One question we are frequently asked by clients in our office is: what happens when you are involved in an accident in Florida – a car accident, a slip or trip and fall, or some other type of accident – but you were partially responsible for the accident?
The answer to that question used to be pretty simple: even if you were partially at fault, you could still recover for your injuries, but the recovery would be reduced by your percentage of fault.
For a long time in Florida, if you were partially at fault for your car accident or slip or trip and fall – even if you were more than 50% at fault – you could still obtain a judgment award for your injuries. But that changed dramatically in March 2023 with the new tort reform law passed by the Florida legislature.
Now, under the new law, if you are more than 50% at fault for your accident, you cannot recover for your injuries, regardless of how serious your injuries are.
What Is Comparative Negligence?
For many years, Florida followed the standard comparative negligence rule. Comparative negligence is a legal rule that basically says that when you are involved in an accident, and you are partially responsible for the accident, your damages will be reduced by the percentage of your own negligence.
You might be wondering: how does that actually work in the real world?
Well, here’s a very general explanation of how comparative negligence works in the context of a car crash.
How Do You Reduce For Your Percentage Of Negligence?
Let’s say you are driving around, and another driver is speeding and crashes into you. It’s not always the case that the other driver is going to be 100% at fault for your injuries. There may be some other factors at play that will reduce the other driver’s percentage of negligence. Let’s just assume you go to trial and a jury determines:
- The other driver was 80% at fault (because he was speeding);
- You were 20% at fault (for not reacting quickly enough to avoid the crash); and
- The jury determines that your total damages are $200,000.
Under the comparative negligence rule, your recovery is going to be reduced by your own percentage of fault. So, if the total damages are $200,000 and you were 20% at fault, then your recovery would be $160,000. This is based on $200,000 in total damages reduced by 20% (which is $40,000).
Previously, with some exceptions, it didn’t matter if you were greater than 50% at fault for your accident.
You could have been 90% at fault for the accident, and you could still recover for your damages (though your damages would be reduced by 90%). So, if the jury found that your total damages were $200,000 but you were 90% at fault, you would still recover $20,000 (10% of the total damages of $200,000).
That all changed in 2023 when the state of Florida enacted sweeping changes to the state’s tort laws. The new rule is much harsher towards plaintiffs, and in some instances, the new rule will result in plaintiffs not being able to recover anything at all for their injuries.
The 50% Negligence Rule
Florida law – specifically Florida Statutes Section 768.81(6) – now says that if you are greater than 50% at fault for your accident, you cannot recover anything.
This can make a world of difference in a whole lot of cases. Think of it this way.
Let’s say the jury determines that your total damages are $1,000,000.
- If the jury finds that the other driver was 70% at fault and you were 30% at fault, you recover $700,000 (70% of your damages)
- If the jury finds that the other driver was 60% at fault and you were 40% at fault, you recover $600,000 (60% of your damages).
- If the jury finds that the other driver was 50% at fault and you were 50% at fault, you recover $500,000 (50% of your damages).
- If the jury finds that the other driver was 49% at fault and you were 51% at fault, you recover $0.00, no matter how severe your injuries are.
So, that’s the new rule. If a jury determines that you were more than 50% at fault for your car accident or slip or trip and fall, then you get nothing.
That’s the new, modified comparative negligence rule in Florida.
For injury victims, the only good thing about the new law is that it does not apply in medical malpractice cases. Medical negligence cases in Florida still operate under the old comparative negligence rule (so that the new 50% rule does not apply).
Contact Our Office For A Free Consultation!
If you were injured in a car crash, slip or trip and fall, or any other type of accident in Broward, Palm Beach, or anywhere else in Florida and have questions about how the new comparative negligence rule applies in your case, call our office today at 954-833-1440 for a free consultation.