How Does Comparative Negligence Work In Florida?

If you’ve been injured in a Florida car accident, you might need to file an injury claim. And if the injury was especially serious, you will need to sue the at-fault driver directly. During this lawsuit, you will likely become familiar with something called comparative negligence. Make no mistake – comparative negligence is a very good thing, and it is considered a very “plaintiff-friendly” law. But in order to take advantage of comparative negligence, you need to understand how it all works.

Understanding complex legal issues isn’t always easy – especially if you’re simultaneously dealing with serious injuries. That’s why it’s usually a good idea to simply get in touch with a qualified personal injury attorney in Orlando and let them handle these complex issues. It’s best to act quickly and book your consultation right away. This is because the statute of limitations in Florida can prevent you from suing if you wait too long. During your consultation, your attorney can assess your unique situation and provide you with targeted, personalized legal advice.

What is Comparative Negligence? 

Contributory negligence is the legal system used by Florida when two or more negligent individuals are responsible for the same accident (1). Under this system, these multiple negligent parties can file an injury claim and recover compensation even if they were partly responsible for their own injuries. However, the degree to which they were responsible affects their settlement amount. For example, someone who was 20% responsible for their own injuries would only receive 80% of their “normal” settlement amount. Someone who was 50% responsible would only receive half. Someone who was 90% responsible would only receive 10%, and so on.

How Does Comparative Negligence Work in Florida? 

In Florida, the state’s comparative negligence rule is considered “pure.” This means that there are no limitations whatsoever, and you could potentially receive 1% of your normal settlement even if you were 99% responsible for your own injuries. Many other states use a “modified” system whereby plaintiffs are not allowed to sue if they were 50% or 51% responsible.

Comparative Negligence vs. Contributory Negligence 

It’s worth pointing out that some states don’t use the comparative negligence system at all – although this handful of states is certainly in the minority. Instead, these states operate using a system called “contributory negligence.” Almost the exact opposite of comparative negligence, this system bans you from suing even if you were 1% responsible for your own injuries (2). This system is clearly not geared towards the plaintiff.

Enlist the Help of a Qualified Attorney Today 

The skilled Orlando personal injury attorneys at Payer Law are prepared to help you with your case.. Over the years, we have assisted a number of injured plaintiffs, and we know how serious and life-changing these injuries can be. Book your consultation today, and we can guide you towards a fair, adequate settlement that covers your medical expenses, your missed wages, and much more.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

investopedia.com/terms/c/contributory-negligence.asp