In March 2023, the Florida legislature passed major tort reform legislation through House Bill 837. Among its many changes, one of the most impactful is how fault and compensation are handled in negligence cases. At Licznerski Law, PLLC, we believe it’s critical for injury victims to understand these changes and how they may affect the outcome of a personal injury claim in Florida.
From Pure to Modified Comparative Negligence
For decades, Florida followed a “pure comparative negligence” system. Under that rule, an injured person could still recover damages even if they were mostly responsible for the accident. For example, someone found to be 90 percent at fault could still recover 10 percent of their damages from the other party.
That approach has now changed. Florida has adopted a “modified comparative negligence” standard. Under the new law, if a person is found to be more than 50 percent responsible for an accident, they are barred from recovering any damages. If they are 50 percent or less at fault, they can still recover compensation, but their award will be reduced by their percentage of fault. This change applies to most negligence cases filed on or after March 24, 2023. An important exception exists for medical malpractice cases, which remain under the old pure comparative negligence rule.
Why This Change Matters
The shift to a modified system has serious implications for anyone injured in an accident. The possibility of being denied compensation entirely is now very real if you are found to bear more than half the blame. Even smaller percentages of fault can significantly reduce your recovery, so the allocation of fault becomes one of the most critical aspects of your case.
Insurance companies and defense attorneys are aware of this change and will be more aggressive in arguing that an injured person shares the majority of the fault. As a result, evidence gathering, witness statements, and expert analysis are more important than ever in building a strong case.
What Injury Victims Should Do
In light of the new rule, it is essential to act quickly after an accident. Thorough investigation and documentation are key. Photographs, video footage, witness accounts, and professional reconstructions can all make a difference in determining how fault is divided.
It’s also important to understand that the new law reduced the statute of limitations for general negligence cases from four years to two years. That means you now have less time to file your claim, and waiting too long could bar your right to recovery entirely.
Finally, make sure you have experienced legal representation. With insurers pushing harder to assign blame, having a knowledgeable attorney on your side can protect your interests and help you pursue the compensation you deserve.
A Practical Example
Imagine a client injured in a car crash who suffers $200,000 in damages. If that client is found 40 percent at fault, they would still recover 60 percent of their damages, or $120,000. However, if the client is found 55 percent at fault, they would be barred from any recovery under the new rule. This small difference in fault can completely change the outcome of a case.
Relevance to DUI, Pool, and Premises Liability Cases
At Licznerski Law, PLLC, we frequently represent clients in cases involving DUI accidents, pool injuries, and premises liability claims. These cases often involve disputes over shared fault. For example, a pool company might claim that a homeowner failed to supervise guests properly, or a property owner might argue that a visitor ignored warning signs. In DUI cases, an insurer might try to argue that the injured party’s behavior contributed to the crash.
Under the new comparative negligence system, these arguments can make or break a case. That’s why our firm focuses on gathering evidence early and building a clear record that protects our clients from unfair fault allocations.
Conclusion
The transition from pure to modified comparative negligence represents one of the most significant changes in Florida personal injury law in decades. Fault now matters more than ever — both in how much you can recover and whether you can recover at all.
At Licznerski Law, PLLC, we stay ahead of these legal changes so our clients don’t have to. If you or someone you know has been injured in an accident, contact our office for a free case review. We’ll evaluate your situation, explain how the new law affects you, and fight to ensure you receive the compensation you deserve.