05/29/2026
MYTH OR FACT?
In Florida, the answer is, it depends. Florida is a "modified comparative fault" state. What does that mean?
It means that damages are reduced in proportion to the plaintiff's percentage of fault. However, if the plaintiff is found to be more than 50% at fault for their own harm, they cannot recover any damages.
For example, if you're 40% at fault and total damages are $100,000, you can recover $60,000 (reduced by your 40% share). If you're 51% or more at fault, you recover $0.
If you have further questions about an accident you were involved in, contact our team: www.phlfirm.com.