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What does the new Florida "comparative fault" law mean for my injury lawsuit?

Florida Governor Ron DeSantis signed into law on March 24, 2023 a tort reform bill which introduced far-reaching changes to the legal landscape. One of the most significant changes was the shift to a comparative negligence system to handle shared fault issues for a personal injury claim.

Under the new modified comparative negligence system in Florida, individuals will be barred from compensation recovery if they are more than 50% responsible for causing their own injuries. Put simply, any person more than 50% responsible for their injuries will be unable to obtain compensation. Please note that this does not apply to claims based on medical negligence.

Individuals 50% or less responsible for causing their own injuries will recover compensation for their losses, but they may not recover complete compensation. The total amount of compensation a person receives will be reduced depending on their percentage of fault, as determined by a jury.

How were things before?

Before these recent changes in Florida law, Florida was under a pure comparative negligence system, which allowed parties to recover compensation for their injuries even if they were up to 99% at fault for the incident. Similar to a modified comparative negligence system, individuals will receive reduced compensation depending on their percentage of fault.

While these changes may make recovery more challenging, the right attorney can still get you the compensation you deserve.


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