Victims who are harmed by the negligence or wrongdoing of others are allowed to pursue a claim to recover compensation in Florida. Sometimes, however, a victim contributes to causing their own injuries. In these cases, Florida has laws in place that determine if they can still take legal action against those who share the blame.
Florida follows a modified comparative negligence rule. This guide will explain what that means, as well as how Diaco Law can help you to take legal action in cases where you and those who harmed you share the blame.
What is Comparative Negligence in Florida?
Comparative negligence rules allow for victims to pursue legal action against others who are partly responsible for harming them.
Florida’s comparative negligence rule is found in Florida Code Section 768.81. The relevant law says:
“In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence.”
Essentially, this rule means that if you are more than halfway responsible for the incident that harmed you, you cannot pursue legal action at all. However, if you are 50% or less to blame, you can recover partial compensation. Your compensation will simply be reduced based on the percentage of fault attributed to you.
Here’s how this works in practice.
- If you hurt yourself at someone’s home and suffered $100,000 in damages, you would be able to collect $100,000 if the property owner’s negligence was 100% the cause of the incident.
- If you were 55% to blame for the incident, you would not be able to recover any compensation from the property owner, even if they shared the blame, because you were more than 50% responsible for the damage done to you.
- If you were 45% responsible for the incident, you would be able to recover 55% of your damages, or $55,000, since the other party bears the majority of the blame and should compensate you for your losses.
How do Florida’s Comparative Negligence Rules Affect Your Claim?
Florida’s comparative negligence rules can have a profound impact on your case because questions about how fault should be shared can be very high-stakes. If you were 45% responsible, for example, the defendant could try very hard to argue that you were 51% to blame and thus entitled to no damages at all.
You need an experienced Tampa, Florida injury lawyer familiar with comparative negligence claims who can help you to put together the most compelling possible case to show that the defendant was primarily at fault and thus should pay for part of your losses.
Diaco Law has the knowledge, skill, and experience necessary to help you maximize your chances of success. We’ll gather evidence, including expert testimony, and do everything we can to protect your claim.
Contact a Florida Comparative Negligence Lawyer Today
There is too much at stake to try to navigate Florida’s legal system without help. Diaco Law has decades of experience, a long history of successful claims, and a policy that we don’t charge legal fees unless we recover compensation for you.
To find out more about how we can help you maximize your chances of a successful outcome, give us a call at (813) 221-7978 to schedule your free consultation with a Florida comparative negligence lawyer today.