Personal injury lawsuits in Florida can be complicated, especially if multiple parties are at fault. Florida’s legal system follows a comparative negligence rule that can significantly impact the outcome of your personal injury case. Understanding what comparative negligence is and how it works is critical to pursuing a successful personal injury lawsuit in Florida.
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What is Comparative Negligence?
Comparative negligence is a legal concept that determines how damages should be allocated among parties involved in negligence cases. Under this doctrine, each party’s degree of responsibility for the resulting damage is evaluated. Each party is assigned a percentage of negligence based on their involvement, and their compensation is reduced by that same percentage.
Pure Comparative Negligence Rule in Florida
Florida follows the pure comparative negligence rule. This rule allows you to pursue a personal injury lawsuit even if you were partially to blame for the accident. The damages you recover will be reduced by your percentage of fault in the incident.
For example: Suppose you were involved in a car accident in Florida, and the court assigned you 30% of the fault because you were texting while driving. The other driver was assigned 70% of the fault because they ran a red light. If your damages were $100,000, your compensation would be reduced to $70,000, reflecting your 30% contribution to the accident.
How Comparative Negligence Affects Your Case in Florida
Comparative negligence can significantly impact your personal injury case, affecting the amount of compensation you receive. Understanding how it works can help you make informed decisions when negotiating a settlement or pursuing a lawsuit. The following are some ways comparative negligence can impact your case.
Contributory Negligence Defense by the Defendant
Defendants often use the contributory negligence defense in personal injury cases to reduce or eliminate the amount of compensation they have to pay. This defense argues that you were responsible for the accident’s injuries and damages.
For the defendant to use this defense, they must prove the following:
- You owed them a duty of care, which you violated
- Your negligence was the direct cause of the accident
- You suffered injuries or damages as a result of the accident
Comparative negligence ensures that even if you were partially responsible for the accident, you could still recover damages. However, if the defendant’s contributory negligence defense is successful, your compensation will be reduced or eliminated.
Sharing of Fault Among Multiple Parties
In some cases, more than one party may be responsible for the accident. Comparative negligence allows for the sharing of fault among multiple parties following an accident, reducing the compensation awarded to each party based on their level of negligence.
For example: Suppose you were involved in a car accident with two other drivers. The court assigns 50% of the fault to you and 25% each to the other drivers. Your compensation will be reduced by 50%, and the other two parties’ compensation will be reduced by 25% each.
Seeking Legal Assistance
Navigating comparative negligence can be complicated, especially when multiple parties are involved in the personal injury case. Seeking legal assistance from an experienced personal injury attorney can significantly impact the outcome of your case. A skilled attorney can help you:
- Investigate the accident to determine the true cause and who is at fault
- Build a strong case that proves your side of the story
- Negotiate for the maximum compensation possible based on the percentage of fault assigned to each party
Conclusion
Comparative negligence is a crucial concept that affects personal injury cases in Florida. Understanding how it works can significantly impact the outcome of your case. A personal injury attorney can help you navigate through the complexities of comparative negligence and pursue the maximum compensation possible. It’s crucial to seek legal assistance to ensure that your interests are protected and that you receive the compensation you deserve.