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When you’re injured in an accident in Naples, one of the first questions that arises is who’s at fault and to what extent. In Florida, determining liability isn’t always straightforward. The state follows a comparative fault system, meaning that your ability to recover compensation can depend on your share of responsibility for the accident. Understanding how this rule works is crucial to protecting your rights and maximizing your recovery after a crash, slip-and-fall, or other injury.
What Is Comparative Fault?
Comparative fault—also known as comparative negligence—is a legal principle that divides responsibility among multiple parties who share blame for an accident. Instead of assigning all liability to one person, the court (or an insurance adjuster) determines each party’s percentage of contribution to the incident.
For example, if you’re awarded $100,000 in damages but found to be 20% at fault for the accident, your recovery would be reduced to $80,000. That 20% reduction reflects your portion of responsibility under Florida’s comparative fault law.
Florida’s Modified Comparative Fault Rule
In 2023, Florida revised its negligence system from pure comparative fault to a modified comparative fault model (Florida Statutes §768.81(6)). In short, you can only recover damages if you are 50% or less at fault for the accident. If you’re found to be more than 50% responsible, you are barred from recovering compensation entirely.
This change makes it even more essential to build a strong case early. Insurance companies now have a greater incentive to argue that an injured person was mainly to blame to avoid paying damages. Working with a trusted personal injury attorney in Naples is the best way to protect your rights.
How Comparative Fault Affects Different Types of Cases
Comparative fault plays a role in nearly every personal injury case in Florida, including:
- Car accidents–If both drivers contributed to a collision—for example, one was speeding and the other failed to yield—each party’s percentage of fault determines who pays what.
- Slip–and-fall claims–Property owners may argue that the injured person was distracted or ignored warning signs.
- Product liability cases–A manufacturer might claim that a consumer misused a product or failed to follow safety instructions.
- Construction accidents–Multiple parties (employers, contractors, equipment suppliers) may share fault, complicating liability and recovery.
Every case is unique, which makes having an experienced injury attorney essential.
How Fault Is Determined in a Florida Personal Injury Case
Assigning fault involves evaluating evidence, witness statements, expert opinions, and accident reports. Insurance adjusters often make an initial assessment, but their goal is to minimize payouts—not to ensure fairness. If the case proceeds to court, a judge or jury will decide fault based on the evidence presented.
Factors that can influence a comparative fault finding include:
- Traffic laws and violations involved
- The actions (or inactions) of each party before the accident
- The presence of warning signs or safety measures
- Statements made immediately after the incident
- Any available video footage, photos, or physical evidence
A skilled attorney can challenge inaccurate fault assessments, highlight critical evidence, and protect you from unfair blame.
Common Misconceptions About Comparative Fault
Many people mistakenly believe that being partly at fault means they cannot recover anything. In reality, partial fault doesn’t automatically bar recovery—as long as you’re not more than 50% responsible. Even slight differences in the assigned percentage of fault can have a significant impact on your settlement or verdict amount.
Another misconception is that insurance companies will “fairly” assign fault. In practice, insurers often overstate an injured person’s share of blame to reduce what they must pay. Having an attorney who understands Florida’s comparative fault framework helps level the playing field.
Protecting Your Rights After an Accident in Florida
Because fault percentages can make or break a personal injury case, it’s critical to take early steps to safeguard your claim:
- Seek medical attention immediately. Prompt treatment not only protects your health but also creates valuable documentation of your injuries.
- Gather evidence at the scene. Take photos, collect witness names, and note conditions that may have contributed to the accident.
- Avoid recorded statements to insurers before consulting with a lawyer. What you say can be used to shift blame.
- Consult an experienced attorney who can investigate, gather expert testimony, and advocate for a fair allocation of fault.
At Boatman Ricci, we prepare every case as if it will go to trial. Our attorneys have extensive experience analyzing complex personal injury claims and challenging inflated fault assessments to help our clients recover what they deserve.
Your Partner in Florida Personal Injury Law
If you’ve been injured in an accident anywhere in Southwest Florida, you don’t have to face insurance companies or liability disputes alone. The team at Boatman Ricci provides trial-ready representation for clients in Naples, Fort Myers, Marco Island, and throughout Florida. Trust us to protect your rights under Florida’s comparative fault law and fight for the compensation you deserve. Contact us today for a consultation.