Florida is a modified comparative negligence state, which means that the percentage of responsibility assigned to each driver in a personal injury case determines how much compensation you may recover for your damages. It also means that even if a court finds you to be primarily at fault, then you can still recover compensation for any percentage of fault that the court assigns to the other driver.
For example, suppose an accident results in $100,000 in damages. If the other driver was 90 percent at fault, you could recover $90,000 from the other driver. But, if you are more than 50 percent at fault, you will be unable to recover damages.
After a car accident, the other driver’s insurance company can use anything you say to them to assign comparative negligence to you – and potentially reduce your compensation from a personal injury lawsuit. Thus, you should not say anything to the insurance company of the other driver without a lawyer’s advice.
A lawyer will be able to discuss your potential liability. Also, they’ll be able to tell you how to best maximize your recovery. Florida’s comparative negligence law will not prevent you from recovering after a car accident. Yet, it can affect the amount of compensation you win in a case.
What Is The Difference Between Pure Comparative And Modified Comparative Fault?
Pure Comparative Negligence and Modified Comparative Fault are similar legal standards that different states practice throughout the country. Yet, the major difference between the two is that Pure Comparative Negligence does not limit an injured plaintiff’s ability to recover compensation from the defendant. Under Pure Comparative Negligence, you could be 75 percent at fault for the accident, for example, and still recover damages. Pure Comparative Negligence is not practiced in the state of Florida.
What About Contributory Negligence?
Contributory Negligence is a legal standard that keeps an injured plaintiff from recovering compensation for damages inflicted by the defendant in a personal injury claim if they contributed in any way to causing the accident. The following jurisdictions practice this legal standard: Maryland, Alabama, North Carolina, Virginia, and the District of Columbia (Washington D.C.) Contributory Negligence is not practiced in the state of Florida and is not to be confused with Florida’s statute of modified comparative fault.
More Questions?
For more information about auto accidents in Florida, call Hancock Injury Attorneys at 813-915-1110 or email. You can also read more about the specifics of the comparative negligence statute in Florida by clicking here.