Disclaimer: This Inside South Florida segment is sponsored by Demesmin and Dover Law Firm. All opinions and views are of the advertiser and does not reflect the same of WSFL-TV.
If you’ve been in a car accident in Florida, understanding how fault is determined could significantly affect your ability to recover damages. In a recent segment of Inside South Florida, attorneys Francisco Llanos and Josh Costello of Demesmin & Dover Law Firm broke down the state’s newly updated comparative negligence law and what it means for you.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to determine fault in an accident involving multiple parties. Previously in Florida, even if you were partially responsible—say, 80% at fault—you could still recover 20% of your damages.
However, that changed in 2023. As of the latest legal update, if you're found to be more than 50% at fault, you can no longer receive any compensation for damages. “Now, because you are 51% at fault, or more than 50%, you unfortunately can no longer recover anything,” explained Llanos.
What Kind of Evidence Matters?
To protect your claim, especially in multi-car accidents, the attorneys recommend gathering police reports, photos of the scene, vehicle damage and point-of-impact details, as well as witness stagements if they are available. “These help us paint a clear picture for the insurance company,” said Llanos.
Is It Still Worth Calling a Lawyer If You’re Partially At Fault?
Absolutely. “There’s always room for argument,” said Costello. Even if you believe you might be over that 50% threshold, an experienced attorney can help negotiate your level of responsibility and potentially secure compensation. The attorneys emphasized that each case is unique and that expert legal guidance can make all the difference.
Need Legal Help?
For more information or legal assistance, contact Demesmin & Dover Law at 866-954-MORE or visit youraccidentattorneys.com.
