Updated July 2026 to reflect Florida’s 2023 tort reform (HB 837).
When you’re injured in a car accident in Florida, one of the biggest factors in your injury claim is the state’s comparative negligence law. In 2023, Florida changed that law in a way that raises the stakes for injured people — so understanding how it works now is more important than ever.
In this article, we’ll explain what comparative negligence means, how Florida’s rule changed on March 24, 2023, and what you can do to protect your claim if the other side tries to blame you for the accident.
What Is Comparative Negligence?
Comparative negligence is the legal principle that divides fault among everyone involved in an accident. Rather than an “all or nothing” approach, it lets an injured person recover damages even when they share some of the blame — but the amount they recover is reduced by their share of the fault, and, under Florida’s current rule, only if their share is not too high.
How Florida’s Comparative Negligence Law Works Now
For roughly 50 years, Florida followed a pure comparative negligence system, in which an injured person could recover something even if they were 99% at fault. That changed in 2023.
With the passage of House Bill 837, effective March 24, 2023, Florida moved to a modified comparative negligence standard, codified in Fla. Stat. § 768.81. The key change is a 51% bar:
- If you are found 50% or less at fault, you can still recover damages, reduced by your percentage of fault.
- If you are found more than 50% at fault for your own injuries, you recover nothing.
Example: If your total damages are $100,000 and you are found 20% at fault, you can recover $80,000. But if you are found 55% at fault, you recover $0 — where, under the old law, you would still have collected a reduced amount.
This is exactly why insurance companies fight so hard to pin more than half the blame on injured people. Pushing your share of fault past 50% doesn’t just shrink the payout — it can wipe it out entirely.
An Important Exception: Medical Malpractice
The 51% bar does not apply to medical malpractice claims. Those cases remain under the older pure comparative negligence standard, so an injured patient can still recover a reduced amount even if they are more than 50% at fault. Different rules genuinely apply to different kinds of cases, which is one reason it’s worth talking to an attorney about your specific situation.
A Shorter Deadline to File
HB 837 also shortened the deadline to file most general negligence lawsuits. For causes of action that accrue on or after March 24, 2023, the statute of limitations dropped from four years to two years (Fla. Stat. § 95.11). Waiting too long can end your claim before it starts, so it’s important to act promptly.
Which Rule Applies to My Accident?
- Accidents on or after March 24, 2023: the modified comparative negligence (51% bar) rule and the two-year deadline generally apply.
- Accidents before March 24, 2023: the older pure comparative negligence rule and longer deadline may apply.
- Medical malpractice: pure comparative negligence still applies.
If you’re not sure which rule governs your case, contact us and we’ll tell you exactly where you stand.
How Fault Is Determined
Determining fault is rarely simple. Insurance adjusters — and, if it comes to it, a jury — weigh evidence such as police reports, eyewitness testimony, traffic-camera and dash-cam footage, photos of the scene, and expert opinions like accident-reconstruction analysis. Each of these can move your percentage of fault up or down, which under the current law can be the difference between a full recovery and no recovery at all.
How to Protect Your Claim
- Gather evidence early. Photos, witness contact information, and medical records all help establish what really happened.
- Don’t admit fault. Avoid saying “I’m sorry” or accepting blame at the scene or to an adjuster — those statements get used to push your fault percentage higher.
- Get medical treatment and follow through. Your health comes first, and consistent records support your claim.
- Review the police report. If it contains errors that affect fault, address them quickly.
- Talk to an attorney. Because a fault finding over 50% now means zero recovery, experienced representation matters more than it did before 2023.
Key Takeaways
- Since March 24, 2023, Florida uses modified comparative negligence with a 51% bar — more than 50% at fault means no recovery.
- Your recovery is still reduced by your share of fault when that share is 50% or less.
- Medical malpractice claims remain under pure comparative negligence.
- The deadline to file most negligence claims is now two years for accidents on or after March 24, 2023.
If you’ve been injured in an auto accident in Florida, don’t wait. Contact Scott & Wallace Law for a free consultation. Our experienced attorneys understand exactly how the new comparative negligence rule works — and how to keep the other side from unfairly shifting blame onto you.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Scott & Wallace LLP. For advice about your specific situation, contact one of our licensed Florida personal injury attorneys.
