Florida’s comparative negligence law reduces an injured person’s compensation when they’re partly at fault for an accident.
Comparative negligence allows victims to recover damages when they are 50% or less responsible for an incident that causes them to become injured. However, if a person is deemed 51% or greater at fault, they don’t have a case. This applies to negligence claims like car accidents and slip-and-falls. In a successful claim, the plaintiff recovers compensation minus their percentage of fault.
Understanding Negligence in Florida
According to Florida Statute 768.81, comparative negligence applies to different types of negligence cases. It allows a person who suffers injuries to recover compensation when they are 50% or less responsible for an accident or other action.
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Transition from Pure to Modified Comparative Negligence in Florida
On March 24, 2023, Florida transitioned from pure comparative to modified comparative negligence rules. This means any injury claims filed on or after that date follow the new rules with the exception of medical malpractice.
Key Differences Between Pure and Modified Comparative Negligence in Florida
Pure and modified comparative negligence have key differences. With the former, an injured plaintiff can file a claim for damages even if they are 99% at fault for an accident. The latter only allows victims to recover compensation when they are 50% or less liable for their injuries.
Implications for Personal Injury Claims in Florida
Modified comparative negligence allows people who suffer injuries in Florida to file personal injury claims. However, there are implications for such legal actions. If a person is deemed greater than 50% responsible for the incident that caused them to suffer injuries, they cannot recover compensation.
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Determining Fault in Car Accidents
According to Florida Statute 627.7407, Florida relies on the no-fault system for car accidents, which requires drivers to use their auto insurance to cover damages. However, their policies aren’t always enough, which requires filing a lawsuit. Evidence can determine fault in car accidents. Photos, videos, witness statements and police reports are the strongest proof in these cases. If some facts are unclear, the accident can be reconstructed.
Assessing Negligence in Slip-and-Fall Incidents
According to Florida Statute 768.0755, a slip-and-fall incident occurs when a person falls because of a transitory foreign substance while inside a business establishment. These accidents are caused by negligence, which is assessed through certain elements. The property owner owes a duty of care to keep their premises safe for visitors. When that duty is breached, it causes an accident. If the accident causes injuries, it results in damages. Proving these elements exist gives you cause to file a claim.
Examples of Modified Comparative Negligence in Action
One example of modified comparative negligence is a car accident where one person runs a red light and the other drives a few miles over the speed limit. The one speeding is found 20% responsible for the accident and recovers 20% less in compensation than they request.
Another example is a slip-and-fall accident on a mopped floor. A supermarket shopper is not paying attention and horses around before falling. They suffer injuries but are deemed 40% at fault.
The Role of Evidence in Proving Negligence in Florida
Evidence proves negligence by establishing the liable party or parties. It can also show that the victim has suffered damages in the form of injuries, lost wages, property damage and psychological harm.
How to Maximize Compensation Under New Regulations in Florida
In Florida, you can maximize your compensation in an injury case by gathering as much evidence as possible. Medical records and expenses, proof of lost wages and earning capacity, police accident reports, photos and videos and witness statements can help.
Consulting with a personal injury attorney is crucial. It can strengthen your case and give you the best chance of maximizing your compensation. Your lawyer can assess your claim and fight to get you the best possible settlement.
Understanding the 51% Bar Rule in Florida
Florida has a 51% bar rule that lets plaintiffs recover compensation only when they are 51% or less responsible for an accident. If they’re determined over 51% at fault, they’re barred from being compensated for their damages.
Impact of Negligence on Settlement Offers
If a plaintiff’s negligence partially caused their damages, it can affect their settlement offer. They would recover a percentage less than what they seek. For example, a man asks for $10,000 after a car accident but is deemed 10% at fault. He recovers $9,000 in compensation.
The Role of Insurance Companies in Negligence Cases in Florida
Insurance companies assess the circumstances of an accident to determine an appropriate settlement for injured victims. They consider the level of fault, whether the plaintiff shares responsibility and factors in the policy’s coverage. Once all those factors are known, a settlement offer is made.
Frequently Asked Questions
What Is the Modified Comparative Negligence Rule?
The modified comparative negligence rule allows injured plaintiffs to recover damages when they’re 51% or less responsible for the accident.
How Does Florida’s System Differ from Other States?
Florida allows plaintiffs to seek compensation as long as they’re no more than 50% liable for an accident. States like Maryland and North Carolina have contributory negligence laws that disallow a person to recover compensation even if they are only 1% at fault.
Alaska and California are examples of pure comparative negligence states. They allow injured victims to recover compensation even if they are mostly at fault for an accident.
Can I Still Receive Compensation if I was Partially at Fault?
You can receive compensation if you’re partially at fault. However, you must be under 51% responsible.
What Are the Four Elements of Negligence in Florida?
The elements are duty of care, breach of duty, causation and damages.
What Are the Rules of Comparative Negligence?
The comparative negligence rule states that fault for an accident is shared. However, one party is more responsible than the other, which allows the one who is less at fault to file a claim for damages.
What Is the Professional Negligence Law in Florida?
In Florida, professional negligence relates to medical malpractice. It means a doctor has failed to meet the expected standard of care, which leads to a patient suffering harm.
What Is Common Law Negligence in Florida?
Common law negligence means a person has failed to use a duty of care that any reasonable person would do to prevent causing harm to others.
How Does Comparative Negligence Affect Damages in Florida?
Comparative negligence in Florida affects damages by reducing a plaintiff’s compensation by their percentage of fault.
What Is the Statute of Limitations for Negligence Claims in Florida?
In Florida, the statute of limitations for negligence claims is two years.
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