Florida’s Comparative Fault Rule: You May Still Recover

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Many people assume that if they were partly responsible for a car accident, they cannot pursue compensation. In Florida, that’s not necessarily true.

Under Florida’s comparative fault rule, an injured person may still recover damages as long as they are not more than 50% responsible for the accident. However, the amount of compensation awarded will typically be reduced by the person’s percentage of fault.

Insurance companies often try to shift more blame onto the injured party to minimize what they have to pay. Because of this, determining how fault is assigned can have a major impact on the outcome of a claim.

If another person’s negligence contributed to your injuries, do not assume you have no case. Speaking with an attorney can help ensure the facts are properly evaluated and your rights are protected.