Understanding Comparative Negligence in Florida
Florida follows a comparative negligence system, which allows accident victims to seek compensation even if they are partially at fault for their injuries. However, recent changes to the law, particularly with the enactment of House Bill 837 signed into law by Governor Ron DeSantis in March 2023, have introduced significant modifications.
Under the modified comparative negligence rule, individuals can only recover damages if they are found to be 50 percent or less responsible for their injuries. This means that if you are deemed more than 50 percent at fault for the accident, you may be barred from receiving any compensation. It’s essential to note that medical malpractice cases are exempt from this rule.
Impact on Compensation and Civil Claims
One crucial aspect affected by comparative negligence law is the amount of compensation a victim can receive. The awarded amount is proportionally reduced based on the percentage of fault attributed to the victim, up to 50 percent. This means that even if you share some fault for the accident, you may still be entitled to compensation, provided your share of fault does not exceed 50 percent.
Illustrating the Law in Practice
Consider a scenario where a driver collides with a distracted driver who ran a red light. Despite the driver sustaining $100,000 in damages, they are found to be 33 percent at fault for the accident. In this case, the driver’s compensation would be reduced by 33 percent, resulting in a final amount of $66,000. However, if the driver were found to be more than 50 percent at fault, they would not be eligible to claim any compensation under the modified comparative negligence rule.
Challenging Insurance Companies
Some insurance companies attempt to shift blame onto the victim hoping to reduce their liability. At our law office, we will vehemently oppose such tactics. We conduct comprehensive accident investigations to gather compelling evidence that can counter the narratives put forth by insurance companies. From analyzing black box data to obtaining eyewitness testimony, we leave no stone unturned in our pursuit of justice for our clients.
Impact of 2023 Tort Reform on Comparative Negligence in Florida
In addition to the shift from pure comparative negligence to a modified system, House Bill 837 introduced several other significant changes to Florida tort law, including:
- Reducing the personal injury statute of limitations from four years to two years for general negligence claims.
- Modifying the types of admissible evidence for proving the amount of damages for medical care.
- Adjusting insurer liability for bad faith.
These reforms will undoubtedly impact injury victims, particularly in litigation. However, we remain committed to advocating for our clients’ rights and ensuring they receive the compensation they rightfully deserve.
Navigating the complexities of comparative negligence law in Florida can be daunting, but with the expertise and dedication of the Law Office of Matthew A. Rubner, you can rest assured that your case is in capable hands.
Contact Matt today for a free consultation to discuss your legal options and begin the journey towards justice.
Matthew Rubner