It is still possible to win a case like this, even if your injuries were worsened by your failure to wear a seat belt. If you win, however, it is likely that you will have to settle for less than 100 percent of your damages. Florida is a modified comparative negligence state. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. As an example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. To navigate these complexities and maximize your recovery, it’s essential to consult with a car accident lawyer who can advocate for your rights. However, if your percentage of fault is found to be more than 50%, you are barred from any recovery under the law.