What is the 51 percent rule in Florida?

Under s. 768.81(6), F.S., as amended in 2023, a party found greater than 50 percent at fault for his or her own harm in a negligence action may not recover damages. At 50 percent or less, damages are reduced in proportion to the claimant’s fault. Medical negligence under chapter 766 is excluded.

How long do I have to file a negligence claim in Florida?

Section 95.11(5)(a), F.S. sets two years for an action founded on negligence. Other claim types have different periods, so confirm the deadline for your case with your attorney.

Can my attorney get the crash report right away?

Yes. Crash reports are confidential to the general public for 60 days, but s. 316.066(2), F.S. makes them immediately available to the parties, their legal representatives and their insurers, among others, with identification and a sworn statement against commercial solicitation.

Why would my own side look at my routine?

Because insurers often conduct surveillance of claimants. Knowing what an investigator would see lets your attorney put any defense footage in context. It is about documenting the truth, not changing behaviour.

Does an investigator replace an accident reconstructionist?

No. An investigator documents the scene, witnesses and records; a reconstructionist analyses that data as an expert. Good early documentation is often what a reconstructionist later works from.

What an Investigator Documents in a Miami Injury Claim

An injury claim is won or lost on facts that are easiest to capture early and hardest to rebuild later: what the scene looked like, who saw it, what was recorded, and what the injured person’s life looked like before. Insurers start building their version quickly. A private investigator working for the claimant’s attorney builds the other half of the record — carefully, lawfully, and in a form an attorney can use.

Why the 2023 changes raise the stakes

Two amendments in 2023 (ch. 2023-15, Laws of Florida) changed the landscape for most negligence claims.

The greater-than-50-percent bar. Florida still reduces damages in proportion to the claimant’s own share of fault (s. 768.81(2), F.S.). But under s. 768.81(6), in a negligence action to which the section applies, a party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. The subsection does not apply to medical negligence claims under chapter 766, and the section as a whole does not apply to intentional torts. Whether these provisions govern a particular claim is a question for your attorney.
Two years for negligence. An action founded on negligence must now be commenced within two years (s. 95.11(5)(a), F.S.). Other kinds of claims have different periods, and your attorney will confirm which applies to yours.

Put together, the margin for error has narrowed. A defense that can push the claimant’s share of fault past half does not reduce the award — it ends it. That makes the factual record on fault the centre of the case, and the time to build it is now shorter.

The scene

The scene changes faster than people expect. Spills are mopped, broken steps are repaired, signage appears, vegetation is cut back, and traffic signals are retimed. Documentation captures it as close to the event as possible:

Photographs and video from the claimant’s position and from each other party’s position, with scale references.
Measurements: distances, sight lines, step heights, lane widths.
Lighting and conditions at the same time of day as the incident.
Signage, warnings, sight obstructions and any defect, with close-ups and context shots.
A record of every camera — business, residential, traffic — that may have captured the event, so the attorney can move to preserve footage before it is overwritten.

Our article on court-admissible scene documentation covers the method in more depth.

Witnesses

Independent witnesses often decide comparative fault, and they are the most perishable evidence of all. The investigator identifies them from reports, receipts, ride-share records the client already holds and canvassing, locates those who have moved, and takes neutral statements in the witness’s own words. A statement that reads as scripted helps nobody. See our witness location article.

Records

For vehicle crashes, the crash report is the first record most cases turn on. Florida keeps crash reports that reveal personal information confidential for 60 days after filing, but makes them immediately available to the parties involved, their legal representatives, their insurers and others the statute lists, on presentation of identification and a sworn statement that the information will not be used for commercial solicitation (s. 316.066(2), F.S.). Beyond that, investigators gather the public record on the other parties and the premises: ownership, corporate filings, prior lawsuits, code violations and permits. Where the other driver left the scene, see our article on finding a hit-and-run driver.

Hypothetical example: a pedestrian is struck in a Brickell crosswalk, and the driver says she stepped out against the signal. Within days, an investigator photographs the crossing at the same hour, records the signal timing, identifies two businesses with cameras facing the intersection so counsel can request preservation, and locates a delivery driver who stopped at the light. His account places the pedestrian in the crosswalk on a walk signal. Fault, and with it the whole claim, now rests on more than two competing stories.

Surveillance-ready facts about the claimant

Insurers often conduct surveillance of injured claimants, and a single misleading clip can undermine an honest claim. Part of a claimant-side investigation is knowing in advance what a surveillance investigator would see: the client’s routine, which activities they still do and how they do them, what is publicly visible on their social media, and what their medical restrictions actually are. That lets the attorney put context around any footage the defense produces rather than being surprised by it. It is never about coaching the client to behave differently — only about making sure the truth is documented. Our surveillance page explains how this work is done lawfully.

The before and the after

Damages are about change: what the injured person could do before, and what they can do now. Medical records describe the injury, but they rarely describe a life. With the attorney’s direction, an investigator can identify and interview the people who saw both sides of that change — a supervisor who can speak to the work the client used to do, a coach or training partner, a neighbour who used to see them out every morning. Those accounts, taken neutrally and in the witness’s own words, give the attorney something concrete to set beside the medical file. The same care applies here as everywhere else: the goal is an accurate account, including the parts that are less helpful, because an attorney who knows the weak points early can plan around them.

How the findings are delivered

Evidence is only as useful as the record behind it. A claimant-side investigation should produce a written report stating what was done, when, where and by whom; original photographs and video retained unedited with their metadata; measurements recorded with the method used; witness statements with the date and circumstances of each interview; and a list of every camera and record source identified, with what was done to preserve it. That record is what lets an attorney rely on the work in negotiation, and what lets it hold up if the claim goes to litigation.

What an investigator will not do

No contact with a represented party. Communication with the other side, if they have counsel, goes through the attorneys.
No pretext as an official. Impersonating law enforcement or falsely conveying official status is grounds for discipline against a Florida licensee (s. 493.6118(1)(i), F.S.).
No referral fees. Soliciting business for an attorney in return for compensation is also a ground for discipline (s. 493.6118(1)(l)). Investigators work for the attorney you choose; they do not steer you to one.

When to call

As soon as the attorney is retained, and ideally while the scene still looks the way it did. Under a two-year limitation period and a fault threshold that can end a claim, waiting is the most expensive choice available.

What to bring

Your attorney’s contact details, the date, time and exact location of the incident.
The crash or incident report number, if one exists.
Photographs, videos, receipts and messages from the day.
Names or descriptions of anyone who saw what happened.

Miami Private Investigations is licensed in Florida under agency licence A1800135 and works with injury attorneys and their clients across Miami-Dade. See our personal injury investigation page, or contact us for a confidential consultation.

What an Investigator Documents in a Miami Personal Injury Claim