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Florida’s injury law has undergone significant changes, and these changes now impact how fault and compensation are determined after an accident. Comparative negligence in Florida determines how responsibility is divided between parties, and it now follows a stricter framework that can completely block recovery in certain situations. Under this updated approach, compensation is reduced by a person’s percentage of fault, and recovery is completely barred once fault exceeds fifty percent. The rule took effect on March 24, 2023, with the passage of House Bill 837, and applies to cases filed after that date. As a practical example, someone found forty percent responsible for an accident involving $100,000 in damages could still recover $40,000, representing the share not attributed to their actions.
That shift makes early legal guidance essential, especially when insurance carriers move quickly to assign blame. Anyone speaking with a Boca Raton Personal Injury Lawyer should understand how these rules apply before accepting fault statements or settlement offers. We approach these cases with a careful, evidence-driven strategy at Hersh Kirtman.
Your Healing Starts With Justice
Florida previously allowed injured individuals to recover damages even when they carried most of the blame. That is no longer the case. Under the current framework, fault is capped in a way that directly affects eligibility for compensation. According to Florida House of Representatives House Bill 837, the Legislature replaced the prior pure comparative fault system with a modified comparative negligence framework that bars recovery when an injured party is found to be more than fifty percent responsible. This adjustment reflects a broader legislative effort to limit liability exposure in civil claims, while placing a heavier burden on injured individuals to prove fault distribution accurately.
Fault determinations now carry higher stakes. Investigators, insurers, and defense counsel examine actions taken before and during an incident, including speed, distractions, safety choices, and compliance with local regulations. Each party is assigned a percentage that must total 100%. That percentage directly reduces any potential award. In comparative negligence Florida cases, even slight shifts in responsibility can dramatically alter the financial outcome, which is why detailed documentation and witness statements play a critical role from the outset.
Medical malpractice claims follow a different statutory structure. Florida law carved out an exception allowing injured patients to pursue damages even when their share of fault exceeds the general threshold. According to Florida Statutes section 768.81, Comparative Fault, Fla. Stat. § 768.81, medical negligence claims are treated differently under Florida law, allowing recovery even when a claimant’s percentage of fault exceeds the general threshold applied in other personal injury cases. This distinction highlights why case type matters when evaluating fault exposure.
Crossing the fifty percent line has serious consequences. Once that threshold is reached, recovery is eliminated regardless of injury severity or financial losses. Insurance companies are well aware of this leverage point and often focus their efforts on pushing fault assessments just past that mark. Understanding how comparative negligence in Florida applies can help prevent missteps that unintentionally weaken a claim before it has fully developed.
Personal Injury Lawyers in Boca Raton At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
Your Recovery is Our Mission.
Let’s Make It Happen.
Insurers often rely on early statements, partial evidence, or rushed evaluations to shift blame. In the earliest stages of a claim, adjusters frequently begin shaping a narrative around shared responsibility before all facts are fully developed. Casual remarks made at the scene, gaps in medical treatment, or assumptions drawn from a police report can later be used to inflate fault percentages and weaken an otherwise valid claim.
Recorded calls, social media activity, and incomplete accident reports are standard tools used to inflate fault percentages. Our role is to challenge unsupported conclusions, preserve evidence, and present a straightforward narrative supported by facts. By controlling the flow of information and addressing liability issues head-on, we work to protect compensation opportunities even in complex fault scenarios.
Taking action early can make a measurable difference in how fault is assigned and how damages are calculated. A clear strategy, timely investigation, and informed guidance help protect your position under Florida’s current negligence framework.
To discuss how these rules apply to your situation, connect with Hersh Kirtman at 561.208.3700.
In addition to serving clients in Boca Raton, our personal injury attorneys represent injured individuals throughout South Florida. We regularly handle cases for clients in Boynton Beach, Coconut Creek, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Lake Worth, Miami, and across Palm Beach County. Our practice also extends to Parkland, Plantation, Pompano Beach, Sarasota, Sunrise, and Tamarac. No matter where your accident occurred, our team is equipped to navigate Florida’s modified comparative negligence rules and pursue the compensation you deserve.
Founding Partner A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories. Years of experience – Over 15 years
Michael Hersh
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
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