How the 51% Rule Impacts Your Claim
A change happened in March, 2023, Florida Governor Ron DeSantis signed major tort reform into law. As a result ,personal injury claims are handled differently. The state of Florida transitioned from a pure comparative negligence system to a modified comparative negligence system.
Following an injury, working with an up-to-date Boca Raton personal injury lawyer is an important way to ensure that you have the best chance of securing the compensation you deserve.
Differences Between Old and New System
Under the previous pure comparative negligence rule, Florida allowed plaintiffs to recover damages even if they carried a little or a lot of fault for their injuries. For example, if you were found to be 90% at fault for a car accident, you could still recover 10% of the total compensation for your damages.
The 2023 legislative changes drastically altered this system. Florida adopted a modified comparative negligence rule. Under this new law, if you are found to be 51% or more at fault for your accident, you have lost your ability to access any compensation. Because of this, the amount of fault assigned to each party after an accident has become even more crucial.
For instance, if you’re involved in a car accident and it’s determined that you were texting while driving, but the other driver ran a red light, both parties might share some degree of fault. Under the new law, if you’re deemed to be 51% responsible because of distracted driving, you will not be able to recover any compensation, regardless of how much damage or injury you’ve sustained.
Why This Change Matters
This shift from pure to modified comparative negligence is significant because it raises the stakes for personal injury claimants. Even a small increase in your percentage of fault, especially just 1% over the 50% threshold, could mean the difference between receiving financial compensation and getting nothing.
With the changes in Florida’s negligence laws, working with a skilled Boca Raton personal injury lawyer is essential. A lawyer can help by:
- Thoroughly investigating the accident. Your attorney will gather the necessary evidence to minimize your percentage of fault and maximize your chances of receiving compensation.
- Discussing your case with insurance companies. Insurance adjusters will likely use the new law to argue that you bear a significant portion of the fault. An attorney can push back against unfair assessments and advocate for a fair outcome.
- Litigating, when necessary. If a full and fair outcome isn’t possible through negotiation, your case could go to court. Then, your lawyer will present a compelling argument to ensure the other party’s responsibility is properly recognized, hopefully keeping your fault percentage below 51%.
The 2023 legislative changes in Florida have made it harder for some at-fault victims to recover compensation. Understanding how the modified comparative negligence rule works is key to protecting your legal rights.
What questions do you have about modified comparative negligence? Bring your inquiries about a Delray Beach, Deerfield Beach, or Pompano Beach accident to the attention of the attorneys at Leifer & Ramirez. Call 561-660-9421 for legal support.
