© Copyright Acquisition International 2026 - All Rights Reserved.

Article Image - How Comparative Negligence is Quietly Gutting Injury Lawsuits in Florida
Posted 11th July 2025

How Comparative Negligence is Quietly Gutting Injury Lawsuits in Florida

In early 2025, an Orlando woman filed a personal injury lawsuit after suffering a serious spinal injury outside a retail store. She’d slipped on a wet surface near the entrance, no warning signs in sight. But during the trial, the defense argued she was distracted by her phone, and the jury agreed: she was 60% […]

Mouse Scroll AnimationScroll to keep reading

Let us help promote your business to a wider following.

How Comparative Negligence is Quietly Gutting Injury Lawsuits in Florida

In early 2025, an Orlando woman filed a personal injury lawsuit after suffering a serious spinal injury outside a retail store. She’d slipped on a wet surface near the entrance, no warning signs in sight. But during the trial, the defense argued she was distracted by her phone, and the jury agreed: she was 60% at fault. Under Florida’s current comparative negligence law, that meant she got nothing.

No settlement. No recovery. Just medical debt and a life permanently changed.

Unfortunately, this story isn’t an outlier; it’s the new norm. Since Florida’s tort reform took effect in 2023, injury victims are discovering just how easy it is to lose their right to compensation under a system that now punishes shared fault far more severely than before.

Florida’s Comparative Negligence System, Radically Changed

Until recently, Florida followed what’s known as pure comparative negligence. That meant even if a plaintiff was 90% at fault for an accident, they could still recover the remaining 10% in damages. The idea was to make sure no one walked away empty-handed if someone else also bore some responsibility.

That all changed on March 24, 2023, when House Bill 837 took effect. The state replaced its old model with a modified comparative negligence rule, and it came with a hard line: if a plaintiff is found more than 50% at fault, they’re completely barred from recovering anything.

Let’s be clear, this is not a subtle tweak. It’s a fundamental shift in how fault is treated and how cases are decided.

To make matters worse, the statute of limitations for negligence claims was also slashed in half, from four years to two. That gives injured people less time to gather evidence, assess their options, and file a claim before their case is tossed out for being late.

Florida Joins the Majority, But Goes Further

With this move, Florida aligns with the majority of U.S. states that use some form of modified comparative negligence. But few enforce the 50% rule with the same level of finality.

According to the American Bar Association, most states cut off recovery at either 50% or 51%. Florida chose the stricter version, the one where being just a fraction over the line results in zero compensation.

How This Plays Out in Real Life

Here’s a simplified example, just to underscore the stakes:

  • You suffer $100,000 in damages.
  • If you’re found 30% at fault, your award is reduced to $70,000.
  • If you’re found 51% at fault? You get zero.

Now imagine an insurance adjuster who knows that magic number. Their goal is clear: push your fault just over that threshold, by a percentage point, so they don’t have to pay.

Defense attorneys, unsurprisingly, have picked up on this quickly. In car accident cases, even something as minor as failing to signal or not braking early enough is now framed as a serious lapse. In slip and fall claims, they argue footwear, distraction, or inattention. And in premises liability suits, the narrative often becomes: “The hazard was obvious, why didn’t they avoid it?”

In other words, every detail is now weaponized.

The New Legal Landscape for Injury Victims

So, what does this mean for the average person in Florida who gets hurt and wants to hold someone accountable?

Here’s what they’re up against:

  • A two-year deadline to file a claim, blink and it’s gone.
  • The 50% rule, which ends your case if the defense can nudge fault just slightly in your direction.
  • Insurance companies, emboldened by the new system, often refuse to settle at all.
  • Attorneys are becoming more selective, sometimes turning down valid claims they would’ve accepted just a couple of years ago.

Even more confusing: not all types of claims follow the new standard. Medical malpractice cases, for now, still operate under the old “pure” comparative negligence rule. That split adds another layer of complexity for both lawyers and clients.

Why Legal Strategy Matters More Than Ever

In this post-HB 837 era, winning a personal injury case in Florida isn’t just about proving harm; it’s about defending your percentage of fault from the very start.

That’s why early legal strategy is no longer optional; it’s essential. The burden is now on plaintiffs to prove not only that the defendant did something wrong, but also that they didn’t do too much wrong.

That means:

  • Writing down everything on the spot, such as photos, victims’ and witnesses’ names, accident reports, and timelines.
  • Resisting early blame, particularly in the moment of trauma, when so many react by apologizing or admitting fault.
  • Hiring a legal firm that knows how insurers are changing tactics and can construct a case that can anticipate any counterattacks.

If you’re considering litigation under Florida’s new rules, you’ll want to understand the steps to file a personal injury lawsuit in Florida to stay ahead of procedural and strategic pitfalls.

The Bigger Picture: Accountability vs. Barriers

Its proponents argue that it will weed out frivolous cases and reduce litigation costs. But come on: those who are going to be most impacted by these changes aren’t the system players; they’re the ones navigating it for the first time, hurt, overwhelmed, and out of a job.

When a human being loses it all because they were “51%” responsible for a dangerous circumstance another human could not fix, we need to ask ourselves: Is that justice, or just mathematics?

Final Thoughts

Florida’s new comparative negligence law has reshaped personal injury litigation in ways many residents don’t yet fully realize. What used to be a more forgiving, proportional system has become a high-stakes calculation, where a few percentage points can erase a victim’s right to recover.

If you’ve been injured, it’s not enough to have a valid claim; you need to know exactly how fault will be evaluated, how quickly you need to act, and how to protect your case from the moment it begins.

Because in this legal environment, the smallest misstep could mean walking away with nothing.

Categories: Legal, News


You Might Also Like
Read Full PostRead - Eye Icon
Global Mobility & Immigration: The 2016 Top 50 Most Innovative Companies
Innovation
03/06/2016Global Mobility & Immigration: The 2016 Top 50 Most Innovative Companies

New Zealand Services is a boutique agency based in Auckland providing a comprehensive suite of services to clients.

Read Full PostRead - Eye Icon
How to Choose the Right Managed IT Services Provider
News
08/11/2021How to Choose the Right Managed IT Services Provider

In today’s highly competitive market, businesses owners like you should look for ways to streamline their operations and maximize productivity. Since your organization can’t operate without technology, networks, and digital data, having a functional and up

Read Full PostRead - Eye Icon
Can Automation Help to Eradicate Human Error in the Workplace?
Innovation
27/09/2022Can Automation Help to Eradicate Human Error in the Workplace?

Each day, businesses across the country handle countless transactions and obtain vast amounts of data. Unfortunately, while processing and utilizing this data, the opportunity for human error is high. These mistakes can be costly.

Read Full PostRead - Eye Icon
The Business Case for Better UK Paternity Laws
Legal
17/07/2024The Business Case for Better UK Paternity Laws

It’s no secret that more and more of us are choosing not to have children. The UK birth rate has declined to the lowest levels in over a decade, while the average age of parents has hit a record high.

Read Full PostRead - Eye Icon
Riverbed: SD-WAN’s Latest Innovator
Innovation
05/12/2016Riverbed: SD-WAN’s Latest Innovator

Riverbed is a leading technology provider which supports applications, websites, networks, data centers, the cloud, and remote offices to work more efficiently.

Read Full PostRead - Eye Icon
Do I Need Customer Services For My Company?
News
27/07/2021Do I Need Customer Services For My Company?

If your business doesn't have the resources to handle customer services, outsourcing to another company could be a good idea. Read on to find out more.

Read Full PostRead - Eye Icon
2016’s Alternative Investment Top Twenty-Five – Japan
Finance
01/11/20162016’s Alternative Investment Top Twenty-Five – Japan

First established in April 2005, Stats Investment Management Co., Ltd. is a hedge fund manager based in Japan specialising in managing Japanese equity long/short strategies.

Read Full PostRead - Eye Icon
How much are companies spending on employee breaks?
Leadership
12/07/2019How much are companies spending on employee breaks?

Keeping a close eye on your companies’ finances is an important role – but do you know how much your employees are costing you when there taking a break? Inn Supplies, leading supplier of paper coffee cups, looks in detail at the costs:

Read Full PostRead - Eye Icon
Future-Proofing Business Strategies with Dynamic Board Portal Solutions
News
22/01/2024Future-Proofing Business Strategies with Dynamic Board Portal Solutions

Businesses that refuse to adapt will lose customers and go out of business —that’s the standard from time immemorial but it happens faster in the fast-moving modern business world. But how can heads of businesses survive this constantly shifting co



Our Trusted Brands

Acquisition International is a flagship brand of AI Global Media. AI Global Media is a B2B enterprise and are committed to creating engaging content allowing businesses to market their services to a larger global audience. We have a number of unique brands, each of which serves a specific industry or region. Each brand covers the latest news in its sector and publishes a digital magazine and newsletter which is read by a global audience.

Arrow