Can I Sue If I Was Partially at Fault for My Florida Accident?

One of the most common concerns injury victims have is: what if I was partially at fault? Many people assume that being even partially responsible for an accident bars them from recovering anything. In Florida, that is not entirely true — but the law recently changed in a way that makes it more important than ever to have an attorney.

Florida's Modified Comparative Negligence Law

As of March 2023, Florida adopted a modified comparative negligence system. Under this law, you can still recover compensation if you were partially at fault — but only if you were 50% or less at fault for the accident. If you are found to be more than 50% responsible, you are barred from recovery entirely.

Your compensation is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 30% at fault, you would recover $70,000.

Why This Change Matters

Before 2023, Florida used a pure comparative negligence system that allowed recovery even if you were 99% at fault. The new law makes the determination of fault percentages absolutely critical. Insurance companies will aggressively argue that you were more than 50% responsible in order to eliminate your claim entirely.

Do Not Accept the Insurance Company's Fault Assessment

Insurance adjusters are not neutral fact-finders. They are motivated to assign as much fault to you as possible. An experienced attorney will investigate the accident thoroughly, gather evidence, consult accident reconstruction experts if necessary, and fight to ensure fault is assigned fairly.