How Florida's Comparative Negligence Law Affects Personal Injury Claims

May 21, 2023


In the state of Florida, the doctrine of Comparative Negligence is used to determine liability in personal injury claims. This doctrine can have a major impact on the outcome of such cases, so it is important to understand how it works in the Sunshine State.

Comparative Negligence is an equitable approach to determining liability in a personal injury case. Instead of focusing on the fault of one party, it looks at the fault of both parties involved in the accident. This means if both parties are found to be at fault, the court will apportion liability based on the percentage of fault each party is deemed to have contributed.

In Florida, Comparative Negligence is known as the Pure Comparative Negligence rule. Under this rule, a party can be found to be partially liable for an accident even if their negligence is as little as one percent. This means that a party can still be held liable for an accident, even if they were only slightly negligent.

Furthermore, under the Pure Comparative Negligence rule, a party’s damages will be reduced by their percentage of fault. So, if a party is found to be 20 percent at fault, then their damages will be reduced by 20 percent. This means that a party can still recover damages, even if they were partially at fault for the accident.

This is an important concept to be aware of when filing a personal injury claim in the state of Florida. While it may seem like a small factor, it can have a major impact on the outcome of your case. It is important to consult with an experienced personal injury lawyer to ensure that you receive the maximum amount of compensation. They can help to ensure that all of the relevant details are included in your claim and help to maximize your recovery.

To ensure that you receive the maximum amount of compensation, consider the following:

  • Consult with an experienced personal injury lawyer
  • Understand the Pure Comparative Negligence rule
  • Be aware that your damages may be reduced by your percentage of fault
  • Include all relevant details in your claim

Related Questions

What is the doctrine of Comparative Negligence?

The doctrine of Comparative Negligence is an equitable approach to determining liability in a personal injury case. Instead of focusing on the fault of one party, it looks at the fault of both parties involved in the accident.

What is the Pure Comparative Negligence rule?

Under the Pure Comparative Negligence rule, a party can be found to be partially liable for an accident even if their negligence is as little as one percent. This means that a party can still be held liable for an accident, even if they were only slightly negligent.

How does Comparative Negligence affect damages?

Under the Pure Comparative Negligence rule, a party’s damages will be reduced by their percentage of fault. So, if a party is found to be 20 percent at fault, then their damages will be reduced by 20 percent.

What should I do if I am filing a personal injury claim in Florida?

It is important to consult with an experienced personal injury lawyer to ensure that you receive the maximum amount of compensation. They can help to ensure that all of the relevant details are included in your claim and help to maximize your recovery.

What is the impact of Comparative Negligence on a personal injury case?

Comparative Negligence can have a major impact on the outcome of such cases, so it is important to understand how it works in the Sunshine State.

Does Comparative Negligence mean that a party can still recover damages even if they were partially at fault?

Yes, under the Pure Comparative Negligence rule, a party can still recover damages, even if they were partially at fault for the accident.

What state uses the doctrine of Comparative Negligence?

The doctrine of Comparative Negligence is used to determine liability in personal injury claims in the state of Florida.

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