Florida's Comparative Negligence Law: How Shared Fault Affects Your Injury Claim
Understanding Florida's comparative negligence law is crucial if you're injured in an accident. Learn how shared fault can impact your compensation and what steps to take to protect your rights.
What Is Comparative Negligence?
Comparative negligence is a legal principle that determines how much compensation you can receive if you are partially at fault for an accident. In Florida, your damages are reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by 20%.
How Florida's Law Works
Florida follows a "pure comparative negligence" system. This means you can recover damages even if you are mostly at fault, but your recovery will be reduced accordingly. This law applies to car accidents, slip and falls, and other personal injury cases.
Proving Fault in an Accident
Insurance companies and courts will review evidence such as police reports, witness statements, and photos to determine each party's share of fault. It's important to gather as much evidence as possible to support your claim.
Why Legal Representation Matters
An experienced personal injury lawyer can help you minimize your share of fault and maximize your compensation. They can negotiate with insurance companies and present a strong case on your behalf.
Common Scenarios
Comparative negligence often comes into play in rear-end collisions, multi-car accidents, and slip and fall cases where both the property owner and the injured person may share responsibility.
Sources
Florida Statutes – Comparative Fault. Florida Bar – Personal Injury Law.
