If you or a loved one are involved in a Florida personal injury lawsuit, you should become familiar with Florida’s comparative negligence laws and how they work. Understanding the comparative negligence laws in Florida will allow you to better understand how the liability will be distributed in your personal injury claim.
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What Is Comparative Negligence in Florida?
Comparative negligence is the majority rule under tort law in the United States when it comes to determining liability in negligence claims. Under comparative negligence, the factfinder is to allocate fault between the parties involved in the accident at issue. In simpler terms, comparative negligence takes into consideration the extent to which each party is liable for the accident, including the plaintiff.
How Does Florida’s Comparative Negligence Law Work?
Florida is among the states in the United States that rely on comparative negligence in their tort claims. Until recently, Florida relied on pure comparative negligence. This means you can recover damages regardless of the extent you are liable for the accident. However, Florida changed their comparative negligence laws on March 24, 2023, after House Bill 837 was signed into law. Under this new legislation, Florida ended using pure comparative negligence and began implementing modified comparative negligence laws.
What Is Pure Comparative Negligence?
There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. Under pure comparative negligence, a party can recover some compensation so long as they were not found to be entirely at fault for the accident. For example, a party that is only 15% at fault can recover for 85% of the total damages, or a party that is 40% at fault can recover for 60% of their damages, and so on and so forth.
Modified comparative negligence, on the other hand, restricts the amount of damages a party can recover by prohibiting a party who is more than 50% at fault from recovering altogether. For example, if you are found to be 49% liable for damages in a modified comparative negligence state, you can recover 51% of damages. However, if you are found to be 51% at fault, you cannot recover anything.
How Is Fault Determined Under Florida’s Comparative Negligence Law?
Under Florida’s comparative negligence law, the fault is determined by calculating the extent of each party’s negligence and assessing how much of each party’s negligence caused the accident. The fault is determined by analyzing the facts of the case and assessing the cause of the accident.
Can I Still Recover Damages if I Am Partially at Fault for an Accident in Florida?
Yes, you can still recover damages if you are partially at fault for an accident in Florida. However, as Florida is a modified comparative negligence state, you can only recover damages if you are less than 50% at fault for the accident. As such, if it is determined that you are 53% responsible for the accident, you cannot recover damages at all. However, if you are responsible for 49% of the damages, then you can recover the damages.
What Happens if Both Parties Are Equally at Fault in an Accident?
If both parties are equally at fault in an accident in a modified comparative negligence state, the injured party would not be able to receive compensation for their damages. However, in a pure comparative negligence state, the parties will each be able to receive 50% compensation for their damages.
What Types of Cases Does Comparative Negligence Apply to in Florida?
Comparative negligence laws in Florida apply to any tort claims in which negligence is present, which is almost entirely all personal injury claims in Tampa. As personal injury lawsuits arise due to another person’s negligence, Florida’s use of comparative negligence is applicable to any type of case that falls within the personal injury law category. Some common types of personal injury cases in which comparative negligence is applicable include car accidents, slip-and-fall accidents, and product liability, among many other types of accidents in which the plaintiff’s own negligence may have contributed to the accident.
Are There Any Exceptions to the Comparative Negligence Rule in Florida?
Yes, there are exceptions to the comparative negligence rule in Florida. Pursuant to Florida accident laws, cases involving intentional torts are not subject to comparative negligence rules. Intentional torts arise when the defendant acts with the intent to cause harm. As the victim cannot be attributed to the cause of the intentional tort, they cannot be held liable.
How Does Comparative Negligence Affect Personal Injury Claims in Florida?
Comparative negligence affects personal injury claims in Florida because it determines how the damages will be allocated proportionally between the parties. If a victim is partially at fault for the accident, they will be held accountable and will be incapable of receiving the full compensation available had they been completely innocent.
Assessing personal injury claims in a comparative negligence state requires the Tampa personal injury attorney representing the victim to thoroughly analyze every aspect of the incident to confidently determine the extent of the fault in order to obtain the maximum compensation available.
How Does Comparative Negligence Impact Car Accident Cases in Florida?
Comparative negligence impacts car accident cases in Florida because it requires determining the extent to which each party contributed to the accident. In car accident cases, fault can be determined by analyzing each aspect of the accident, including the extent of the damage, the type of accident that occurred, where the accident occurred, the speed of each vehicle at the time of the crash, and weather conditions.
For example, if the accident involves a head-on collision, it is necessary to determine which car was driving in the wrong direction at the time of the accident. Here, it is likely that the vehicle that was going the wrong way will be determined to be more at fault than the other party involved.
What Role Does Comparative Negligence Play in Slip-And-Fall Cases in Florida?
Comparative negligence impacts slip-and-fall cases in Florida because it requires a thorough analysis of the cause of the accident and the party’s actions at the time the incident took place. One of the most common causes of a slip-and-fall case in Florida involves wet floors in a store. In this situation, the parties will have to determine the cause of the wet floor and whether the landowner or victim was aware of the wet floor condition prior to the accident taking place.
How Do Insurance Companies Handle Claims Involving Comparative Negligence?
Insurance companies handle claims involving comparative negligence by compensating the parties appropriately based on the extent to which each is found liable for their fault. Insurance companies will assess the available evidence, including police reports, medical records, and photographs of the incident.
Can Comparative Negligence Affect the Amount of Compensation I Receive?
Yes, comparative negligence can affect the amount of compensation you receive for your personal injury claims in Florida. A party will be compensated based on the extent to which they are found at fault for the accident.
How Do Courts Calculate Damages in Comparative Negligence Cases in Florida?
When calculating damages in a comparative negligence case, the Florida courts first determine the total damages available to the plaintiff. Once that total amount is decided, the court proceeds by assigning fault to each party, after which the court will adjust the amount of damages accordingly.
For example, if the court decides that the total amount of damages in a slip-and-fall case is $10,000 and the plaintiff is 30% at fault, the plaintiff will ultimately be awarded $7,000 for the accident.
What Should I Do if I Am Involved in an Accident and Comparative Negligence Is an Issue?
If you are involved in an accident and comparative negligence is an issue, you should contact an experienced personal injury attorney as soon as possible. Our attorneys at Jack Bernstein, Injury Attorneys, have the experience to help assess your claim while also ensuring that you receive the maximum compensation available to you based on comparative negligence. If you are wondering whether your claim is eligible for compensation, be sure to contact our legal team for Tampa legal advice regarding damages recovery in Florida.
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Sources:
Goguen, D. Car Accident Defenses: Contributory and Comparative Negligence. (2023).
House Bill 837. (2023).
Tampa Car Accident + Personal Injury Lawyers
For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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