Free Interactive Tool

Florida Comparative Negligence Fault Calculator

Being partly at fault doesn't always mean losing your case — but it can, depending on the percentage and when your case arose. See how Florida's 51% bar rule (FL § 768.81) would affect your recovery. Confidential, free, and no information about you is collected or stored.

Step 1

What are your total damages?

Medical bills, lost wages, property damage, and any pain-and-suffering value you're working with.

Step 2

What percentage of fault are you working with?

This is a hypothetical you provide — insurers and juries decide the real number. See how the math changes at different fault levels.

20%

Step 3

Is this a medical malpractice case?

Step 4

Date of the incident

Florida changed the comparative negligence rule on March 24, 2023 — the date determines which version applies to your case.

Common Questions

What is Florida's 51% rule?+

Under FL § 768.81, modified comparative negligence bars a plaintiff who is more than 50% at fault (that is, 51% or more) from recovering any damages in an ordinary negligence action. At exactly 50% fault or less, the plaintiff can still recover — just reduced by their fault percentage. This rule applies to negligence cases arising on or after March 24, 2023.

Is Florida still a pure comparative negligence state?+

Not for most negligence claims arising on or after March 24, 2023 — those now follow modified comparative negligence with the 51% bar. However, medical malpractice claims were carved out of that change and continue to use pure comparative negligence, meaning a plaintiff can recover a reduced amount no matter how high their fault percentage is. Cases arising before March 24, 2023 also still use the older pure comparative negligence rule.

Who decides my fault percentage?+

Insurance adjusters propose a fault percentage during negotiations, and if the case goes to trial, a jury decides it based on the evidence. It is almost never a fixed, objective number — it is a contested figure your attorney can push back on with police reports, witness statements, video, and accident reconstruction. This calculator only shows what a given percentage would mean for your recovery; it cannot tell you what your real percentage is or will be.

Why does the date of my accident matter for this calculation?+

Florida's comparative negligence rule changed on March 24, 2023. Cases arising before that date use the older pure comparative negligence rule (no bar at any fault percentage); cases arising on or after that date use the new modified rule with the 51% bar, except medical malpractice claims, which kept pure comparative negligence.

Disclaimer

Not legal advice. This tool is provided for general informational and educational purposes only and does not constitute legal advice. It cannot account for every fact, exception, or nuance that may affect your specific situation. Using this tool, or submitting information through it, does not create an attorney-client relationship with HOV Law.

Estimates only — not a guarantee. Any figures, dates, or outcomes this tool generates are estimates based on the general rules of Florida law and the information you enter. They are not a valuation, settlement offer, guarantee of coverage, or prediction of how an insurer, court, or jury will resolve your case. Actual results depend on facts, evidence, and legal arguments this tool cannot evaluate.

Laws change. Statutes, deadlines, and dollar amounts referenced in this tool reflect Florida law as HOV Law understands it at the time of publication and are subject to change by the Florida Legislature or the courts. Verify current law or consult an attorney before relying on any result.

The fault percentage used in this tool is one you provide, not a determination of your actual fault. Fault is typically disputed and is ultimately decided through negotiation, settlement, or a judge or jury — not by this calculator.

For advice about your specific situation, contact HOV Law for a free, confidential consultation.