Florida’s Updated Comparative Negligence Law: What It Means for Accident Victims
By Anthony Jimenez, Esq.
Personal Injury Attorney – Florida
October 2025
•
6 min read
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Florida’s comparative negligence reform reshaped how accident claims are decided. Learn what the 2023 change means for your right to recover compensation.
To be direct, Florida’s personal-injury law has shifted in a way every driver, worker, and accident victim should understand. In 2023, lawmakers overhauled the comparative negligence standard — and that change determines how much compensation you can actually recover after an accident.
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The Old Rule
For decades, Florida followed a “pure” comparative negligence model: even if you were 90 percent at fault, you could still collect 10 percent of your damages. It was imperfect, but it was fair; responsibility was shared according to facts, not politics.
The New Standard
Under House Bill 837, Florida adopted a modified comparative negligence rule. Now, if you are more than 50 percent at fault, you recover nothing. One percent over the line, and your right to compensation vanishes.
For injury victims, that line is the difference between rebuilding your life and facing financial ruin. Insurance companies know it — and they use it.
What This Means for You
In practice, every statement you make after a crash matters. Every detail in the police report can be twisted to nudge your “fault” just past that 50 percent mark. That’s why early legal representation is essential.
At The Law Office of Anthony Jimenez, we investigate accidents with precision, challenge biased reports, and stand between you and insurers who seek to minimize your claim.
The Bigger Picture
This reform isn’t just about statutes; it’s about fairness. It’s about whether the justice system favors the powerful or protects the injured. And as long as I practice law in Florida, I intend to make sure it’s the latter.
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If you’ve been injured in a Florida accident, do not guess your percentage of fault. Call our office today for a free case evaluation.