What Is Comparative Negligence in Florida?
If you’ve been involved in a car accident, slip and fall, or other personal injury case in Florida, one of the most important legal concepts to understand is comparative negligence. This rule determines how compensation is awarded when more than one party shares fault for an accident—including you.
At St. Johns Law Group, we help injured individuals throughout St. Augustine and St. Johns County understand their rights and navigate the complexities of Florida personal injury law.
Florida’s Modified Comparative Negligence System
As of March 24, 2023, Florida follows a modified comparative negligence standard under HB 837. Here’s what that means:
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If you are 50% or less at fault, you can still recover damages—but your award is reduced by your percentage of fault.
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If you are found more than 50% at fault, you are barred from recovering any compensation.
This rule applies to most personal injury cases, including:
- 🚗 Auto accidents
- 🏍 Motorcycle crashes
- 🏢 Slip and fall (premises liability)
- 📦 Product liability cases
Real-Life Example: How It Works
Imagine you were injured in a car accident on US-1 in St. Augustine. You were speeding, but the other driver ran a red light. The court finds:
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You are 30% at fault
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The other driver is 70% at fault
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Your total damages are $100,000
Under Florida’s rule, you can still recover damages—but your award is reduced by 30%. So you’d receive $70,000.
If, however, you were found 51% at fault, you would receive nothing under the current law.
⚠️Why This Matters for Injury Victims
Insurance companies often try to shift as much blame onto you as possible to reduce or deny your claim. Even being slightly over the 50% threshold can eliminate your right to compensation entirely.
This makes it crucial to have a skilled personal injury attorney who can:
- 🔍 Investigate the facts
- 💬 Negotiate with insurers
- 📁 Build a strong case in your favor
👨⚖️ How St. Johns Law Group Can Help
At St. Johns Law Group, we bring local insight, aggressive advocacy, and compassionate client service to every case. We have a deep understanding of:
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Local traffic patterns and accident hotspots in St. Augustine
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How to work with local courts and insurance adjusters
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Building strong cases under Florida’s evolving legal standards
- Having trial experience
We fight to make sure fault is assigned fairly—and you get the compensation you’re entitled to.
What To Do If You’ve Been Injured in Florida
If you believe you may be partially at fault for an accident, don’t assume you can’t recover damages. Speak with a personal injury attorney first.
📌 Steps to take:
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Document everything (photos, witness info, reports)
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Get medical treatment right away
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Avoid giving recorded statements to insurers
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Contact a lawyer before signing anything
Schedule a Free Consultation Today
If you’ve been injured in an accident anywhere in St. Augustine or Northeast Florida, contact St. Johns Law Group to understand your legal options under Florida’s Comparative Negligence Rule.
🌐 Visit us at: www.sjlawgroup.com
📍 Located in St. Augustine, Florida
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