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Image Alt Text: Close-up of a bandaged hand resting on a person’s lap
Image Caption: Even if you were partially at fault, visible injuries may still qualify for compensation under Florida law.
Accidents are rarely cut-and-dry. Whether it’s a car crash, slip and fall, or bike collision, blame can be shared between multiple parties. In the aftermath, many Palm Bay residents wrongly assume that if they were even partially at fault, they’ve lost their right to file a personal injury claim.
That simply isn’t true.
Florida law recognizes that life is messy—and that responsibility isn’t always one-sided. Thanks to the state’s modified comparative negligence system, you can still recover compensation for your injuries even if you played a role in the accident—so long as you were not more than 50% at fault.
This blog explains what that means in practical terms, how fault is determined, and why it’s still worth pursuing a claim with an injury lawyer serving Palm Bay even if your own actions may have contributed to the incident.
Understanding Modified Comparative Negligence
In March 2023, Florida updated its negligence law to adopt a modified comparative fault rule. Under this system, injury victims can recover compensation only if they are found to be 50% or less at fault for the accident. If you’re determined to be more than 50% responsible, you are barred from receiving any damages.
Here’s how it works:
Let’s say you’re involved in a car accident. You were speeding slightly, but the other driver ran a red light. An investigation determines that you were 30% at fault, and the other driver was 70% at fault. In this case, you can still file a claim and recover damages—but your compensation will be reduced by 30%.
In contrast, if the roles were reversed and you were 60% at fault, you would not be eligible to receive compensation under the updated Florida rule.
This system aims to balance fairness while still allowing injured people to recover if someone else’s negligence played a major role. The most important takeaway? If you are not more than 50% at fault, you can still file a claim—and may still be entitled to substantial compensation.
How Fault Is Determined in Personal Injury Cases
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Image Alt Text: Walking cane leaning next to a chair, suggesting post-accident recovery
Image Caption: Mobility aids like canes often become necessary after accidents—legal claims can help cover recovery-related costs.
Assigning fault is rarely as simple as pointing a finger. In Florida, fault is determined by evaluating all the evidence surrounding the incident.
This may include:
- Police or incident reports
- Witness statements from bystanders, passengers, or others involved
- Surveillance or dashcam footage
- Medical records and injury assessments
- Expert analysis, such as accident reconstruction
Insurance companies will often conduct their own investigations and assign percentages of fault. These assessments can significantly affect the value of your claim—and insurers are financially motivated to assign as much blame to you as possible to reduce what they owe.
This is where experienced legal representation can make a difference. A skilled personal injury attorney will gather evidence on your behalf, challenge exaggerated fault percentages, and make sure your side of the story is clearly presented.
What You Can Recover if You’re Partially at Fault
If you’re found to be partially at fault—say, 10%, 25%, or even 50%—you can still recover compensation. The key is understanding how that percentage affects the final payout.
Let’s say your total damages (including medical bills, lost income, and pain and suffering) amount to $100,000. If you’re found to be 30% at fault, your compensation would be reduced by 30%—resulting in a $70,000 award. (This example is a simplified version and not a guarantee. Your financial outcome will depend on the specifics of your case.)
Even a reduced settlement can provide critical financial relief. It may cover:
- Emergency room and hospital bills
- Ongoing physical therapy or medication
- Lost wages due to missed work
- Pain and emotional suffering
- Property damage (in vehicle or premises cases)
It’s important to collect strong documentation: medical records, photos, receipts, and written statements that back up your version of events. The better your evidence, the better your chances of limiting your share of fault—and maximizing your compensation.
Why Speaking with a Lawyer Matters
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Image Alt Text: Person wearing a knee brace while seated, recovering from an injury
Image Caption: Knee injuries are common in accidents—filing a claim may still be possible even if fault is shared.
Florida’s modified comparative negligence law puts extra pressure on victims to prove they were not mostly at fault. Unfortunately, insurance companies often take advantage of this, assigning an inflated share of blame to reduce or eliminate payouts.
A personal injury attorney can:
- Investigate the facts and gather evidence to challenge inflated fault percentages
- Work with expert witnesses if needed to support your case
- Negotiate with insurers to fight for fair compensation
- Ensure that your claim complies with all legal requirements and deadlines
In shared-fault scenarios, experienced legal representation becomes even more valuable. Without it, you risk leaving significant compensation on the table—or having your claim denied altogether.
To speak with a team familiar with the ins and outs of Florida’s updated fault laws, reach out to the Frankl Kominsky Injury Lawyers team, who represent injured individuals throughout Palm Bay and beyond.
Partial Fault Doesn’t Mean No Justice
Being partially at fault for an accident doesn’t mean you forfeit your rights. Under Florida’s updated comparative negligence rules, you may still be able to recover meaningful compensation—as long as you’re not more than 50% at fault.
If you’re unsure how your role in an accident might affect your case, don’t assume the worst. Talk to a legal professional who can assess your claim and help you navigate the process. For those ready to explore their legal options, Frankl Kominsky Injury Lawyers is here to help. If you’re unsure how shared fault could impact your case, contact an injury lawyer serving Palm Bay for straightforward, experienced advice.
About the Author
This article was written by a Florida-based legal content writer with experience covering personal injury law, insurance claims, and negligence litigation. With a background in translating complex legal topics into everyday language, their work helps readers understand their rights and take informed action. They are not affiliated with any law firm and aim to provide neutral, research-based content for injury victims and their families.
