Florida · partly at fault
Key facts
Last updated
- Current rule (post-cutover)
- 51% bar
- Cutover date
- March 24, 2023
- Authority
- Fla. Stat. § 768.81, as amended by HB 837 (2023)
- Medical-negligence carve-out
- Yes — remains on pure comparative
- Pre-cutover rule
- Pure comparative (no cap)
- SOL also changed
- Cut from 4 yrs to 2 yrs under same bill
The cutover, and why the date of accrual is everything
Florida had been a pure-comparative state since 1973 under Hoffman v. Jones. For 50 years a Florida claimant could recover regardless of fault percentage. HB 837 replaced that with a 51% bar for most negligence actions.
Pre-cutover (accidents before Mar 24, 2023)
Pure comparative
Recovery at any percentage of fault, reduced proportionally. A 60%-at-fault claimant on a $100K case recovers $40K.
Post-cutover (accidents from Mar 24, 2023)
Modified 51% bar
Recovery only when fault is 50% or less. Above 50% you are barred entirely. A 60%-at-fault claimant on a $100K case recovers $0.
The text of HB 837 ties applicability to when the cause of action accrued, not when suit is filed. Medical-negligence cases were expressly carved out and continue under pure comparative regardless of accrual date.
Worked examples: what changes at the cutover
Same facts; different accident dates. The cliff effect of the new 51% bar is visible.
| Scenario | Pre-cutover rule | Current rule |
|---|---|---|
| Accident on Mar 23, 2023 (pre-cutover), you 60% at fault, damages $100K | $40,000 recovery | Pre-cutover; pure comparative still applies |
| Accident on Mar 25, 2023 (post-cutover), you 60% at fault, damages $100K | N/A | $0 — barred by 51% bar |
| Accident in 2024 (post-cutover), you 30% at fault, damages $100K | N/A | $70,000 recovery |
| Medical-negligence claim (any date), you 60% at fault, damages $100K | N/A | $40,000 — carve-out keeps pure comparative |
How Florida adjusters use the new rule
The 51% bar gives Florida insurers a hard lever they did not have before March 24, 2023. In any case where the adjuster can credibly argue your fault is just over 50%, the entire claim disappears.
Emphasize speed
Any speed at or above the limit gets called out, even when within the prevailing flow of traffic.
Cabin distractions
Phone visible, food, passengers — anything that can be characterized as inattention.
Push for recorded statements
Early calls before counsel is retained, with leading questions designed to elicit admissions of partial fault.
Pre-existing conditions
Attribute the injury to your medical history rather than the accident to reduce the value of treatment claims.
Defense: do not give a recorded statement to the at-fault driver’s insurer. Document everything contemporaneously, and consult a Florida attorney before agreeing to any percentage of fault.
Related Florida resources
Other Florida-specific pages that complement this guide.
Florida comparative negligence rule
Statute citation, HB 837 amendment, and state-specific notes
OpenFlorida PI statute of limitations
Cut from 4 yrs to 2 yrs under HB 837; pre/post analysis
OpenFlorida car accident calculator
Settlement estimates with Florida-specific factors
OpenFlorida back injury calculator
Back and spine injury settlement ranges in Florida
OpenInformational only and not legal advice. The applicability of pre- vs post-cutover rules in any specific case can turn on facts that are not obvious from the accident date alone. Confirm the controlling rule with a licensed Florida attorney.