If you’ve been injured in an accident in Florida, you might be exploring your options for pursuing a personal injury claim. One critical concept to understand in this process is “comparative negligence.” This legal doctrine can significantly impact the outcome of your case and the compensation you may receive. The experienced personal injury law attorneys at Barzakay Law Firm aim to demystify comparative negligence and explain how it works in Florida.
Comparative Negligence Laws in Florida
Comparative negligence is a legal principle that allocates fault among parties involved in an accident. In personal injury cases, it determines how much each party’s actions contributed to the incident and how much they should be held accountable for the resulting damages.
Florida follows a “modified comparative negligence” rule. This means that even if you are partially responsible for your accident, you can still recover damages if you are not more than 50% at fault. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% responsible for the accident, your recovery amount will be reduced by 30%. If you are found to be greater than 50% responsible for the accident, you will not be able to recover damages.
How Comparative Negligence Works in Florida
In a Florida personal injury case, the court or jury will assess the actions of all parties involved to determine their respective degrees of fault. This process involves:
- Evaluating Evidence: Both sides present evidence, including witness testimony, police reports, medical records, and expert opinions.
- Assigning Fault: Based on the evidence, the court or jury assigns a percentage of fault to each party. This percentage represents how much each party’s actions contributed to the accident.
- Calculating Damages: The total amount of damages is determined, which includes medical expenses, lost wages, pain and suffering, and other relevant costs.
- Adjusting Compensation: The final compensation is based on the assigned fault percentages. If the plaintiff (injured party) is found to be partially at fault, their recovery amount is reduced accordingly.
Examples of Comparative Negligence in Action
Example 1: Car Accident
Imagine you are involved in a car accident where the other driver ran a red light, but you were also speeding. The court finds the other driver 70% at fault for running the red light and you 30% at fault for speeding. If your total damages amount to $100,000, you would be entitled to recover $70,000 after a 30% reduction for your share of the fault.
Example 2: Slip and Fall
Consider a scenario where you slip and fall in a grocery store. The store failed to clean up a spill, but you were also texting and not paying attention to where you were walking. The court might determine the store is 80% at fault for not maintaining safe premises, while you are 20% at fault for not being attentive. If your total damages are $50,000, you would receive $40,000 after the 20% reduction for your fault.
The Role of a Personal Injury Law Attorney
Navigating a personal injury claim involving comparative negligence can be complex. This is where a seasoned personal injury law attorney comes into play. An injury law attorney can:
- Gather Evidence: Gather compelling evidence to support your case and minimize your assigned fault.
- Negotiate Settlements: Work with insurance companies and opposing counsel to negotiate a fair settlement reflecting the full extent of your damages and faults.
- Advocate in Court: Advocate for your rights and interests in court if a fair settlement cannot be reached.
Injury law attorney Big Al of Barzakay Law Firm has extensive experience handling comparative negligence cases. Our personal injury law attorneys understand the nuances of Florida law and are dedicated to ensuring our clients receive the compensation they deserve, even when fault is shared.
Why Understanding Comparative Negligence Matters
Understanding comparative negligence is crucial for any personal injury claim in Florida. It affects the compensation you receive and your overall legal strategy. Knowing how your actions might be scrutinized and how fault is determined can help you better prepare for the legal process.
If you or a loved one has been injured in an accident in Hollywood, Florida, don’t navigate this complex process alone. Contact our personal injury law attorney, Big Al, at Barzakay Law Firm today for a free consultation. Our experienced personal injury law attorneys are here to guide you through every step of your case, ensuring you understand your rights and options under Florida’s comparative negligence laws.