillance footage. Seek medical attention promptly. Be cautious with insurance adjusters—avoid apologizing or admitting fault.
Most importantly, consult an experienced personal injury attorney quickly. Insurance companies have extensive resources and expertise, leveraging these new laws. An attorney can challenge unfair fault assignments, conduct independent investigations, and ensure proper case valuation.
The Weldon & Rothman Difference
Weldon & Rothman understands Florida’s evolving personal injury landscape. Our experienced attorneys work diligently to minimize fault assignments and maximize recovery for Southwest Florida clients. We offer free consultations and contingency fees—you pay nothing unless we win.
Don’t let comparative negligence laws catch you off guard. Every percentage point matters more than ever.
To schedule a confidential consultation, contact Weldon & Rothman, PL.