What is Comparative Negligence in Florida Law?

In personal injury cases, understanding how fault is determined can impact the amount of compensation you receive. If you’re asking, “What is comparative negligence in Florida law?” here’s the quick answer:

Comparative negligence in Florida law allows an injured person to recover compensation even if they share some responsibility for the accident. Under this rule, compensation is reduced by the percentage of fault assigned to the injured party.

Let’s explore how Florida’s comparative negligence rule works, how it affects compensation, and what it means for personal injury claims.

Understanding Comparative Negligence in Florida

Florida follows a pure comparative negligence system, which is part of the broader comparative negligence laws that determine fault and compensation. Recent changes in Florida tort law have shifted the state from a pure comparative negligence system to a modified comparative negligence system, impacting how damages are awarded. Your compensation, however, will be reduced by your percentage of fault.

<table style="width:100%; border-collapse: collapse; border: 1px solid black; margin-bottom: 20px;">
  <thead style="background-color: #f2f2f2;">
    <tr>
      <th style="padding: 12px; border: 1px solid black;"><strong>Concept</strong></th>
      <th style="padding: 12px; border: 1px solid black;"><strong>Details</strong></th>
    </tr>
  </thead>
  <tbody>
    <tr>
      <td style="padding: 12px; border: 1px solid black;">Pure Comparative Negligence</td>
      <td style="padding: 12px; border: 1px solid black;">Allows recovery of damages regardless of fault level, as long as someone else shares responsibility.</td>
    </tr>
    <tr>
      <td style="padding: 12px; border: 1px solid black;">Fault Percentage</td>
      <td style="padding: 12px; border: 1px solid black;">The percentage of fault assigned to each party determines the reduction in compensation.</td>
    </tr>
    <tr>
      <td style="padding: 12px; border: 1px solid black;">Application in Florida</td>
      <td style="padding: 12px; border: 1px solid black;">If an injured person is partially at fault, their compensation will be reduced by their degree of fault.</td>
    </tr>
  </tbody>
</table>

For example, if you’re found to be 30% at fault in an accident and are awarded $100,000, your compensation would be reduced by 30%, meaning you would receive $70,000.

Definition of Comparative Negligence

Comparative negligence is a legal principle used to determine liability and compensation in cases where multiple parties share fault. This doctrine allows the court to allocate fault and damages based on the degree to which each party is responsible for the harm.

By assessing each party’s contribution to the accident, comparative negligence ensures a fair distribution of financial responsibility. This principle is crucial in determining liability and compensation when multiple parties contribute to an accident or incident causing harm.

Types of Comparative Negligence Systems

In the United States, there are three main types of comparative negligence systems: pure contributory negligence, modified comparative fault (50% rule), and modified comparative fault (51% rule).

• Pure Contributory Negligence: This strict system bars a plaintiff from collecting any damages if they are found to be even slightly responsible for their injury.
• Modified Comparative Fault (50% Rule): Under this system, a plaintiff can recover damages only if they are 50% or less at fault for the accident. If their fault exceeds 50%, they are barred from recovering any damages.
• Modified Comparative Fault (51% Rule): Similar to the 50% rule, this system allows a plaintiff to recover damages only if they are 51% or less at fault. If their fault is 52% or higher, they cannot recover damages.

These systems vary by state, and understanding which one applies is essential for any personal injury claim.

Key Points About Florida’s Comparative Negligence Law

1. Partial Fault Doesn’t Prevent Compensation

• Florida’s comparative negligence allows you to recover damages even if you bear some responsibility for the accident. This system is particularly beneficial in complex cases where fault isn’t entirely clear.

2. Compensation Is Reduced by Your Percentage of Fault

• The court or insurance company will determine fault for each party involved in negligence claims, and your compensation is adjusted according to the assigned percentage of fault. For instance, if you’re 40% responsible, you’ll receive 60% of the total damages awarded.

3. Applicable to Multiple Types of Accidents

• Comparative negligence applies to a variety of personal injury cases, including car accidents, slip and falls, and product liability claims. This rule helps distribute fault in cases where multiple parties contribute to the incident.

4. Cases Can Involve Multiple Parties

• In some cases, more than two parties share responsibility for an accident. Each party’s fault is calculated, and compensation is distributed based on their individual percentage of fault. This can make comparative negligence cases more complex, as each party’s role must be carefully evaluated.

Overview of Florida’s Pure Comparative Fault System

Florida adopts a unique approach known as the pure comparative fault system. This system allows an injured party to seek damages even if they were mostly responsible for their injuries. Unlike other states that limit recovery based on a fault threshold, Florida’s pure comparative fault system recognizes that accidents often involve shared responsibility. Each party’s level of negligence determines their share in the liability, ensuring that even those who are primarily at fault can still receive some compensation for their injuries.

How Comparative Negligence Affects Personal Injury Compensation

In a personal injury case, the court or insurance company will evaluate each party’s actions to determine fault. The total compensation awarded will then be adjusted based on the plaintiff’s degree of fault.

Under the modified comparative negligence rule, plaintiffs cannot recover damages if they are found to be equally or more at fault than the defendants.

Example Scenario:* Suppose you were involved in a car accident and sustained $50,000 in damages. The court finds you 20% at fault because you were slightly speeding, while the other driver, who was driving under the influence, is found 80% at fault. In this case, your compensation would be reduced by 20%, allowing you to recover $40,000.*

How Damages are Calculated

Under Florida’s pure comparative fault system, damages are calculated based on the degree of fault of each party involved in the accident. If an injured party is found to be partially responsible for their injuries, their damages will be reduced by the percentage of their fault.

For instance, if an injured party is found to be 30% at fault for an accident causing $100,000 in damages, their award would be reduced by 30%, resulting in a compensation of $70,000. This method ensures that each party pays their fair share of the damages based on their level of responsibility.

Effect on Settlements and Verdicts

Florida’s pure comparative fault system can significantly impact settlements and verdicts in personal injury cases. This system allows injured parties to recover damages even if they are partially responsible for their injuries, which can lead to higher settlements and verdicts.

However, it also provides defendants with the opportunity to reduce their liability by proving that the injured party was partially responsible for their injuries. This can result in lower settlements and verdicts. Overall, Florida’s pure comparative fault system provides a fair and equitable way to allocate fault and damages in personal injury cases, balancing the interests of both plaintiffs and defendants.

Why Florida Uses Comparative Negligence

The pure comparative negligence rule encourages fairness by allowing injured parties to recover compensation even if they’re partially responsible for an accident. Florida’s transition to a modified comparative negligence system ensures a fair distribution of financial responsibility based on each party’s level of fault. This system:

• Distributes Financial Responsibility: Each party is responsible for their portion of fault, which reduces the burden on any single party.
• Promotes Accountability: Comparative negligence considers each person’s contribution to the accident, ensuring that damages are assigned fairly.
• Increases Access to Compensation: Under pure comparative negligence, injured parties are not barred from seeking compensation, even if they share fault.

Difference Between Pure and Modified Comparative Negligence

It’s important to understand that not all states use the same comparative negligence system. There are two primary types:

• Pure Comparative Negligence Standard (used in Florida): Allows an injured party to recover damages even if they are 99% at fault under the pure comparative negligence standard. Compensation is reduced only by the party’s percentage of fault.
• New Modified Comparative Negligence: Used in some states, this system limits recovery if the injured party’s fault reaches a certain threshold, typically 50% or 51%. Florida’s new modified comparative negligence law prohibits recovery for those found to be primarily responsible for their own harm.

Protecting Your Rights in a Comparative Negligence Case

Understanding Florida’s comparative negligence rule is essential for pursuing fair compensation after an accident. It is important to note that the recent changes in Florida’s comparative negligence laws do not apply to cases of medical negligence, which are governed by distinct provisions. If you believe you may share partial fault, contacting an experienced attorney can help:

• Ensure Accurate Fault Assessment: An attorney can help gather evidence to support your case and challenge any unfair fault assignments.
• Maximize Compensation: A lawyer can advocate for a fair settlement or award, even if you bear partial responsibility for the accident.
• Negotiate with Insurance Companies: Insurance adjusters may attempt to assign a higher fault percentage to minimize their payout. An attorney can negotiate on your behalf to secure a fair result.

If you’ve been injured in an accident and believe you may share partial fault, contact Rosen Injury Law at 954-787-1500. Our team can help you understand your rights under Florida’s comparative negligence rule and work to secure the compensation you deserve.

Related Content:

• What is Considered Negligence in a Florida Personal Injury Lawsuit?
• How Does Comparative Negligence Affect My Personal Injury Claim in Florida?
• How is Negligence Determined in Florida Car Accidents?
• Can You Sue the State of Florida for Negligence?