Florida's Modified Comparative Negligence Rule
Quick Answer
Since March 2023, Florida follows modified comparative negligence: your damages are reduced by your percentage of fault, and you recover nothing if you are found more than 50% at fault. Medical negligence claims are excepted from the 51% bar.
Key Takeaways
- More than 50% at fault means no recovery in most negligence cases.
- A 20% fault finding reduces a $200,000 verdict to $160,000.
- Insurers inflate claimant fault precisely because of the 51% bar.
How the Rule Works in Practice
A jury assigns a percentage of fault to each party. If the plaintiff is 30% responsible and damages are $500,000, the judgment is $350,000. At 51%, recovery drops to zero.
How Fault Gets Contested
Adjusters argue speed, distraction, footwear, failure to keep a lookout, and failure to mitigate damages. Countering those arguments requires objective evidence gathered before memories and video disappear.