In personal injury law, understanding the nuances of negligence is paramount as each state has different laws pertaining to it. Negligence plays a significant role in determining who is liable and deciphering who gets what amount of compensation.
Furthermore, let’s dive into the key aspects of Florida’s comparative negligence laws and how they may impact your personal injury case.
What is Negligence?
In understanding Florida’s comparative negligence laws, it is first important to establish what negligence is in the context of personal injury law. Negligence can be defined as a failure to exercise proper, reasonable, or appropriate care for another, which thereby results in injury. There are four main types of negligence that a state may exercise, which are as follows:
- Gross negligence
- Contributory negligence
- Comparative negligence
- Vicarious negligence
Elements of Negligence
In order to bring forth a negligence claim, there are four elements that must be established:
- Duty of care: It must be proven that the individual who inflicted the injury had a duty of care to behave or act a certain way.
- Breach of duty: It must be proven that the aforementioned duty of care was breached, therefore causing injury.
- Causation: A clear causal relationship must be established.
- Damages/injury: The plaintiff must demonstrate that they suffered injuries or losses.
Florida’s Comparative Negligence Laws
Florida is considered a modified comparative negligence state. Under this modified comparative negligence system, compensatory damages are awarded based on an individual’s proportion of fault for the accident. If you are less than 50% at fault for the accident, you may be compensated for the proportion of your percentage of fault.
For example, if you are 15% at fault for an accident, you may be able to recover 85% of the damages. Alternatively, if you are more than 50% at fault for the accident, you will not be able to recover damages under Florida’s comparative negligence laws.
Modified Comparative Negligence Vs. Pure Comparative Negligence
Prior to March 24, 2023, Florida operated on a pure comparative negligence system. Under this system, the recoverable compensation is based on your percentage of fault. This means that even if you are 99% at fault for an accident, you can still recover damages for the accident.
Although you may not recover much if you are at 99% fault for an accident, it is far better than receiving nothing. Overall, a pure comparative negligence system favors the plaintiff over the defendant.
Legal Representation
Understanding the nuances and intricacies of negligence is paramount in personal injury law, as it strongly dictates recoverable compensation and liability. Seeking legal representation for your personal injury claim is highly encouraged, as it can be the difference between a successful and unsuccessful claim.
An experienced St. Petersburg personal injury lawyer can help you navigate the complexities of comparative negligence laws in Florida, protect your rights, and construct a strong case on your behalf. A lawyer can handle the legal repercussions, allowing you to focus on your road to recovery.