How does Florida’s comparative negligence rule affect what I can recover?

Florida’s rule on shared fault changed significantly in 2023. Under the current version of Fla. Stat. § 768.81, Florida follows a modified comparative negligence standard with a 51% bar. This means that if you are found to be more than 50% at fault for your own injury, you are barred from recovering any damages. If you are found to be 50% or less at fault, you can still recover, but your damages are reduced by your percentage of fault — for example, a plaintiff found 30% at fault would have a $100,000 award reduced to $70,000. This is a major change from Florida’s prior “pure” comparative negligence system, and because the percentage of fault directly drives the outcome, it is often a central issue in personal injury mediation. (Note that medical malpractice cases are treated differently under the statute.)