Understanding the Impact of Negligence in a Florida Accident Claim

In the attached video, David Fenstersheib of Fenstersheib Law Group explains how recent changes to Florida’s negligence laws have made it much harder for injured victims to recover compensation after an accident. These updates—part of Florida’s new tort reform—tilt the scales in favor of insurance companies, making it critical for accident victims to understand how fault is determined and what it means for their claims.

Under the old law, you could recover compensation even if the other driver was only 1% at fault. But under the new comparative negligence rule, you can only receive damages if the other party is more than 51% responsible for the accident. This means that if you’re found even slightly more at fault than the other driver, you could lose your right to any recovery at all.

Insurance companies are already using this law to their advantage — arguing that victims share the majority of the blame, even when the facts tell a different story. As David explains, determining who was “more than 51% at fault” is often a complex process that may require taking the case to court and letting a jury decide. Without strong legal representation, injured victims risk being underpaid or denied entirely.

That’s why it’s so important to have an experienced Florida accident attorney by your side. The legal team at Fenstersheib Law Group knows how to gather evidence, challenge unfair insurance tactics, and build a compelling case that clearly proves fault. From negotiating with insurers to presenting your story in front of a jury, they’re committed to guiding clients through every step of the claims process.

If you’ve been injured in an accident caused by someone else’s negligence, don’t face the new Florida laws alone. Call Fenstersheib Law Group today or visit TellFLG.com for a free consultation. Our attorneys will fight to ensure your side of the story is heard, your rights are protected, and you receive the fair compensation you deserve.