When it comes to personal injury cases in Florida, comparative negligence plays a significant role in determining compensation. Florida follows a “pure comparative negligence” rule, which means that compensation can be adjusted based on each party’s degree of fault in an accident. Mario Lopez, a Miami-based personal injury lawyer, explains what comparative negligence means for your case and how it impacts compensation.
What is Comparative Negligence?
Comparative negligence is a legal principle that allows a person to recover damages even if they are partially at fault for the accident. In Florida, the “pure comparative negligence” rule applies, which means that compensation is awarded based on the percentage of fault assigned to each party. If you are 20% responsible for the accident, your compensation will be reduced by that percentage.
Example of Comparative Negligence in Action:
- Suppose you are involved in a car accident where the total damages amount to $50,000.
- If you are found 20% at fault, you would be entitled to 80% of the damages, or $40,000.
- This rule ensures that both parties are accountable for their actions while still allowing victims to recover damages.
How Comparative Negligence Impacts Compensation
Under Florida’s pure comparative negligence rule, your compensation decreases in proportion to your fault. Understanding this principle is crucial, especially when insurance companies or opposing parties attempt to assign more blame to reduce your claim’s value. An experienced personal injury lawyer like Mario Lopez can advocat
