One of the first things an insurance company tries to do is shift some of the blame onto you. Why? Because in Florida, how fault is divided directly controls how much you can recover — or whether you recover anything at all.
Under comparative negligence, your compensation is reduced by your share of the fault. If your damages are $100,000 and you're found 20% at fault, you recover $80,000. Simple enough — but there's a catch in Florida.
In 2023, Florida switched to modified comparative negligence. Now, if you're found more than 50% at fault, you recover nothing. That single change made it far more important to fight the insurance company's attempts to pin blame on you.
Because every percentage point of blame lowers what they pay — and 51% wipes out your claim entirely — adjusters have a strong incentive to exaggerate your role in the accident. Don't accept their version without a fight.
We investigate the crash, gather the evidence, and use witnesses, footage, and experts to establish what really happened. Keeping your share of fault low isn't just about principle — under Florida's new rule, it can be the difference between full compensation and nothing.
Marshall personally reviews every case and returns calls the same day. No fee unless we recover for you.
This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; for advice about your situation, contact a licensed attorney.