Florida Comparative Negligence Explained: The 50% Bar (HB 837)

By Kaiser Romanello, P.A. — Florida personal injury attorneys · Last updated September 2026

What Is Comparative Negligence?

In most injury cases, more than one person may share some blame for what happened. Comparative negligence is the rule that decides what happens to your compensation when you are partly at fault. Instead of an all-or-nothing outcome, a jury assigns each party a percentage of responsibility, and the injured person's award is adjusted accordingly.

The key question in Florida today is not just how much fault you carry, but whether it crosses the 50% line — because that line now decides whether you can recover at all.

How HB 837 Changed Florida Law in 2023

For decades, Florida was a pure comparative negligence state. That meant an injured person could recover damages even if they were mostly at fault — someone 90% responsible could still collect 10% of their damages.

This was one of the most significant changes in the 2023 tort-reform package (which also cut the injury statute of limitations from four years to two). For injured Floridians, it raised the stakes of the fault fight: the other side now has a powerful incentive to push your share of blame past 50% so it owes nothing.

Which rule applies to your case? The 50% bar applies to claims that accrued on or after March 24, 2023. If your accident happened before that date, Florida's earlier "pure" comparative negligence rule generally still governs your claim. Because timing controls which standard applies, it is worth confirming with an attorney.

How the Math Works — A Simple Example

Say your total damages (medical bills, lost wages, pain and suffering) are found to be $100,000. Your fault percentage determines what you actually recover:

That last line is why fault percentage is often the most heavily contested issue in a Florida injury case — a few points can be the difference between a full recovery and nothing.

Common Fault Scenarios in Florida

Fault is decided on the specific facts, but these everyday situations show how comparative negligence tends to play out:

• Rear-end collision with a sudden stop. The rear driver is usually assigned most of the fault, but if the lead driver stopped abruptly for no reason or had broken brake lights, a share of fault may shift to them.
• Left-turn collision. A driver turning left across traffic is often presumed at fault, yet an oncoming driver who was speeding or ran a light can be assigned a meaningful percentage.
• Pedestrian outside a crosswalk. A pedestrian crossing mid-block may carry some fault, but a driver who was distracted, speeding, or failed to yield can still bear the larger share.
• Rideshare or multi-car pileup. Fault may be divided among several drivers (and, in a rideshare crash, potentially the company's coverage), with each assigned a percentage.

In each of these, the other side's insurer has a financial incentive to argue your share is higher — which is why the evidence gathered early often decides the outcome.

Important Exceptions and Notes

• Medical malpractice. The 50%-bar in §768.81 does not apply to medical negligence claims, which remain governed by their own comparative-fault rules.
• PIP is separate. Your own Florida no-fault PIP benefits ($10,000, paying 80% of early medical bills and 60% of lost wages) are paid regardless of fault — but you must treat within 14 days to keep them. Comparative negligence affects your claim against the at-fault party, not your PIP.
• Fault is decided by the jury. Percentages are not fixed by a formula — they are argued through evidence and decided by the finder of fact, which is exactly why how a case is investigated and presented matters.
• Multiple defendants. When several parties are at fault, each can be assigned a share, which affects how much each pays.

Why This Matters for Your Claim

Under the current rule, insurers routinely try to shift blame onto the injured person — arguing you were speeding, distracted, jaywalking, or "should have seen it." Every percentage point they can pin on you reduces what they pay, and pushing you past 50% erases your claim entirely. That is why documenting the scene, preserving evidence quickly, and building the liability case carefully are so important after any Florida accident.

How to Protect Your Recovery

• Do not admit fault at the scene or to an adjuster — even a casual "I'm sorry" can be used against you.
• Photograph everything — vehicles, positions, road conditions, signals, and injuries — before anything is moved or cleared.
• Get the police report and witness information; independent witnesses are powerful on the fault question.
• Decline recorded statements to the other insurer until you have spoken with an attorney.
• Preserve evidence quickly — dashcam and surveillance video can be overwritten within days.
• Get medical care promptly — gaps in treatment are used to dispute both injury and fault.

Comparative Negligence FAQ

Questions About Fault in Your Florida Injury Case?

If an insurer is trying to blame you for your own injuries, it is worth a free, confidential conversation before you accept anything or give a recorded statement. Kaiser Romanello, P.A. handles Florida injury claims on a contingency fee — no fee unless we win.

Call or text: (844) 877-8679  ·  Email: info@injurymatters.com
Related reading: Florida car accident claims · the PIP 14-day rule · Stacked UM coverage explained.