Understanding Comparative Negligence in Florida Personal Injury Cases

In personal injury cases, determining who is at fault is crucial for assessing liability and awarding damages. One legal concept that comes into play in such cases is comparative negligence, which essentially means that fault is determined as a shared responsibility among the key players involved in the event that caused harm. Florida comparative negligence laws went through major changes in March 2023 that have rattled the legal landscape. In this blog, we will unpack the concept of comparative negligence in personal injury cases along with the impact of the newly enacted House Bill (HB) 837.

Understanding Comparative Negligence and its Implications

Comparative negligence is a legal concept that helps determine who is responsible and how much they are responsible for in an accident or injury case. It recognizes that sometimes more than one party involved may have contributed to the incident in some way. Instead of placing all the blame on one person, comparative negligence considers the actions of everyone involved and assigns a percentage of fault to each party. This means that if you are partially responsible for an accident, your compensation may be reduced based on the percentage of your fault. For example, if you are found to be 30% at fault, your compensation will be reduced by 30%. Comparative negligence helps ensure fairness by taking into account the actions of all parties involved in an accident or injury. 

Here are some examples of how comparative negligence works:

• Medical Malpractice: In a medical malpractice lawsuit, it may be determined that the patient was 20% at fault for not disclosing a pre-existing condition, while the healthcare provider was 80% at fault for a surgical error. The patient’s award would be adjusted to account for their 20% comparative negligence.
• Slip and Fall: A slip and fall case finds that the plaintiff was 50% at fault for not paying attention to a wet floor sign, while the property owner was 50% at fault for failing to clean up the spill. The plaintiff’s damages are then reduced by 50% based on comparative negligence.
• Car Accident: In determining fault for a car accident, a jury finds that the plaintiff was 30% at fault for not wearing a seatbelt, while the defendant was 70% at fault for running a red light. As a result, the plaintiff’s compensation is reduced by 30% due to comparative negligence.

Until recently, Florida operated under a pure comparative negligence system, which meant that even if an injured party was found to be 99% at fault, they could still recover the remaining 1% of damages from the other party. However, Florida comparative negligence laws changed significantly on March 24, 2023, by replacing the pure comparative negligence system with a modified comparative negligence system. 

How Does HB 837 Impact Comparative Negligence in Florida?

States across the United States operate under widely different comparative negligence systems, with a modified comparative negligence system being more common than the pure comparative negligence system that Florida previously subscribed to. 

This new system brings about important adjustments in personal injury cases. Under the modified framework, a plaintiff’s recovery is still directly tied to the percentage of responsibility assigned to the defendants, but there is a new stipulation: If the plaintiff is found to bear more than 50 percent of the liability, then they are unable to recover from the defendant(s). Additionally, the statute of limitations has been reduced, with the time window for filing a negligence action decreasing from four years to two years. 

There is an exception to this for claims related to personal injury and wrongful death caused by medical negligence; these claims still adhere to the pure comparative negligence standard with the statute of limitations for these specific claims remaining unchanged at two years.

The introduction of HB 837 has significantly impacted the application of comparative negligence in Florida. By adopting a modified comparative negligence system and modifying the statute of limitations, the state has seriously limited the rights of injured plaintiffs in personal injury cases. It is important that injured plaintiffs understand these changes to navigate the legal landscape effectively following a personal injury.

Do You Need Legal Assistance for a Serious or Personal Injury Claim? Avera & Smith Can Help

Recovering from a serious or personal injury is extremely challenging; get the support that you need by engaging one of our caring, experienced attorneys. Our team of skilled legal experts at Avera & Smith is ready to help you navigate the intricacies of Florida comparative negligence laws. Our team of skilled attorneys is well-versed in the recent changes brought about by HB 837 and can provide the expertise needed to protect your rights and pursue the compensation that you deserve. Contact us today to schedule a free consultation and let us help fight for justice in your claim. We have been trusted to represent Gainesville residents for 70+ years. Why settle for less?