How Florida’s Comparative Negligence Standard is Changing Outcomes for Victims

WEST PALM BEACH, Florida Florida’s 2023 adoption of a modified comparative negligence standard has dramatically shifted the legal process for accident victims, raising the stakes for those seeking compensation. Under the revised law, plaintiffs found to be more than 50% at fault in an incident are barred from recovering damages, leaving some victims in precarious financial and legal positions.

Attorney Deirdre DiBiaggio of DiBiaggio Law has been closely following the implications of this change, particularly the increased pressure it places on injured Floridians to defend their claims. Her firm has already taken proactive steps to refine its strategies as it represents clients pursuing the compensation they need to recover despite the more restrictive rules.

“This is a significant change to Florida’s personal injury law,” explains DiBiaggio. “Defendants now have a stronger incentive to argue that victims share a greater portion of fault. Our priority is to protect our clients by presenting compelling evidence and building strong cases that counter these tactics. While the bar for recovery is higher, we are fully committed to pursuing every dollar our clients need, based on the circumstances of each case.”

For accident victims, the new law means that even if they suffer catastrophic injuries, their ability to recover damages may be severely limited if a court deems them mostly at fault. This presents a distinct challenge for strategizing and presenting claims, especially in cases involving automobile accidents, slip-and-falls, or other situations where a defendant can contest liability.

DiBiaggio Law, known for its client-centered approach, has adjusted its methods to address these added challenges. By gathering detailed evidence, consulting expert witnesses, and anticipating common defenses aimed at shifting fault, the firm is doubling down on its efforts to advocate for justice.

“We never want our clients to be left without recourse because of strategic blame-shifting,” DiBiaggio adds. “We’ve built our reputation on fighting for accident victims, and that fight continues regardless of the legal hurdles.”

With more than 30 years in practice, DiBiaggio Law remains a trusted name for personal injury representation. The firm continues to offer free consultations and personalized guidance to injured Floridians exploring their legal options in the wake of this legislative shift.

About DiBiaggio Law

As a seasoned and skilled negotiator with over 30 years of practicing law, Deirdre DiBiaggio takes a personal interest in her clients, leveraging her excellent relationships with judges and other attorneys to obtain the best possible outcome for them. Since 1995, she has handled Social Security disability cases and represented injured and disabled persons in workers’ compensation and personal injury lawsuits. Her bilingual Spanish firm also serves the needs of her Spanish-speaking clients.

DiBiaggio is a past member of the Dade Human Rights Foundation and a past member of the Unlicensed Practice of Law Committee of the Florida Bar Association and the National Organization of Social Security Claimants’ Representatives (NOSSCR). DiBiaggio Law is ready to help with your personal injury case, workers’ compensation claim, or Social Security disability claim. Visit DiBiaggioLaw.com for more information.

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