Until recently, Florida strictly followed a "pure comparative fault" system of liability. This means that the amount a claimant can recover in an action is reduced proportionately by the amount of contributory negligence attributable to them. So, unless you were deemed 100% at fault, you could recover damages in a personal injury matter in Florida.
Now, not so much. The Florida Legislature recently passed HB 837, which totally bars recovery of any damages in the event an individual is deemed 51% at fault.
Here's how it works now: 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 and or your injuries - 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.
However, if the investigation were to determine that you contributed 51% or more to the accident or your injuries, you wouldn't be able to recover anything for your damages or injuries.
Copyright © 2023 Erjavec Injury Law - All Rights Reserved.