Close Menu

How Does Comparative Negligence Work In Florida?


As we all know, car accidents in Florida can be quite complex. One car might smash into another, causing a “domino effect” that impacts vehicles a block away. Two cars might collide in an intersection, and both drivers might claim that the other is to blame. Sometimes, upwards of 10 vehicles can smash together on the highway. In all of these situations, it can be very difficult to determine who actually caused the crash. Florida addresses these complex situations with a system called “comparative negligence.”

If you’re not sure who’s to blame for your accident, it might be a good idea to get in touch with a qualified, experienced personal injury attorney in Orlando. These legal professionals can examine your situation carefully and help you determine who might be liable for your injuries. On the other hand, perhaps you know full well who is to blame, and you need help finding the necessary evidence to hold guilty parties accountable. Whatever the case may be, an attorney can help you pursue a positive legal outcome in an efficient, confident manner. With all that said, it’s important that you understand how comparative negligence works in Florida.

Pure Comparative Negligence 

The state of Florida follows a system of comparative negligence. Under this system, more than one party can be held accountable for accidents that cause injuries. For example, three drivers may be to blame for a specific accident. One person might be 20% responsible for causing the crash, another person might be 10% responsible, and the third might be 70% responsible.

Perhaps most crucially, the injured party themselves can be partially responsible for causing their own injuries. Under a system of comparative negligence, these injured parties would still have the opportunity to file a lawsuit and pursue financial compensation. This is unlike states that follow a system of “contributory negligence.” Under this system, injured victims cannot sue other parties even if they were just 1% responsible for their own injuries.

Florida follows a system of “pure” comparative negligence. This means that even if you are 99% responsible for your own injuries, you could theoretically still sue a party that was 1% responsible for those same injuries. This is unlike states that follow a system of “modified” comparative negligence, in which plaintiffs may be prevented from suing if they are approximately 50% responsible for their own injuries. With all that said, your settlement amount will decrease in proportion to your own degree of negligence. For example, if you are 75% responsible for the car crash that caused your injuries, you would only receive 25% of your settlement.

Enlist the Help of a Qualified Attorney Today 

If you need help recovering compensation for your injuries, reach out to the skilled Orlando personal injury lawyers at Payer Law. We know that concepts like comparative negligence can seem a little confusing, especially if you have no legal background whatsoever. The good news is that we can handle most of the heavy lifting, and you won’t need to worry about becoming a legal scholar just so you can get your hands on a settlement. Trust us to handle the complex legal concepts, and you can focus on healing and recovering from your injuries. Book your consultation today.

Facebook Twitter LinkedIn