In 2023, Florida moved from a pure comparative negligence rule to a modified one, and that has changed a lot about how personal injury compensation works out here in Fort Lauderdale, FL. Let’s explore the impact it has.
Personal Injury Compensation and Comparative Negligence
The Old Rule
Up until just 2023, the pure comparative negligence system allowed anyone to recover damages even if they were 99% responsible for an accident. Everyone’s damages would then be reduced by the same percentage as their fault, so if someone was 80% at fault, they would only receive 20% of their final award.
The New Rule
Since 2023, Florida has had a modified comparative negligence standard, which means that if a person is more than 50% responsible for an accident, they cannot get any damages at all. At less than 50%, they can recover compensation, but again, the damages are reduced by the same percentage as their fault. The only exception to this rule is for medical malpractice. With medical malpractice, the old rule still applies.
One other thing: under the old rule, you had four years to bring a claim. Now you only have two. It’s vitally important that you contact an attorney as quickly as possible after an injury to find out what your rights are and how to protect them.
How It Affects Your Fort Lauderdale, FL Case and Compensation
1. It Makes Insurance Companies Fight to Shift Blame
It can be really tough to deal with an insurance company under this new system. They have gotten very aggressive in arguing that an injured person should bear the majority of the fault. And if you do bear some fault, and that fault is anywhere close to 50%, they will ramp up their aggression in an attempt to avoid having to pay you anything at all. This means that having solid evidence, good expert analysis, and the help of a qualified lawyer is more important than it’s ever been in Florida.
2. It Can Still Reduce Your Award
Even if you are less than 50% at fault, you will still see a reduction in your compensation based on whatever percentage you are assigned. If you are 30% at fault, you can’t recover more than 70% of your total damages.
This means it’s important that you be able to prove what your true level of fault is and calculate the full value of your award. It can be trickier to calculate damages than the average person thinks. It’s not just a matter of totaling up your medical bills. There’s lots of other things that need to be considered, and if you leave anything out, it’s especially damaging to your total once the reduction percentage is applied. Your lawyer will make sure that everything gets calculated.
Talk With a Personal Injury Lawyer Today
An injury can turn your whole life upside down. Visit G. Reynolds Legal, PLLC in Pompano Beach for help anywhere in the area. We have recovered millions for our Florida clients and offer free consultations.
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