It’s not always easy to determine who is at fault when someone gets injured in an accident. Sometimes both parties are equally responsible. This idea is dealt with in Florida by a concept of law called comparative negligence. Understanding how comparative negligence functions can make a huge difference in your case, whether you are the injured party or being accused of harm.
What is comparative negligence?
Comparative negligence is the legal principle that determines how much compensation a person injured can receive when there are multiple parties at fault, including them. Florida law allows for partial compensation, based on the degree of blame.
Let’s say, for example, that you were hurt in a car crash. The other driver was running a red signal, while you were speeding. You both contributed to the accident. If you are found 30% responsible for the damages and they total $100,000, you can still receive 70% of that amount, or $70,000.
In many ways it’s a more fair system, but also complicates personal injury claims.
Florida’s Modified Comparative Negligence Rule
Florida will adopt a modified comparative-negligence system in 2023. If you are found more than 50% responsible, you cannot recover damages. It’s a major change from the previous pure comparative negligence system, which allowed someone to be 99% at-fault and still claim 1% of damages.
The current rule is:
- You can still claim compensation if you have a fault percentage of 50% or lower.
- You cannot claim compensation if you are at fault for more than 50% of the accident.
This raises the stakes in cases where there is a question of fault. Insurance companies and attorneys who oppose you will work hard to get your percentage of blame above 50%.
How is fault determined?
It is not always easy to determine fault. Investigations, witness testimony and police reports are often used, as well as surveillance footage and expert opinions. In many cases, the two sides will present their versions of events and then negotiate or decide by a court what percentage of blame each side is responsible for.
Also, it’s important to realize that the insurance companies are not neutral. It’s possible that they will try to blame more people to lower the amount of money they are required to pay. It is important to present strong evidence.
What it means in personal injury cases
Understanding comparative negligence will influence your strategy in a personal injury claim. Your percentage of fault can directly impact your ability to collect, whether in court or during settlement negotiations.
In Florida, comparative negligence is applicable to many different types of personal injury claims. It includes:
- Car accidents
- Slip and Fall Accidents
- Accidents involving pedestrians or cyclists
- Workplace injuries
- Product liability cases
In each case, proving fault and how much is a challenge.
Comparative negligence can be one of those concepts in law that seems simple on paper but is surprisingly complex in practice. In Florida, being found at 49% or 51% fault can make the difference in receiving a payout.
Understanding how comparative negligence works and the rules that apply to a Florida personal injury case is crucial, whether you are the victim or the accused. You may be able to receive compensation if you are able to prove your side and effectively respond to attempts to shift blame.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or brandon personal injury lawyer contact us today for a case evaluation today!
