In Florida, even if you are partly at fault for an accident, you can still file a personal injury claim due to the state’s comparative negligence rule, which underwent a recent change in 2023.
Keep reading for more from our West Palm Beach personal injury lawyers. If you were hurt in an incident that wasn’t your fault, call us at (5610 655-1990 today.
Florida’s new comparative fault system
Florida transitioned from a pure comparative negligence system to a modified comparative negligence framework with Governor Ron DeSantis’s passing of CS/CS/HB 837 on March 24, 2023. This significant tort reform has redefined how fault and damages are assessed in personal injury cases across the state.
Under the new system, you can only recover damages if you are found to be 50% or less at fault for the accident. You cannot recover damages if you are more than 50% at fault.
Exceptions to the rule
The exception to this rule is for medical malpractice claims, where the old pure comparative negligence system still applies.
What was Florida’s old negligence system?
Previously, Florida operated under a pure comparative negligence system where a plaintiff could recover damages minus their percentage of fault, no matter how significant their share of the blame was.
Effective date for new negligence laws
The new law applies to claims filed on or after March 24, 2023. Claims filed before this date are subject to the previous system.
The process of claiming personal injury with partial fault
To claim personal injury in Florida, even if partially at fault, it’s essential to document everything related to the accident—such as photographs, witness statements, and medical reports. These documents can help establish the extent of your injuries and the details of the incident.
Relationship between partial fault and insurance in Florida
Insurance companies closely examine the fault in an accident to determine claim payouts. This scrutiny can reduce compensation if you’re found partially at fault. It’s crucial to have experienced legal representation, such as Lytal, Reiter, Smith, Ivey & Fronrath, to navigate these complex situations and help ensure that your insurance claims are handled fairly under Florida’s laws.
Why legal assistance is crucial
Navigating the complexities of comparative negligence can be challenging without legal expertise. Lytal, Reiter, Smith, Ivey & Fronrath can offer significant assistance in building a strong case, negotiating with insurance companies, and ensuring that your fault does not unjustly reduce your compensation.
Next steps and legal support
For more detailed guidance, connecting with Lytal, Reiter, Smith, Ivey & Fronrath can provide you with the expertise needed to navigate these complex legal waters effectively. For a free consultation or to learn more about how these changes may impact your claim, contact us at (561) 655-1990.
