The Role of Comparative Negligence in Florida Personal Injury Cases

In Florida personal injury cases, determining fault is essential for securing compensation. However, the concept of comparative negligence complicates matters, as it may impact the amount of compensation an injured person can receive. 

If you’ve been involved in an accident, understanding how comparative negligence works is crucial to navigating your personal injury claim.

What is Comparative Negligence?

Comparative negligence refers to a legal principle used to determine how much fault each party shares in an accident. In simple terms, it assigns a percentage of blame to each party involved, which in turn affects the amount of damages they may be awarded. Florida follows a modified comparative negligence system, which allows injury victims to recover compensation as long as they are not found to be more than 50% at fault for the accident.

If you are partially responsible for the accident, the percentage of fault assigned to you will reduce the compensation you are eligible to receive. For example, if you are awarded $200,000 in damages but are found to be 25% at fault for the accident, you would only receive $50,000.

How Comparative Negligence Affects Personal Injury Claims in Florida

Under Florida’s modified comparative negligence law, your ability to recover compensation is directly impacted by the amount of fault attributed to you. This means that even if you are partially responsible for the accident, you may still be entitled to compensation. However, if you are found to be 51% or more at fault for the accident, you will be barred from receiving any compensation.

For example, imagine an auto accident where you are driving through an intersection and another driver runs a red light. However, you were speeding at the time of the accident. If the court finds that the other driver was 70% at fault and you were 30% responsible for the accident, you could still recover damages, but your recovery would be reduced by 30%.

Why Comparative Negligence Matters for Your Case

Understanding how comparative negligence impacts your claim is essential because it can directly influence the outcome of your case. It is not uncommon for defense attorneys to argue that the injured party shares some level of responsibility in order to reduce the amount of compensation owed. Insurance companies may also use comparative negligence to minimize their payout or avoid paying a claim entirely.

In a Florida personal injury case, it is critical to gather evidence, including witness statements, expert testimony, and accident reports, to prove that the other party was primarily responsible for the accident. A skilled personal injury lawyer can help present your case in the best possible light, ensuring that you are not unfairly assigned too much blame.

How a Florida Personal Injury Lawyer Can Help

When you are involved in a personal injury case, the application of comparative negligence can be complex. It requires a detailed analysis of the accident, the actions of both parties and the laws that apply. Having an experienced attorney by your side can make all the difference in ensuring that you receive fair compensation.

At Fulgencio Law, our team of knowledgeable Florida personal injury lawyers has extensive experience handling cases where comparative negligence comes into play. We work diligently to investigate your case, collect crucial evidence, and argue that the other party is primarily responsible for the incident.

If you have been injured in an accident and are concerned about how comparative negligence might affect your claim, contact Fulgencio Law for a free consultation. We can help you understand your legal rights and work to secure the compensation you deserve. Call (813) 463-0123 today to speak with our diligent Florida personal injury attorney.