How Florida’s Comparative Fault Laws Affect Your Personal Injury Claim

When an accident happens, blame isn’t always clear. Two drivers collide at an intersection. A customer slips on a wet grocery store floor. A pedestrian steps off the curb just as a car turns. Real-life injuries rarely come with simple explanations. And when more than one person shares responsibility, Florida’s comparative fault rules decide who pays, and how much.

Understanding Comparative Fault in Florida

Comparative fault, also called comparative negligence, is a legal rule that lets courts and insurers divide blame among everyone involved in an accident. Each person’s share of fault is measured in percentages. That number directly affects how much compensation an injured person can collect.

Damages in personal injury cases cover things like medical bills, missed work, long-term disability, and emotional distress. But the amount someone receives depends not just on what was lost, but on how much of the accident was their fault.

Let’s say a jury finds the injured person 20% responsible for causing the crash. That person’s total compensation will be reduced by 20%. If the total damages were $100,000, they’ll recover $80,000.

The 2023 Legal Shift: From Pure to Modified Comparative Fault

Until March 2023, Florida followed a pure comparative fault system. Even someone who was 90% at fault could still recover 10% of their losses. But that changed when House Bill 837 went into effect.

The new law introduced a modified system. It brought in the 51% bar rule—a strict cutoff point. If someone is found more than 50% at fault for their own injuries, they lose the right to recover anything. The result is all or nothing.

Here’s how it breaks down:

The law only applies to lawsuits filed on or after March 24, 2023. Earlier claims still follow the older rule. There’s also a notable exception: the 51% bar does not apply to medical malpractice cases. Those claims still operate under the old pure comparative model.

Proving Fault: How Percentages Are Decided

Assigning fault isn’t guesswork. It relies on evidence, documents, witness accounts, expert analysis, and more. Here are some examples of what courts and insurance adjusters consider:

• Police reports (though not always admissible in court)
• Statements from witnesses or others involved
• Photos or video of the accident scene
• Vehicle data (like black box records)
• Medical records linking injuries to the accident
• Testimony from accident reconstruction experts

If both sides can’t agree on who’s at fault, the case may go to trial. A judge or jury reviews the facts and assigns percentages. Even small shifts—say from 49% to 51%—can make or break a claim.

Where Comparative Fault Often Comes Up

Certain types of accidents regularly lead to fault disputes:

Car Accidents

• Rear-end collisions: Usually, the rear driver is at fault. But if the front driver braked suddenly or had broken brake lights, they may share the blame.
• Intersection crashes: Fault often depends on traffic signals, right-of-way, or speed.
• Lane changes: If two cars move at once or one fails to signal, both could be partly responsible.

Slip and Fall Injuries

• A store may argue the spill was obvious and the customer should have seen it.
• If the injured person was texting, not watching their step, or in a restricted area, they might be assigned partial fault.

In these cases, proving who knew what—and when—can heavily influence the final outcome.

How Insurers Use the 51% Rule

Insurance companies are not neutral. Their job is to pay as little as possible. Under the new rule, they have a strong reason to push the fault onto the injured party. If they can raise that number just over 50%, their payout drops to zero.

Common tactics include:

• Asking leading questions in recorded statements
• Highlighting minor traffic violations or distractions
• Relying on non-admissible police reports
• Making low early offers to pressure quick settlements

It’s easy to underestimate how these strategies work until a claim gets denied outright. That’s why even minor admissions or missed evidence can matter.

Why Legal Help Makes the Difference

With the 51% bar in place, the margin for error is narrow. What once might have been a partial win can now become a total loss. A skilled personal injury attorney knows how to protect clients from unfair blame and push back against inflated fault percentages.

Attorneys do more than argue. They:

• Investigate accidents immediately while the evidence is fresh
• Preserve security footage, witness statements, and crash data
• Work with experts to recreate events and explain causation
• Handle all communications with insurers
• Negotiate based on the full value of the case, not the insurer’s version

If a case does go to trial, attorneys build clear, fact-based arguments that show what really happened—and why fault should be fairly assigned.

Shrader Mendez & O’Connell has deep experience in these matters. Their Tampa-based team has represented injury victims across Florida, ensuring clients are treated fairly under the law, even when the numbers get tight.

Final Thought

Comparative fault laws aren’t just legal theory. They determine what injured people actually take home. With Florida’s shift to a modified system and the addition of the 51% bar, understanding and challenging fault claims has never been more important.

If there’s any question about how an accident happened or who’s to blame, don’t guess. Talk to a firm that knows how to handle the pressure.

Call Shrader Mendez & O’Connell at 813-360-1529 or visit shraderlawfirm.com/contact for a free consultation.