Comparative Negligence in Florida: How It Can Affect Your Personal Injury Compensation
After an accident, many people often wonder: “Can I still recover compensation if I was partially to blame?” In Florida, the answer to this question isn’t always as straightforward as you might be hoping. Under the state’s comparative negligence law, if it is determined that you share some responsibility for your accident, it could significantly lower your compensation or even eliminate your right to recover compensation. Understanding how this law works is vital for protecting your rights and financial future.
Disclaimer: This article is for informational purposes only. Every personal injury case is different, and you should consult a qualified Florida personal injury attorney about your specific situation.
Understanding Comparative Negligence
Comparative negligence is a legal principle that applies when multiple parties are at fault for an accident. Instead of holding just one person accountable, the court or insurance company assigns a percentage of responsibility to each party. Whether or not you can recover compensation if you’re partly to blame for your accident depends on the state’s comparative negligence law.
Florida’s comparative negligence law is codified in Florida Statutes section 768.81. According to this statute, you can only recover compensation in a personal injury claim if your share of fault is not greater than 50%. This type of comparative negligence is called “modified comparative negligence.”
The Effect of Comparative Negligence
Comparative negligence directly impacts the amount of compensation you can recover in a personal injury case. In Florida, if you share responsibility for the accident, your overall recovery will be reduced based on your percentage of fault.
For instance, suppose you suffer $120,000 in damages but are found to be 20% at fault for the accident. In such a case, you can still recover compensation, but your recovery would be reduced to $96,000. However, if you are more than 50% at fault, you may be barred from recovering any money.
This rule makes it vital to determine fault accurately. Even small disagreements about responsibility can have a significant impact on the compensation you ultimately receive.
How Is Fault Determined?
Determining fault in a Florida personal injury case requires a careful assessment of the evidence. Common types of evidence that help clarify fault include:
- Accident or police reports
- Photographs or video footage
- Eyewitness statements
- Medical records
- Expert opinions
Gathering strong evidence can make a significant difference in the outcome of your claim. An experienced personal injury lawyer can help investigate the accident, build a strong case, and ensure fault is fairly assigned.
Protecting Your Rights After an Accident
If you’ve been injured in Florida, you can protect your rights by taking the right steps.
- Seek prompt medical attention
- Gather as much evidence as possible
- Be cautious when speaking with insurance adjusters
- Hire an experienced personal injury attorney
If you have been injured due to someone else’s negligence, speak with a qualified personal injury attorney for help protecting your rights and pursuing the compensation you need to move forward.
Contact an Orlando Personal Injury Attorney
If you’ve been injured in an accident in Florida, don’t let questions about fault prevent you from seeking help. Contact an experienced Orlando personal injury attorney today at Orlando Accident Attorneys to discuss your case and protect your right to compensation.