How Does Comparative Negligence Work in Florida?
The majority of personal injury cases in Florida rely on negligence, or carelessness. When a person or entity acts negligently and causes an accident that results in injury, the accident victim can generally file a claim against the careless party to claim damages. However, the law in all states recognizes that accident victims can also be partially to blame for their own injuries. For example, if a motorist was distracted while lawfully driving through an intersection but another driver ran a red light and crashed into them, both motorists could be to blame.
Florida uses a legal concept known as comparative negligence, which is different from the contributory negligence model the state once followed. The new model can make it more difficult for accident victims to claim the compensation they deserve. Below, our Tampa personal injury attorney explains in greater detail.
Understanding Comparative Negligence in Florida
Until recent years, Florida has followed contributory negligence law. Under this law, accident victims could file a claim against a negligent party even if they were 99 percent at fault for an accident. The contributory negligence law in Florida was replaced by a comparative negligence model in 2023. Under the new law, accident victims can only file a claim for compensation if they are found to be 50 percent or less at fault for an accident. If an accident victim is found to be more than 50 percent at fault for their injuries, they are barred from filing a claim.
How Does Comparative Negligence Affect Compensation in Florida?
The comparative negligence law in Florida now makes it even more difficult for accident victims to claim the full compensation they need to cover their medical expenses and other losses. Even if you are found to be 50 percent or less at fault for an accident, any damages you receive in a claim will be reduced by your same percentage of fault.
Using the car accident example above, you may have been distracted while legally driving through an intersection when another driver ran a red light and crashed into you. In this scenario, you may be found ten percent at fault because if you had not been distracted, you may have seen the other driver quickly approaching. The other motorist may be assigned 90 percent of fault because running a red light is extremely dangerous and illegal behavior.
If you were awarded $100,000 for your losses, the damages would be reduced by ten percent, your share of the fault. As such, you would only receive $90,000. It is not uncommon for liable parties to use the comparative fault law to avoid paying full damages. They use this argument even when accident victims were not at fault at all for an accident. This is just one reason it is so important to work with a Tampa personal injury attorney after any accident caused by someone else.
Our Personal Injury Attorney in Tampa Can Help You Claim Full Damages
Comparative negligence is one of the most important laws governing personal injury claims. At Moore Law, our Tampa personal injury attorney can defend against arguments that you were partly to blame so you obtain the full and fair damages you are entitled to. Call us today at 813-510-5400 or fill out our online form to schedule a consultation and to get the legal advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
