Anyone who’s been injured in a crash caused by the negligence of another party might opt to seek compensation. Each state has its own laws about how fault will play a role in what can happen.
As of March 24th, 2023, Florida made significant changes to how fault is handled in personal injury cases. The state now uses a modified comparative negligence standard that has a 51% bar. This shift could make a big difference in how much compensation the injured party can receive, or if they even receive anything at all.
What does this mean?
Under the new rule, any individual who is more than 50% at fault for their own injury can’t recover any damages. If they’re 50% at fault or less, they can still recover compensation. In that case, the damages they receive would be reduced in proportion to their percentage of the blame.
For example, if the court awards $100,000 in damages but finds that the injured party was 40% responsible, the injured party will only receive $60,000. If the court found they were 51% responsible, they wouldn’t be able to recover anything.
For injured victims, this puts a significant burden on them to prove that someone else is primarily at fault for the crash. It gives insurers and defendants more incentive to argue that the injured party has the majority of the blame. Even small shifts and perceived faults could result in significant losses for the victim.
Any victim who suffered an injury that’s the result of someone else’s negligence should learn about their options. Working with someone familiar with these matters may be beneficial, so they can assist with getting evidence, witness statements and expert opinions together for the case.