Many people assume that if they had even a small role in causing an accident, they can’t recover any compensation. That’s not true—at least not in Florida. Thanks to Florida’s comparative negligence law, you may still be entitled to damages, even if you were partially at fault.
At Darfoor Law Firm, we help injury victims understand their rights, sort through the details, and fight for every dollar they’re owed—regardless of fault percentages.
What Is Comparative Negligence?
Comparative negligence is a legal rule that allows both parties to share fault in an accident. In Florida, this means you can recover compensation as long as you’re not more than 50% at fault for the accident (as of the 2023 legislative update).
Your compensation, however, will be reduced by your percentage of fault.
Example Scenario
Let’s say you’re injured in a car accident, and the court determines:
- The other driver was speeding
- You failed to signal your turn
The court finds the other driver 70% at fault, and you 30% at fault.
If your total damages were $100,000, you would still receive $70,000—your amount reduced by your share of the blame.
How Fault Is Determined
Fault is decided through:
- Police reports
- Eyewitness statements
- Surveillance footage
- Expert analysis (e.g., accident reconstruction)
- Testimony and evidence presented in your case
Insurers will often try to assign you more blame than you deserve to lower your payout—that’s why legal representation is critical.
Common Cases Where Shared Fault Arises
Comparative negligence comes into play in many types of personal injury cases:
- Car accidents (e.g., both drivers violated traffic rules)
- Slip and fall injuries (e.g., the property was unsafe, but the injured person wasn’t paying attention)
- Pedestrian accidents (e.g., crossing outside of a crosswalk)
- Bicycle accidents (e.g., cyclist not using proper signals)
Even in medical malpractice or product liability cases, fault may be disputed.
Why You Still Need a Lawyer
If the other party’s insurance company knows you share fault, they’ll try to:
- Lowball your settlement
- Blame you entirely
- Delay or deny your claim
At Darfoor Law Firm, we investigate the facts, push back on unfair blame, and negotiate aggressively to maximize your compensation—even if you’re partially at fault.
Final Thoughts
Fault is rarely black and white. Florida’s comparative negligence law recognizes that—and so should you. Don’t let fear or confusion stop you from pursuing justice. If someone else contributed to your injury, you have a right to be compensated.
Think you were partly at fault in your accident?
Let us review your case for free. Contact Darfoor Law Firm today and find out how much your case may still be worth.
