Comparative Negligence in Florida
Getting injured in an accident is a complicated thing to deal with. Between handling the impact of medical bills, lost wages, and the injury itself, you also run into legal distinctions that can be difficult to understand.
One such issue is that of shared negligence. Many states and jurisdictions have different views on the matter, and they can have drastic implications for your ability to recover compensation after an accident.
Read on to learn more about Floridian comparative negligence laws and a how a West Palm Beach car accident lawyer.
How Does Comparative Negligence Work in Florida?
When someone else is responsible for your injuries in an accident, it’s your legal right to take action. Filing a personal injury claim against the person, group, or entity responsible can help you get cash for things like your medical expenses, forfeited wages from missed work, and even non-economic damages, like emotional trauma.
One of the fundamental concepts in personal injury claims is negligence. In order to earn a settlement or win a jury award, you need to prove the responsible party acted negligently, leading to your losses.
One point of confusion, however, involves the concept of shared negligence, or the idea both parties can be simultaneously and partially at fault for the outcome of the accident.
In some states, bearing any amount of responsibility for the accident is a total and complete bar to recovery. For example, if a jury finds you even one percent at fault, then you cannot sue for your damages. This view is known as pure contributory negligence.
In other states, both parties can share the responsibility for an accident—but being found majority at-fault prevents you from collecting compensation. This system is a form of comparative negligence known as modified comparative negligence.
Florida, however, has a different view on the question of comparative negligence. The Sunshine State instead chooses to observe pure comparative negligence—meaning anyone can recover damages regardless of how much or little of the accident they are found liable for.
For example, you can theoretically sue for your damages in Florida even if a jury finds you 90 percent responsible, entitling you to ten percent of your damages and losses in financial compensation.
Of course, the problem emerges when you consider the other party can promptly counter sue and collect their own damages—up to ninety percent.
How a Personal Injury Lawyer Can Help
Rules like Florida’s pure comparative negligence laws highlight the importance of consulting an experienced attorney for your personal injury claim. Working with a reputable lawyer can help you maximize the value of your settlement by ensuring your case is as strong as possible.
Contact a Personal Injury Lawyer Today
Whether you’re dealing with a car accident, workplace accident, or even a slip-and-fall, an experienced attorney from The Law Offices of Casey D. Shomo can help you get the maximum possible compensation for your damages.
The best part? We offer free consultations, and we don’t get paid until you win. Call us at 561-659-6366 or fill out the form below for a no-obligation case review today.