2026 LEGAL UPDATE
Florida’s New “Modified Comparative Negligence” Law: How HB 837 Changes Your Case
Executive Summary
Florida has fundamentally altered its personal injury laws. Under the new Florida Modified Comparative Negligence standard, if a jury finds you more than 50% at fault for an accident, you are legally barred from recovering any compensation. This guide explains the shift from the old system and why evidence collection is now more critical than ever.
Understanding Florida Modified Comparative Negligence
For decades, personal injury law in Florida operated under a system known as “pure comparative negligence,” which was uniquely favorable to injury victims. However, recent legislative changes (HB 837) have replaced this with a strict Florida modified comparative negligence standard.
Understanding this shift is crucial for anyone seeking compensation for an injury. If you do not know the rules, you could walk away with nothing, even if you were severely injured. This makes carrying adequate Uninsured Motorist Coverage more important than ever.
The Old Rule vs. The New Rule
Before March 2023: Florida used “pure comparative negligence.” This meant that even if you were partially at fault for an accident (e.g., 90% at fault), you could still recover the remaining 10% of damages from the other party.
The Current Law (HB 837): Florida now follows the “51% Rule.” The most important change is simple but harsh: If you are found to be more than 50% responsible for the accident, you are legally barred from recovering any compensation at all.
Why an Experienced Attorney is Critical
This new law places a massive burden on the injured party. Insurance companies know that if they can convince a jury that you were just 51% at fault—perhaps arguing you were speeding slightly or looked at your phone—they pay zero.
At the Law Offices of David L. Rich, P.A., we fight these tactics by:
- Gathering Evidence Immediately: We secure dashcam footage, EDR (black box) data, and witness statements before they disappear.
- Challenging Insurance Tactics: We know the strategies adjusters use to shift blame onto you.
- Protecting Your Rights: We ensure your side of the story is the one the jury remembers.
⚠ 5 Steps to Protect Your Claim
- Stop & Call Police: A police report is vital evidence.
- Document the Scene: Take photos of all vehicles, skid marks, and traffic signs.
- Seek Medical Attention: Do this immediately, even if you feel fine. Adrenaline masks injuries.
- Do Not Admit Fault: Be polite, but do not say “I’m sorry” or discuss details with the other driver.
- Call an Attorney Before Insurance: Do not give a recorded statement until you have legal counsel.
The shift to modified comparative negligence makes the legal battle after an accident much tougher. It underscores the importance of having a skilled legal advocate who understands these changes.
Contact the Law Offices of David L. Rich, P.A. today. Don’t let a percentage point cost you your recovery. Call 954-972-1800 for a free consultation.
“Your interests are my first and only priority.”
– David L. Rich
Contact the Law Offices of David L. Rich, P.A. today for a free consultation. Let us review your case and help you secure the compensation you deserve. Our phone number is 954-972-1800 and we are ready to help!
David L. Rich, Esq.
Senior Partner
- 43+ Years Trial Experience
- 70+ Years Combined Firm Experience
- Serving All South Florida
"Your interests are my first and only priority."
Law Offices of David L. Rich, P.A.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Statutes of limitations are subject to change and specific factual exceptions. For personalized legal guidance regarding your specific situation, please consult with a qualified attorney.