Florida Comparative Negligence: All You Need To Know In 2023

In a personal injury case, the opposing party may claim you are guilty of Florida comparative negligence. This means the amount of your award may be subject to reduction if you are partially at fault for your injuries.

Florida is a comparative fault state. The other party may reduce their liability by claiming contributory negligence. This may occur after filing a negligence claim for a slip and fall injury.

This is one reason contacting a slip and fall attorney in Miami is imperative. Attorneys know how to negotiate a settlement under Florida negligence law. This requires knowledge of court rules, rules of civil procedure, and discovery requirements.

Is Florida a Comparative Negligence State?

The short answer is yes. It is essential not to make any statements indicating fault following an accident. Florida negligence law provides for comparative negligence under Title XLV Torts §768.81.

Many states have several types of comparative negligence. Until March 24, 2023, Florida only used pure comparative fault. Under the original statute, the percentage of fault reduces compensation.

The original statute has no cap on the degree of fault needed to recover damages. Even if you were 99% at fault, you could still recover 1% of your award.

Governor DeSantis Signs New Legislation

Florida Governor Ron DeSantis signed HB 837 into law on March 24, 2023. The law impacts personal injury law for lawsuits filed after the signing date. The old comparative negligence process applies if your case was active before that date.

HB 837 converts Florida into a modified comparative negligence process. This includes a cap on damages. If the plaintiff is over 50% at fault, they cannot recover damages.

The new law also shortens the statute of limitations from four to two years. It also requires claimants to act in good faith by:

Furnishing information about their claim
Making demands on the insurer
Establishing deadlines for the case
Reaching a settlement

HB 837 changes the type of allowed medical expense evidence. It limits the amount paid for past, present, and future expenses.

There is a new section about the presumption against liability. This applies to injuries on multifamily residential property. Additional changes include the calculation of attorney fees.

Comparative Negligence Process

Your attorney will be working and negotiating under old or new comparative negligence law. Your filing date determines which law applies. For cases under the new law, your attorney must prove you are less than 50% at fault to prevent a case dismissal.

One way your attorney will fight a comparative negligence claim is with discovery. This may include photographs of the accident location, surveillance video showing the accident, eyewitness statements, medical records, accident reconstruction, and expert testimony.

By contacting an attorney immediately following the accident, they have the best chance of preventing the destruction of critical evidence.

Filing a Florida Comparative Negligence Claim

Navigating the legal system is difficult if you aren’t familiar with court rules, personal injury and negligence rules, and Florida Rules of Civil Procedure.

If you suffer a slip and fall or automobile accident, call Calil Law. We have experience navigating Florida comparative negligence law and its recent changes to negotiate the best settlement possible.

Breaking News