How Florida's Comparative Negligence Law Affects Personal Injury Claims
June 27, 2023
If you are injured because of someone else’s negligence in Florida, your ability to receive compensation for your injuries is affected by the state’s Comparative Negligence Law. Under this law, damages are awarded based on the percentage of fault assigned to each party.
What is Comparative Negligence? Comparative negligence is an area of law that assigns fault to multiple parties who had a role in causing an injury. The principle behind it is that each party should be held responsible for their own actions and the court should determine the amount of fault assigned to each person. In the case of a personal injury claim, the court will assign a certain percentage of fault to each party and the plaintiff’s compensation is reduced by the percentage of fault assigned to them.
For example, if you are injured in a car accident and the other driver was found to be 70% at fault and you were found to be 30% at fault, your compensation will be reduced by 30%. So if your compensation was initially $100,000, it will be reduced to $70,000.
In the state of Florida, a plaintiff can still receive compensation in a personal injury claim even if they are found to be partially at fault. The only caveat is that their compensation will be reduced by their percentage of fault.
It is important to note that Comparative Negligence Law is not the same in all states. Some states like California use a “pure” Comparative Negligence standard, which allows a plaintiff to receive compensation even if they are found to be more than 50% at fault. However, Florida does not follow this standard, so if you are more than 50% at fault, you cannot receive any compensation.
In summary, Florida’s Comparative Negligence Law affects personal injury claims by assigning a certain percentage of fault to each party and reducing the plaintiff’s compensation by their percentage of fault. This is an important factor to consider when filing a personal injury claim in Florida. If you have been injured due to someone else’s negligence, it is important to be aware of this law and consult a knowledgeable personal injury lawyer to ensure that you receive the maximum amount of compensation for your injuries.