How Comparative Fault Can Affect Your Personal Injury Claim in Orlando

When an accident happens, one of the first things people want to know is who was responsible. In many personal injury cases, fault isn’t always clear-cut. Sometimes, more than one person plays a role in causing the incident. That’s where Florida’s comparative negligence rule comes into play.

If you were hurt in a car crash, slip and fall, or another type of accident in Orlando, it’s important to understand how shared responsibility can affect your ability to recover compensation. Even if you were partly to blame, you may still be eligible for damages, but how much you can receive depends on the details of your case.

This article breaks down how comparative negligence works in Florida and what it means for personal injury claims filed in Orlando.

What Comparative Negligence Means in Florida

Comparative negligence is a legal rule that determines how damages are awarded when more than one party shares responsibility for an accident. Instead of assigning full blame to one side, fault is divided based on the percentage each party contributed to the incident.

Florida follows a modified comparative negligence system. This means that if you are partly responsible for your own injuries, your compensation will be reduced by the percentage of fault assigned to you. However, as of March 24, 2023, Florida law now bars recovery if you are found to be more than 50 percent at fault for the accident.

So, if you’re found to be 40 percent responsible for a crash, and your total damages are $100,000, you would still be eligible to recover $60,000. But if you’re determined to be 51 percent responsible, you would not be entitled to any compensation.

How Fault Is Determined in a Personal Injury Case

In a personal injury case, establishing fault involves a close look at the facts. Insurance adjusters, attorneys, and sometimes courts will examine the evidence to decide who contributed to the accident and how much each party should be held accountable.

Common sources of evidence include:

Police or incident reports
Witness statements
Photographs or videos of the scene
Medical records
Property damage assessments
Expert analysis or accident reconstruction

Each piece of evidence can help paint a clearer picture of what occurred. In some cases, the parties involved may disagree about what really happened. When this occurs, comparative negligence allows for a more balanced resolution by dividing fault between the individuals involved.

Examples of Comparative Negligence in Action

Understanding how comparative fault works is easier with examples:

Car accident: You were hit by another driver who ran a red light, but you were speeding at the time. The court determines that the other driver was 70 percent at fault and you were 30 percent at fault. If your total damages are $50,000, you could still recover $35,000.
Slip and fall: You slipped on a wet floor in a grocery store, but you were looking at your phone and didn’t notice the warning sign. The store is found to be 60 percent at fault, and you’re assigned 40 percent. If your damages total $20,000, your compensation would be reduced to $12,000.
Bicycle accident: A driver makes a sudden turn and hits you while you are riding your bike. However, you were not using a bike lane and did not have proper lighting at night. The driver is found to be 55 percent responsible, and you’re found 45 percent responsible. You can still recover compensation, but it will be reduced by your share of the fault.

These scenarios show that even partial fault does not automatically prevent you from recovering damages—unless your share crosses the 50 percent line.

Why Comparative Negligence Matters in Orlando Injury Cases

Orlando is a busy area with high traffic volume, frequent tourism, and a wide range of commercial properties. That mix often leads to a variety of personal injury claims, including car crashes, pedestrian injuries, and premises liability cases.

In many of these cases, the insurance companies involved will look for ways to assign some blame to the injured party. Their goal is to reduce their financial responsibility—or avoid paying altogether. If you aren’t familiar with how comparative negligence works, you could end up accepting less than you deserve or even having your claim denied.

Protecting Your Claim When Fault Is Disputed

If you’ve been injured in an accident and believe the other party was at fault, you still need to be careful about how you handle the situation—especially if you could be assigned partial blame.

Here are some practical steps to help protect your case:

Get medical treatment right away and follow all doctor recommendations. Delayed care can be used to argue that your injuries aren’t serious or weren’t caused by the accident.
Take photos and gather evidence at the scene if you can. This includes pictures of the vehicles, property damage, injuries, and any contributing hazards.
Avoid admitting fault or speculating about what happened. What you say to the police, witnesses, or insurance companies could be used against you.
Document your injuries, expenses, and recovery in detail. Keep track of all bills, lost work time, and how the injury has affected your daily life.
Speak with a personal injury attorney before accepting any settlement offer. An experienced lawyer can help you understand your level of fault, if any, and how to maximize your recovery under Florida’s comparative negligence rules.

How an Attorney Can Help with Comparative Negligence Claims

One of the most important roles of a personal injury attorney in a comparative negligence case is pushing back against exaggerated fault claims. Insurance companies may try to blame you more than they should in order to limit their payout.

An attorney can:

Investigate the accident thoroughly
Review all available evidence
Work with experts if needed to prove liability
Negotiate with insurance companies on your behalf
Represent you in court if a fair settlement cannot be reached

With legal guidance, you have a better chance of proving your case and recovering the compensation you need to cover medical costs, lost income, and other losses.

Conclusion

Comparative negligence is a key part of Florida’s personal injury laws, and it can have a direct impact on how much compensation you receive. In Orlando, where accidents are common and insurers are quick to assign blame, understanding how this rule works is essential.

Even if you’re partly at fault for an accident, that doesn’t mean your claim is lost. As long as your share of the blame is 50 percent or less, you can still pursue compensation. But every case is different, and timing, evidence, and strategy all play a part.

If you’ve been injured and fault is being questioned, speak with a personal injury lawyer who can help you navigate Florida’s comparative negligence system. With the right support, you can protect your rights and build a strong case for recovery.