Fault, Negligence & Florida's 2023 Changes

Can I still recover if the accident was partly my fault?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Yes, unless you're found greater than 50 percent at fault. Below that, recovery is reduced by your share.

Yes. Being partly at fault doesn't end a claim — it reduces it.

How it works. If you're found 25 percent at fault on $100,000 in damages, you recover $75,000. The reduction is proportional.

The cutoff. A party found greater than 50 percent at fault recovers nothing. That's a hard bar and it was added in 2023.

The precision matters. The line is *greater than* 50 percent — so at exactly 50 percent you recover half rather than nothing. A lot of published content says "51 percent or more," which describes the same outcome in most cases but misstates where the line actually sits.

What this changed. Before 2023, Florida used pure comparative negligence and a plaintiff 90 percent at fault could still recover 10 percent. Now the same person recovers nothing.

What it means practically. Insurers have a strong incentive to push your share above 50, because doing so eliminates the claim entirely. Expect that argument early.

Every fact that lowers your share is worth developing. Above 50 is all or nothing. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.