What are Florida’s Comparative Negligence Laws?

December 23, 2020

When it comes to civil claims, every state has slightly different laws addressing these lawsuits. In many personal injury claims, when the at-fault party does something negligently and causes injury to another party, the injured party can often seek damages through a Florida personal injury lawsuit.

Florida, like several other states, uses comparative negligence laws to determine liability. Under general comparative negligence laws, both parties in a lawsuit could potentially be at fault if they each contributed to the injuries or damages that are in dispute. Under Florida law, courts apply pure comparative negligence laws. These laws are a bit more flexible and can allow even at-fault parties to claim some amount of compensation.

To illustrate Florida’s pure comparative negligence standard, consider this example: a man is speeding and crashes into another car on the road, and the other driver suffers significant injuries. The driver who was hit, however, was distracted while driving because he was checking his phone. If the injured party decides to bring a personal injury claim to recover damages from his injuries following the collision, the court may argue that the injured party was also partially responsible for their injuries. This may affect how much the plaintiff is able to collect from the defendant since the accident may not have occurred if he was not on his phone. If a plaintiff is found to be partially at fault for his injuries in the accident, his damages will be reduced. If the plaintiff shared responsibility for causing the collision, this would diminish any economic and non-economic damages proportionate to their level of fault. The plaintiff, however, will not be completely barred from recovering compensation.

Following an accident, filing a claim may be the furthest thing from your mind. However, Florida’s negligence laws can be extremely complex and challenging to navigate without an attorney, and time is of the essence. The sooner you file your claim, the sooner you can have a chance to potentially recover damages for your injuries and move onto the road towards recovery. If you were injured in an incident that may merit compensation, hiring a local Florida lawyer who understands the nuances of the legal system and Florida’s comparative negligence statutes can make a significant difference in both the amount and your ability to collect damages for your injuries.

Do You Need a Florida Personal Injury Attorney?

If you or someone you know has been recently injured in a Florida car wreck, or any other type of accident, contact the attorneys at the Grife Law Firm today. We have years of experience representing clients in all kinds of personal injury claims, from car accidents to medical malpractice to truck accidents, and we’re here to support you and to help you get the compensation you deserve. To schedule a free initial consultation with a member of our team, contact us at 855-998-0770. Calling is free, and because we use a contingency-fee agreement, you won’t pay us anything unless we can help you recover for your injuries.