2 minute read
Recent updates to Florida law have changed how accident victims can receive compensation for their injuries and expenses. Comparative negligence is the method used by Florida courts to determine the value of your case and what you may be entitled to receive in damages.
The Change
Florida used to be a pure comparative negligence state. Now, Florida Statute 768.81 has been updated, moving the state from pure comparative negligence to modified comparative negligence. In a pure comparative negligence state, you can file a claim and seek damages if the other party had any level of fault in causing the accident, even if you were 99% responsible. In this case, you would still be entitled to claim 1% of the total damages of the case. As a modified comparative negligence state, you can only seek damages if the other party is more than 50% at fault for the accident.
Why It Matters to You
To file a claim and pursue accident-related damages, the other party must be primarily responsible for the accident. While your actions may have contributed to the accident, the other party must be more than 50% at fault. When your case is filed, a judge will determine the level of fault each party’s actions contributed to the accident. Then, your damages are reduced by the level of fault you had in the accident.
Get Compensation for Your Car Accident Injuries
If you were involved with a car accident with a driver that is majorly at fault for the accident, you can pursue a claim and collect damages outside of what your required PIP coverage includes. Call the Michael Brady Lynch Firm at 888-585-5970 for a consultation to discuss your case.
Date: August 5, 2025
Attorney and Editor-in-Chief: Brandon Salter