Q: WHAT IS FLORIDA'S MODIFIED COMPARATIVE FAULT RULE IN NEGLIGENCE CASES?

When seeking a personal injury lawyer in Florida, understanding the nuances of Florida's legal framework is crucial, particularly regarding the new modified comparative fault rule, which went into effect in March 2023. This rule plays a vital role in determining how damages are awarded in personal injury cases in Florida.

What is Modified Comparative Fault?

Florida operates under a modified comparative fault standard, which means that if a party is found to be partially responsible for their injuries, their compensation will be reduced by their percentage of fault. This rule is codified in Florida Statutes § 768.81. Unlike pure comparative fault systems, under which a victim can recover damages even if they are 99% at fault, Florida’s rule stipulates that a party cannot recover damages if they are found to be more than 50% responsible for their injuries.

How Does it Work in Practice?

Consider a hypothetical scenario: Imagine a car accident where Driver A runs a red light and collides with Driver B, who was speeding. After an investigation, it is determined that Driver A was 60% at fault and Driver B was 40% at fault. If Driver B incurred $100,000 in medical expenses and damages, their potential recovery will be reduced by 40% due to their own negligence. Therefore, Driver B would recover $60,000.

This system incentivizes all parties to practice safe behavior, as being more than 50% at fault bars recovery entirely. It underscores the importance of gathering solid evidence and clear documentation in any personal injury case.

Consult with an Experienced Personal Injury Attorney

Florida's modified comparative fault rule is a significant factor in personal injury cases that can impact the outcome of claims. Victims must be aware of their level of fault and how it will affect their ability to recover damages. For this reason, consulting with an experienced personal injury lawyer can aid individuals in effectively pursuing their claims while understanding their rights and obligations under Florida law.

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1. Florida Statutes § 768.81 - Comparative Fault; http://www.leg.state.fl.us

2. “How is Fault Determined in Florida Personal Injury Claims?” The National Trial Lawyers, (2023).