If you are injured in an accident in Florida, one of the first questions you may have is how the law will determine who is at fault. Florida follows a principle called comparative negligence, which means that if you share some of the responsibility for the accident, it can affect the amount of compensation you may receive.
Fiol & Morros Personal Injury and Accident Lawyers helps you understand how comparative negligence works in Florida and how it applies to your personal injury case. Our experienced personal injury lawyers work hard to protect your rights, even when you may be partly at fault.
We know the complexities of Florida personal injury law and are here to help you navigate the legal process. Whether you’ve been injured in a car accident, slip and fall, or workplace accident, we are here to provide you with the guidance you need.
In Florida, comparative negligence is used to determine fault in personal injury claims. It is important to understand how this law works, as it can significantly impact the amount of damages you can recover.
This principle allows an injured person to receive compensation even if they are partially at fault for the accident, but the percentage of fault will affect the amount awarded.
Comparative negligence and contributory negligence are both ways to address shared fault in an accident. Under contributory negligence laws, if the injured person is found to be even 1% at fault, they are typically barred from recovering any damages.
However, under Florida’s comparative negligence rule, an injured person can still receive compensation even if they are partially at fault, but their recovery is reduced by their percentage of fault.
In Florida, the pure comparative negligence rule is used to determine the amount of compensation in personal injury cases. This means that even if you are found to be partially at fault for the accident, you can still recover damages, but the amount will be reduced based on your percentage of fault.
Under Florida law, the pure comparative negligence rule means that you can recover damages even if you are more at fault than the other party.
For example, if you are 80% at fault for the accident, you can still recover 20% of the total damages. This is different from modified comparative negligence states, where you cannot recover anything if you are found to be more than 50% at fault.
The percentage of fault you are assigned will reduce the amount of compensation you receive for your personal injury claim. If the total damages amount to $100,000 and you are found to be 30% at fault, you would be entitled to $70,000. It is essential to understand how comparative negligence affects your settlement offer or court award.
House Bill 837 (HB 837) can change how comparative negligence works in personal injury cases in Florida. This bill could affect how damages are split when more than one person is at fault. Under Florida’s pure comparative negligence, a person can still get paid even if they are partly to blame.
But HB 837 may change the rules about how much fault a person can have and still get money for their injury. This could affect the amount of money offered in settlements and the way settlement negotiations are done. It’s important to understand how HB 837 might change the way we handle comparative negligence in personal injury cases.
Understanding comparative negligence in practice can help illustrate how this legal principle works in real-life situations.
Here are a few examples of how comparative negligence is applied in Florida:
In a car accident, if one driver was speeding, and the other driver failed to yield at a stop sign, both drivers may share fault.
For instance, if Driver A is 70% at fault for speeding and Driver B is 30% at fault for not stopping, each driver’s claim will be adjusted based on their percentage of fault. The damages awarded to Driver B will be reduced by 30%.
In slip and fall cases, the property owner might be partially at fault for not maintaining safe conditions, but the person who fell may also share some responsibility for not paying attention.
For example, if a person falls on a wet floor but they were not paying attention to the warning signs, the damages they recover may be reduced according to their percentage of fault.
In workplace accidents, an employee might be partly responsible for their own injury, especially if they were not following safety guidelines. However, they may still be entitled to compensation from their employer or through workers’ compensation, depending on the circumstances and the Florida Statutes.
To prove comparative negligence, you will need to gather evidence showing both your own role in the accident and the other party's fault. This can be challenging, but an experienced personal injury lawyer can help you build a strong case.
Insurance companies typically use the pure comparative negligence rule to assess the percentage of fault for each party involved. They review evidence such as police reports, accident reconstruction, and witness testimony to determine liability.
However, insurance companies may try to minimize their payout by assigning more fault to you. Having an injury lawyer on your side can help ensure you are not unfairly blamed.
A personal injury attorney plays a vital role in proving fault in your case. They will gather the necessary evidence, speak with experts, and handle settlement negotiations with the insurance company to make sure you are treated fairly. Legal representation is especially important in complex cases involving negligence claims and tort law.
If you are found to be partially at fault for the accident, it doesn’t necessarily mean you cannot recover damages. Florida law allows you to seek compensation even if you share some responsibility for the injury, but the amount you can recover may be reduced.
If you are partially at fault, your settlement amount or court award will be reduced by the percentage of fault assigned to you.
For example, if you are 20% at fault for a car accident and your total damages are $50,000, your final award would be $40,000. The more responsibility you have, the lower your settlement or award will be.
Yes, under Florida's pure comparative negligence rule, you can still recover damages even if you are mostly at fault. However, the compensation you receive will be reduced based on your percentage of fault. If you are 90% at fault, you can still recover 10% of the damages, but it is unlikely to cover all of your expenses.
Modified comparative negligence means that if you are found to be more than 50% at fault for the accident, you cannot recover any damages. This differs from Florida’s pure comparative negligence, where you can still get compensation even if you are mostly at fault.
Comparative fault determines how much each party is responsible for an accident. If you share some fault, your damages will be reduced by your fault percentage. The less at fault you are, the more you can recover.
Yes, injury victims in wrongful death cases can still recover damages, but their recovery may be reduced based on their percentage of fault.
Insurance adjusters use evidence like accident reports, witness statements, and sometimes accident reconstruction to determine comparative fault and assign a fault percentage to each party involved.
Tort reform bills, like HB 837, are laws that may change how negligence lawsuits are handled, especially in terms of limiting compensation or changing how damages are allocated in personal injury cases. They often affect the ability of injury victims to recover fair compensation.
If you’ve been hurt and don’t know how comparative negligence affects your case, Fiol & Morros Personal Injury and Accident Lawyers are here to help. Our Florida personal injury lawyers will explain how the pure comparative fault system works and how it can change your insurance claim. We know the law and will help you get the money you deserve for your injuries.
We offer a free consultation to talk about your case. If you’ve been in a car accident, slip and fall, or any other injury, we’re here to help. You don’t have to handle your insurance claim alone. Call us today for a free consultation, and we’ll guide you through the process. We are here to make sure you get the best result for your case.
