The concept of comparative negligence plays a significant role in personal injury claims, and it helps to understand the legal landscape governing such cases. In a nutshell, comparative negligence is a legal doctrine that allows for a fair allocation of responsibility or fault for an accident between all the parties involved.
Florida law recognizes that more than one party may share blame for an accident. The state follows a modified comparative negligence rule when determining liability in personal injury claims.
Modified comparative negligence explained
In Florida, you can only pursue compensation if your degree of fault for the accident is less than 50%. In addition, your contribution to the accident will diminish the compensation you can recover. The more at fault you are, the less you can recover.
To illustrate how this works, consider a car accident claim where it’s determined that you were 20% at fault for the accident while the other driver was 80% at fault. You can still pursue a personal injury claim, but any compensation you receive will be reduced by your 20% share of the blame.
How is fault determined after a crash?
Establishing who is at fault in an accident can be contentious since the law does not provide a singular method of assessing responsibility and the unique circumstances of each crash.
It often requires gathering relevant evidence, witness statements and expert opinions to determine the degree of negligence of each party involved. Sometimes, it’s up to the court to decide should there be a deadlock.
Effectively navigating the legal complexities
Learning more about what you can do to protect your interests if you share fault for an accident in Florida is essential. It can make all the difference in your claim, whether in settlement negotiations or court. Your chances of a favorable resolution will improve when you have experienced legal guidance.
