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When someone is injured in an accident, whether it is a car accident, motorcycle accident, truck accident, pedestrian accident, bike accident, nursing home abuse, wrongful death accident, or any other accident, it may be challenging to determine who is at fault. Both sides may have some degree of responsibility.

Florida Changes the Comparative Fault Law

Florida Governor Ron DeSantis signed a tort reform bill, CS/CS/HB 837 (HB837), into law on March 24, 2023, making significant changes to how accident victims may be compensated.

What is Comparative Fault?

Under the doctrine of comparative fault, some states use the concept of “pure comparative fault.” Other states have enacted the concept of “modified comparative fault.” In 2023, Florida changed its comparative fault doctrine from “pure comparative fault” to “modified comparative fault.”

Pure Comparative Fault

Pure comparative fault allows a personal injury victim to recover some damages even if he/she is partially at fault in an accident. Juries decide the amount of fault, if any, that will be assigned to the accident victim (plaintiff) and the defendant. For example, if the plaintiff is determined to have suffered $1,000,000 in damages, and the jury determines that the plaintiff is 30 percent at fault, then the damages will be reduced by 30 percent to $700,000. Even if an accident victim is 99 percent at fault, they can still collect 1 percent of the damages.

Modified Comparative Fault

In modified comparative fault states, an accident victim will become ineligible to collect any damages if his/her fault hits a certain level. In some states, the level is 50 percent, in other states it is 51 percent. Florida now bars an accident victim from compensation recovery if he/she is more than 50 percent responsible for his/her injuries in a personal injury case. (This excludes cases based on medical malpractice.)

Florida’s change in handling comparative fault makes it even more important that accident victims seek the services of an experienced personal injury attorney like Spivey Law Firm, Personal Injury Attorneys, P.A.

Florida Personal Injury Attorney Fights for the Rights of Accident Victims

The changes in Florida’s comparative fault law make some personal injury cases more challenging. This is why it is so important to hire the right attorney who is willing and able to litigate a client’s case. We recommend that accident victims contact Spivey Law Firm, Personal Injury Attorneys, P.A. 24/7 immediately after the accident. We aggressively fight for the rights of accident victims and are experienced in handling cases under Florida’s new modified comparative fault law.

Attorney Randall Spivey is a Board-Certified Civil Trial Attorney. Only 1 percent of the lawyers in Florida are board-certified in Civil Trial Law. Certification is the highest level of recognition by the Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

When accident victims retain trial-experienced attorneys, they get attorneys who are familiar with the process of presenting personal injury cases dealing with arguments over comparative fault law.

Attorney Randall Spivey has repeatedly been named to the Super Lawyers Top List by Florida Super Lawyers magazine as an attorney who has attained a high degree of peer recognition and professional achievement. Attorney Spivey has also been recognized as the National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers in Florida. This is an honor only a select group of lawyers achieve for their superior skills and qualifications. The National Trial Lawyers is a professional organization comprised of premier trial lawyers from across the country.

If you or a loved one has been injured because of the negligence of another, please contact Spivey Law at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com. There are no costs or attorney fees until Spivey Law receives a monetary recovery for you.