Florida Comparative Negligence Lawyer: Shared Fault Rules

by Sep 8, 2025Personal Injury, Wrongful Death

TL;DR: Florida follows modified comparative negligence. If you are 50% or more at fault, you cannot recover damages. If less, your recovery is reduced by your fault percentage. A Florida comparative negligence lawyer protects your rights.

Accident victims often ask, “Can I recover damages if I was partly at fault?” In Florida, the answer depends on comparative negligence laws.

At Marland & Rodriguez, P.C., we help clients understand how fault impacts compensation. Our women-owned, bilingual law firm ensures clarity whether in English or Spanish.

How It Works

  • 20% at fault = 80% recovery
  • 40% at fault = 60% recovery
  • 50% or more = no recovery

“Comparative negligence is a favorite tool of insurers to reduce payouts. We fight to ensure clients are not unfairly blamed.” — Stephanie Marland

FAQs

Q1: Can I recover if I was partly responsible?
Yes, as long as you are less than 50% at fault.
Q2: Who decides fault percentages?
Courts or negotiations based on evidence.
Q3: Can my percentage of fault change over time?
Yes. Insurers may assign higher percentages, which we challenge.
Q4: Does comparative negligence apply in wrongful death cases?
Yes, with the same 50% rule.
Q5: Can photos or witnesses reduce my fault percentage?
Yes. Strong evidence lowers your assigned responsibility.
Services

Practice Areas

Auto Injury

As Orlando auto injury lawyers, we fight insurers so crash victims recover medical costs, lost wages, and the justice they deserve

Wrongful death

Families facing wrongful death deserve answers. We honor their loss by holding negligent parties accountable with strength and compassion.

truck Injury

Truck injury cases are complex, but our Orlando lawyers know how to stand up to trucking companies and fight for full client recovery.

personal Injury

Personal injury impacts health, work, and family. We listen, guide, and fight for fair compensation when negligence changes a client’s life.