In the state of Florida, if you are injured due to another party’s negligent actions, it’s possible for you to recover compensation. The total compensation you can receive varies based on the circumstances of your case and certain factors. For example, things like who is at fault, how severe your injuries are, and others will all be considered.
Unfortunately, determining fault in an accident isn’t always easy. A comparative negligence rule is applied to the situation if the fault is unclear or if more than one person contributed to the accident. A Daytona Beach personal injury attorney can help you understand this law and its meaning to your case.
Comparative Negligence Defined
If it is difficult to determine who caused the accident, the court can apply “apportion fault” between all those involved. This is common in cases where all parties involved in the accident made mistakes that caused it.
The apportionment has a direct impact on the compensation you receive. There are a few ways the courts can apply comparative negligence rules to your case.
Different Types of Comparative Negligence in Florida
Right now, three types of comparative negligence are applied in accident cases in the United States. These include:
- Contributory Negligence: With this, the plaintiff is not entitled to receive compensation for damages if the court has determined they were responsible (on some level) for the accident. Even a liability percentage of just one percent may prevent someone from receiving compensation or damages.
- Pure Comparative Negligence: With this, the plaintiff can receive compensation for damages; however, the damages received are reduced by the percentage of fault they are assigned.
- Modified Comparative Negligence: With this model, an intermediate point is reached between the other two. A plaintiff can still get compensation, but only to the limit of what is determined as reasonable.
Determining Fault After a Florida Accident
The state of Florida follows the pure comparative negligence rule. Depending on the situation, it will either help or hinder your case or situation. Determining liability during your accident involves considering the following things:
- Who had legal responsibility for safety (duty of care)
- Did the party fail to uphold their legal responsibility (breach of duty)
- Did this failure result in the accident (causation)
- The victim experienced expenses and losses (damages)
It’s necessary for an insurer to prove that you are partially at fault for the accident in question to successfully reduce the amount of compensation you can receive. Because this is something insurance companies have experience with, you need an attorney representing your interests to ensure you receive the maximum compensation possible.
Don’t Wait to Contact a Daytona Beach Personal Injury Attorney
If you have been involved in an accident in Florida, it’s important to contact an attorney immediately. Gathering evidence and proving fault in these situations takes time. You need to give your attorney as much time as possible to show why the other party is at fault and to create a solid argument regarding why you deserve the compensation requested.