Florida, Georgia, and New York all reduce your recovery by your share of fault — but they draw the line in very different places. It sounds technical, but comparative fault is one of the most important concepts in any injury case in any of these states.
Here's the short version: the three states take two broad approaches, though Florida and Georgia differ at the margin. Florida bars recovery when you are more than 50% at fault. Georgia bars recovery when you are 50% or more at fault (O.C.G.A. § 51-12-33) — meaning a claimant found exactly half at fault recovers in Florida but not in Georgia. New York uses pure comparative negligence — there is no bar at all; even a plaintiff who is 90% at fault can recover the remaining 10%.
An example: a jury values your damages at $100,000 and finds you 20% at fault. You recover $80,000 in all three states. But if the jury finds you 60% at fault — in Florida and Georgia you recover nothing, while in New York you still recover $40,000. If the jury finds you exactly 50% at fault, you recover $50,000 in Florida but nothing in Georgia.
That's why insurance carriers fight so hard to push fault onto you. Even a small shift can make a big dollar difference, and crossing the bar is the difference between recovery and zero.
Practical implications: be careful about what you admit at the scene, in conversation with adjusters, or on social media. 'I didn't see them' can be turned into 'failure to keep a lookout' very quickly. Let the evidence — police reports, witness statements, photos, reconstruction — establish fault.
If you're worried that you might bear some responsibility, that's not a reason to skip a consultation. It's exactly the reason to have one.
