In 2023, Florida made a major change to its comparative fault law that significantly affects personal injury cases. Understanding this law is critical before you accept any settlement.
From Pure Comparative Fault to Modified Comparative Fault
Before March 24, 2023, Florida followed "pure comparative fault" — even if you were 99% responsible for an accident, you could still recover 1% of your damages.
After March 24, 2023, Florida switched to "modified comparative fault with a 51% bar." Under this new rule:
- You can recover damages only if you are **50% or less at fault**
- If you are found **51% or more at fault**, you **recover nothing**
- Your recovery is reduced by your percentage of fault
Example
You suffer $100,000 in damages. The jury finds you 30% at fault. You recover $70,000 (your damages reduced by your 30% fault).
Same case, but the jury finds you 51% at fault. You recover $0.
How Insurance Companies Use Comparative Fault
Adjusters are trained to find ways to assign fault to injured victims to reduce or eliminate payouts. Common arguments include:
- You were speeding or distracted
- You failed to wear a seatbelt (reduces medical damage recovery)
- You were on private property without permission
- You provoked the situation
- You failed to take reasonable steps to avoid the accident
How Gonzalez Munoz Law Defends Your Fault Percentage
Our attorneys build the strongest possible case for minimum fault attribution to you. We analyze police reports, accident reconstruction, witness statements, and traffic camera footage to establish the true facts — not the insurance company's version.
Call 305-770-6666 for a free case evaluation.