Last month, we shared that Florida’s comparative negligence law changed effective March 24, 2023. To clarify, we believe the change is substantive and will apply to claims that accrue on or after March 24, 2023. AF’s automatic comparative negligence calculations will be applied based on date of loss, as in other jurisdictions in the United States with similar comparative negligence laws to Florida.
Should a decision be published on a Florida case submitted on or after March 24, 2023, where the incorrect negligence law is applied, promptly submit a Post-Decision Inquiry (PDI). Rule 4-2 allows AF to correct these types of errors so long as a PDI is submitted within 30 days of the decision publication date.