© Copyright Acquisition International 2025 - 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: News


You Might Also Like
Read Full PostRead - Eye Icon
Looking For Your Next Career Step as a Nurse Practitioner?
News
24/05/2023Looking For Your Next Career Step as a Nurse Practitioner?

After the Covid-19 pandemic, it’s become clearer than ever that medical professionals are the backbone of our society, whether we’re in the middle of a national health crisis or not.

Read Full PostRead - Eye Icon
Enhanced Contact Center Integration: The Fuel for Stellar Customer Experience
Corporate Social Responsibility
07/06/2023Enhanced Contact Center Integration: The Fuel for Stellar Customer Experience

In the digital era, contact centers are more than just call hubs. They have transformed into multi-channel, multi-tool powerhouses, serving as the core of a company's customer engagement strategy. The success of such a strategy depends largely on how effective

Read Full PostRead - Eye Icon
5 Ways to Optimize Your Order Fulfillment Process
News
09/12/20215 Ways to Optimize Your Order Fulfillment Process

Customer satisfaction is considered the heart of a business. Companies that know and fulfill customers' needs are the ones who are ensured success in any industry. That’s because satisfied customers will naturally come back to purchase again. And keeping cus

Read Full PostRead - Eye Icon
The Impact of a Brexit on the European E-Money Market
Finance
23/06/2016The Impact of a Brexit on the European E-Money Market

Craig James, CEO at Neopay, discusses the potential impact and implications of a Brexit on the future development of this sector.

Read Full PostRead - Eye Icon
4 Tools to Help Your Brokerage Stay Successful
Legal
12/01/20224 Tools to Help Your Brokerage Stay Successful

Brokers' responsibilities involve cross-selling with other financial products and services their brokerage firm offers. The vast majority of new brokers initially keep a daily schedule built heavily around marketing themselves. They have to get needed leads an

Read Full PostRead - Eye Icon
AI and ESG: Where Do They Overlap?
Corporate Social Responsibility
06/11/2023AI and ESG: Where Do They Overlap?

AI and ESG are two boardroom topics that have more in common than you might think.

Read Full PostRead - Eye Icon
Breaking New Ground
Leadership
19/07/2019Breaking New Ground

Serafim Sotiriadis & Associates has the all-round knowledge of the law required to offer solutions for both legal and business issues in the spheres of bankruptcy and business restructuring law, commercial, civil, corporate and criminal law. Following his succ

Read Full PostRead - Eye Icon
Leading Logistics Provider
Innovation
09/03/2021Leading Logistics Provider

The importance of a smooth supply chain cannot be ignored in this day and age. A good supply chain doesn’t just revolve around moving products from one place to another but building lasting relationships. This approach is why the team at Digistics has been n

Read Full PostRead - Eye Icon
Six Reasons Why COVID-19 will Accelerate the Rush to Cloud
News
14/08/2020Six Reasons Why COVID-19 will Accelerate the Rush to Cloud

Cloud provides the enabling deployment model for the times in which we live.



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