Modified Comparative Negligence: How Florida’s Legislation Impacts Injury Claims

Florida’s modified comparative negligence law dramatically changes how courts handle personal injury claims in 2025. The new system bars anyone more than 50% at fault from recovering compensation. This is a major change from the earlier pure comparative model. Join us in unpacking what that means for injury victims and how Schwed Law Firm can help.

What Is Modified Comparative Negligence?

Florida once used a pure comparative negligence standard, allowing recovery even if a victim was 99% at fault. On March 24, 2023, House Bill 837 replaced it with a modified version. Now, injury victims recover damages only when they hold 50% or less of the fault. If their fault exceeds that threshold, the law bars any compensation.

Under this rule, if a person is 40% responsible for an accident and their damages total $100,000, they would receive $60,000. But if they are found even 51% at fault, they would receive nothing. This change reflects a nationwide trend towards modified comparative systems.

Why This Matters in Florida

This change to Florida’s modified comparative negligence law gives insurance companies and defense parties greater incentive to argue that an injury victim is primarily to blame. Even a small shift in fault percentage can eliminate eligibility for recovery.

Florida statute §768.81 gives us a clearer picture of how Florida allocates fault and damages. It states that if a party is more than 50% at fault for their own injuries, they cannot recover damages. It also details how courts apportion fault among different parties. In most negligence cases, the law limits joint and several liability, with exceptions for issues such as intentional misconduct.

Because of these rules, it’s more important than ever that injury victims document everything carefully—photos, witness statements, accident reports—and seek legal counsel early to help challenge these fault determinations.

Contact Schwed, Adams & McGinley

Thinking you might be at fault—or that insurers are over-assigning your responsibility? Don’t risk losing compensation. With over 200 years of combined experience in Florida personal injury law, the attorneys at Schwed, Adams & McGinley, P.A. specialize in navigating the complexities of modified comparative negligence. Whether it’s a car accident, slip-and-fall, or other injury-related claim, our team is here to protect your rights and maximize your recovery. We offer a free consultation. Contact us today at 877-694-6079 or email contact@schwedlawfirm.com.