What Is Contributory Negligence in Florida?

Florida is among the majority of states that enforce contributory negligence laws. These laws determine how much compensation a victim can claim in personal injury cases.

Understanding contributory negligence in Florida can get complicated. But anyone injured in an accident caused by someone else’s negligence must understand this rule.

We’re bringing you this guide to help you do just that. Read on to learn more about Florida contributory negligence rules, comparative fault, and their connection.

If you are still confused after reading this article, don’t hesitate to speak with a slip and fall attorney in Miami. A personal injury expert can help you understand your rights after getting injured in an accident.

Comparative Fault and Contributory Negligence in Florida

Recent changes to tort law statutes in Florida have updated comparative negligence rules in car accidents and other personal injury cases. Previously, Florida was a pure comparative negligence (or comparative fault) state.

In a pure comparative negligence state, injured victims of someone else’s negligence could sue for damages even if they were 99% at fault for the accident. Now, Florida will follow a modified comparative negligence rule.

Modified comparative negligence requires plaintiffs to be less than 51% responsible for the accident that caused their injury. They can’t sue for damages if their share of the fault is higher.

Plaintiffs can sue the negligent party as long as their share of the fault is less than 51%. However, the damages the judge or jury awards to the plaintiff will be reduced by their share of the blame. This is what’s known as contributory negligence.

Contributory Negligence Laws in Florida

Contributory negligence applies to states with pure and modified comparative fault rules. It means that a victim’s compensation from a personal injury lawsuit will be reduced by their share of the fault.

Let’s use an example. Say you got into an accident while Ubering home from a party. You forgot to put on your seatbelt, and the Uber driver caused an accident, leading to your injury.

In this case, a court may find you 39% at fault for the accident because you were not wearing a seatbelt. Meanwhile, the Uber driver is 61% at fault for the accident because he was driving over the speed limit before the wreck.

You can still file a lawsuit since your share of fault is below 51%. Let’s say you do that and win $100,000 for your medical expenses. The judge will subtract your share of fault (31%) from the award, leaving you with $61,000.

Victims can only earn full compensation for their injuries if they have no share of the fault. Even being 1% responsible for the accident that caused your injury will reduce your ultimate award.

Florida Contributory Negligence FAQs

Before we go, we want to answer some of the most-asked questions about contributory negligence in Florida (e.g., is Florida a contributory negligence state?). Find the answers you’ve been searching for below.

Is Florida a Contributory Negligence State?

Yes, Florida is a contributory negligence state. When suing a third party for negligence, judges will also consider the victim’s share of fault. Victims found to be partially at fault for the accident can’t receive full compensation.

The reduction in compensation depends on the share of fault. For example, say a judge finds your share of fault to be 5%. In that case, your final compensation will be 5% less than if your share of fault was 0%.

What Is the Difference Between Contributory Negligence and Comparative Negligence in Florida?

Comparative negligence defines when a victim can file a personal injury lawsuit. Meanwhile, contributory negligence determines how much compensation the victim can expect to receive from the defendant.

There are three types of comparative negligence:

• Pure comparative negligence
• Modified comparative negligence
• Slight/gross comparative negligence

All three types of comparative negligence feature contributory negligence. The difference between each type is how much the victim’s share of fault can be to legally file a personal injury lawsuit.

What Is the New Negligence Law in Florida?

The new negligence law in Florida is known as House Bill (HB) 837. HB 837 made changes to multiple aspects of the state’s tort laws. Torts are legal cases where someone gets injured or harmed, and someone else is liable.

One of the most significant changes HB 837 made is to comparative negligence rules. Florida has long been a pure comparative negligence state. Under the new bill, it will now be a modified comparative negligence state.

States define modified comparative negligence differently. Some require the victim’s share of fault to be below 50%. In Florida and other states, the victim’s share of responsibility must be below 51%.

What Is the Statute of Limitations for Negligence Lawsuits in Florida?

The statute of limitations for a negligence lawsuit in Florida is two years. That means victims have two years from the date of the accident that caused their injury to file for damages against the other party.

If you are familiar with Florida’s personal injury laws, you may have noticed the Florida Statute of Limitations changed recently. The statute of limitations used to be four years for personal injury cases.

HB 837 also has to do with this change. It reduced the statute of limitations from four to two years. Unfortunately, this will make it more difficult for Florida victims to recover the compensation they deserve.

Need a Personal Injury Attorney in Miami?

Contributory negligence in Florida reduces a victim’s personal injury award by his percentage of fault in the accident. We hope this guide has shed some light on comparative and contributory negligence laws in Florida.

Do you need to file a personal injury lawsuit in Miami? Calil Law can help you file your case before time runs out. Contact Calil Law to schedule a free consultation and find out how much your claim could be worth.