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Comparative negligence in Florida’s new personal injury law

In 2023, Florida’s personal injury laws underwent significant changes. For the last five decades, Florida was a pure comparative negligence state, which meant that regardless of one’s liability, a plaintiff in a personal injury case could obtain compensation for his injuries in proportion to the percentage of responsibility of the defendant driver. For example, if the defendant driver is found to be responsible for 75% of the damages resulting from the accident and the plaintiff is only 25% at fault, the plaintiff can only recover 75% of the damages. The remaining 25% will have to be borne by the plaintiff himself.


The new HB 837 bill was signed into law in March 2023 to amend section 768.81 of the Florida Statutes, changing Florida from a state of pure comparative negligence to one of modified comparative negligence. According to the new standard of comparative negligence, in personal injury cases, the party-at-fault with the greater percentage of fault exceeding 50 percent is not able to recover any damages. However, the new Pi law does not apply to damages in medical malpractice claims. Now under the modified comparative negligence standard, a plaintiff at fault for 51% of injuries to him cannot recover any damages, even though the defendant was at fault for 49% of the plaintiff’s damages.


If you’ve been involved in an auto accident it may be worth reaching out to an experienced personal injury attorney at the earliest opportunity. As laws are becoming more convenient for insurance companies but seemingly less advantageous to regular people, there’s a good chance that they may discourage you from pursuing the just compensation you deserve. Kane & Vital Personal Injury Attorneys have a proven track record of assisting countless individuals in Florida involved in personal injury claims to make the right decisions in their claim process. Contact our personal injury law firm at +1 (954) 523-5123 or email us at info@kanevital.com to discuss your needs.

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Our accident lawyers are focused on helping those hurt in South Florida, especially when the pain was caused by negligent or reckless conduct. Kane & Vital offers simple legal help for injured victims.

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