Florida Negligence Laws
Many injury victims are under the impression that being partially to blame for the cause of the accident that harmed them means they will not be entitled to compensation from the other involved party. Fortunately, this is far from the truth, as Florida is a comparative negligence state when it comes to personal injury claims.
Continue reading to learn more about how comparative negligence works in Florida and the impact that shared fault could have on your accident case.
Comparative Negligence in FL
Comparative negligence laws allow those who contributed to their own injuries to still seek repayment from the person or persons who are primarily at fault for the cause of their injuries.
This is different from states that follow pure contributory negligence or modified comparative negligence in that pure contributory fault denies those who are partially to blame from pursuing a lawsuit, and modified comparative negligence laws typically have a maximum amount of culpability (usually 49 percent to 51 percent) before the claim is denied.
In this regard, Florida residents who played a part in the cause of an accident are more fortunate than those living in other states.
How Shared Fault Can Affect Your Injury Claim
However, just because you can still file a civil lawsuit doesn’t mean you won’t have to accept responsibility for your role in the cause of the accident. Claimants who have partially contributed to the accident can expect their award to be reasonably reduced by the percentage of fault they carry.
For instance, if Joe was awarded $250,000 from an auto accident but was also 10 percent to blame for the injuries he sustained, then Joe’s settlement would then reflect a 10 percent deduction, and he would take home $225,000.
Meet with a Personal Injury Lawyer in Florida
Don’t let the possibility of being partly liable for the cause of your Florida accident hold you back from fighting for the compensation that is rightfully yours.
You can work with an experienced Florida personal injury lawyer at Anderson & Anderson to increase your chances of getting the most out of your claim. To schedule your free claim evaluation, you can give our office a call at 813-251-0072 or submit the brief contact form we have provided at the bottom of this page.