RESOURCES

Florida follows a "pure comparative fault" system of liability which is codified under Florida Statute 768.81.  This means that the amount a claimant can recover in an action is reduced proportionately by the amount of contributory negligence attributable to them.  This means that unless you are deemed 100% at fault, you may recover for damages in a personal injury matter in Florida.  

Here's an example: Let's say you're involved in a car accident on Fruitville Road in Sarasota, Florida.  Let's also say that after an investigation, it was determined that you contributed 30% to the accident--that you're 30% at fault.  If it is later determined that your injuries are worth $100,000.00 (either  by jury verdict or settlement negotiation), you would be able to recover $70,000.00, or $100,000.00 - $30,000.00 for 30% liability.  

So, in Florida, a driver may legally recover for their injuries even when they are deemed more at fault for the collision than the other driver.  This is very important to keep in mind when when an at-fault driver suffers severe injuries worth a significant amount of compensation.  For instance, in a reverse of the previous example, if the at-fault driver (deemed 70% at fault) suffers a brain injury that is ultimately determined to hold a value of $1,000,000.00, they would still be able to recover $300,000.00 for their injuries.  This is significant compensation, especially in light of the liability determination.