At Dermer Law Firm in West Palm Beach, Florida, we specialize in personal injury cases, ensuring our clients receive the justice and compensation they deserve. One crucial aspect of personal injury law that every Floridian should understand is comparative negligence. This legal principle can significantly impact the outcome of a personal injury claim. In this article, we’ll explore what comparative negligence is, how it works in Florida, and what it means for your personal injury case.
What is Comparative Negligence?
Comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. In personal injury cases, it determines how much each party is at fault for the incident and adjusts the compensation accordingly. This means that even if you are partially responsible for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault.
Florida’s Pure Comparative Negligence Rule
Florida follows the pure comparative negligence rule. Under this rule, you can seek compensation for your injuries even if you are 99% at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 30% at fault, you will receive $70,000.
How Comparative Negligence Affects Personal Injury Cases
Understanding comparative negligence is crucial in personal injury cases for several reasons:
- Determining Liability: In any accident, determining who is at fault is key. Comparative negligence allows for a more nuanced assessment of liability, considering the actions of all parties involved.
- Calculating Damages: The principle directly affects the amount of compensation you can receive. Your damages will be adjusted based on your degree of fault, impacting your financial recovery.
- Negotiating Settlements: Knowledge of comparative negligence can strengthen your position during settlement negotiations. Both parties will consider the potential fault distribution when agreeing on a settlement amount.
Common Examples of Comparative Negligence in Florida
To better understand how comparative negligence works, let’s look at a few common scenarios:
- Car Accidents: If you are involved in a car accident where the other driver ran a red light but you were speeding, both parties may share fault. Your compensation will be reduced by the percentage of your fault.
- Slip and Fall Accidents: Suppose you slip and fall in a store due to a wet floor, but you were looking at your phone and not paying attention. The store might be partially at fault for not placing a warning sign, but you might also share responsibility for not being aware of your surroundings.
Why You Need a Skilled Personal Injury Attorney
Navigating the complexities of comparative negligence requires expertise and experience. At Dermer Law Firm, our skilled personal injury attorneys in West Palm Beach are well-versed in Florida’s comparative negligence laws. We work diligently to ensure that fault is accurately assessed and that our clients receive the maximum compensation possible.
Comparative negligence can significantly impact the outcome of your personal injury case in Florida. Understanding how this principle works and how it affects your compensation is crucial. If you’ve been injured in an accident and are unsure about your level of fault, contact Dermer Law Firm in West Palm Beach. Our dedicated team is here to guide you through the legal process and fight for the compensation you deserve.
Contact Us
If you or a loved one has been injured in an accident, don’t hesitate to reach out to Dermer Law Firm. Our compassionate and experienced attorneys are here to help you navigate the complexities of personal injury law. Contact us today for a free consultation.
By understanding comparative negligence, you can better protect your rights and secure the compensation you deserve. Let Dermer Law Firm be your trusted advocate in your personal injury case.
