What if I was partly at fault for my accident?

Florida now uses a “modified comparative negligence” rule for most negligence cases. If you are found 50% or less at fault, your damages are reduced by your percentage of fault. For example, if you are 20% at fault on a $100,000 claim, you could recover $80,000. If you are found more than 50% at fault, you generally cannot recover damages from the other party at all. Medical malpractice cases are an exception. Insurers often try to push more blame onto the injured person for exactly this reason. Do not admit fault at the scene or in conversations with the other driver’s insurer.