What Is the 51 Percent Rule in Florida?
Gregg Hollander | January 6, 2026 | Uncategorized
What is the 51 percent rule in Florida? In 2023, Florida adopted the modified comparative negligence rule. Under this system, if you are more than 50 percent at fault for an accident, you cannot recover any damages. If you are 50 percent or less at fault, your compensation is reduced by your percentage of fault.
How The 51% Rule Changed the Law
Before this rule, even someone 99 percent responsible could still recover 1 percent of their damages. Now, a single percentage point can eliminate recovery entirely.
Why It Matters
Evidence collection and accurate fault determination are more important than ever. Our firm acts quickly to secure witness statements, video footage, and expert evaluations to prevent clients from being unfairly blamed.
A Practical Example of The 51% Rule
If a plaintiff is 40 percent at fault in a $100,000 case, they can recover $60,000. But if they are 51 percent at fault, they receive nothing. That’s why early investigation and evidence preservation are critical.
Contact Hollander Law Firm Accident Injury Lawyers for Help With Florida’s 51 Percent Rule
If you have questions about “what is the 51 percent rule in Florida?”, Hollander Law Firm Accident Injury Lawyers can help you understand how fault impacts your ability to recover damages. Our team acts quickly to preserve evidence, secure witness statements, obtain video footage, and use expert evaluations when needed, so you are not unfairly blamed. Contact us today to schedule a free consultation.
We proudly serve Palm Beach County, Broward County, and its surrounding areas:
Hollander Law Firm Accident Injury Lawyers – Boca Raton Law Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
(561) 960-2745
Hollander Law Firm Accident Injury Lawyers – Fort Lauderdale Law Office
200 S.E. 6th Street #203
Fort Lauderdale, FL 33301
(954) 287-0566
Hollander Law Firm Accident Injury Lawyers – West Palm Beach Law Office
319 Clematis St #203
West Palm Beach, FL 33401
(561) 556-7873