Comparative Negligence Law Florida

  • personal injury law Florida

When You’re Partially at Fault for Your Accident

Sometimes people who have been injured in an accident do not fight for compensation because they believe they were partially responsible for their car accident or other accident where negligence was shared. When you’ve been injured in any accident, it is very important that you speak with a personal injury attorney who understands Florida’s personal injury laws. In a case where more than one person is negligent, Florida’s comparative negligence laws will apply. You’ll need an aggressive and experienced personal injury lawyer to protect your best interests.

What is Pure Comparative Negligence in Florida?

Comparative Negligence Law in Florida was established in 1973 in an effort to be fair to accident victims. Frequently accidents can be the fault of more than one person, thus The law was established to allow  the injured victim to recover damages based on their percentage of fault. A good example of comparative negligence is when you have been involved in a multi-car accident. The “pure comparative fault” system allows for the injured to seek compensation, even if they were “mostly” at fault.

Florida Statutes 768.81 states; EFFECT OF CONTRIBUTORY FAULT  In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. In other words, if you are injured in an auto accident or any other type of accident where you were partially at fault, you are still entitled to compensation under Florida personal injury laws. 

APPORTIONMENT OF DAMAGES.—In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.
Source www.leg.state.fl.us/statutes

“In Florida when you are injured in a car accident, trucking accident or motorcycle accident you must be able to prove liability, and that the other party was negligent in oder to sue for damages. But even if you were also at fault, it does not mean you do not have a case.”

Injured in a Car Accident or Slip & Fall, Don’t Hurt Your Chances for Recovery

Simply put, if you were at fault to some degree in a motor vehicle accident, motorcycle accident, boating accident , pedestrian accident or even a slip and fall accident, your settlement or recovery amount will decrease according to the percentage of negligence or “fault” that is determined. Therefore, it is extremely beneficial to hire an experienced Florida personal injury attorney to represent you when you’ve been injured in an accident, but particularly in comparative negligence cases.  Remember, speaking to a personal injury lawyer before you make statements to your insurance company or other parties involved is highly recommended because saying the wrong thing can decrease compensation and hurt your claim.

Pasco to Citrus County Florida Personal Injury and Car Accident Trial Lawyer Fighting for the Injured.

So, regardless of whether or not you were at fault and even if you bear a large percentage of fault in an accident, a skilled personal injury attorney will prove beneficial in any accident injury claim or lawsuit. Attorney Wendy Doyle-Palumbo will represent you through the process of establishing who was at fault and to what extent while protecting your rights under Florida’s Personal Law. As a seasoned trial lawyer Wendy Doyle-Palumbo understands what it takes to prove your credibility to the car insurance companies or in front of a jury.

24/7 Pasco County Florida Personal Injury AttorneyQuestions for a Pasco County Florida Car Accident Attorney?

Attorney Doyle-Palumbo is a compassionate, aggressive personal injury attorney in the West Central Counties of Tampa Bay. If you need an accident attorney in New Port Richey, Holiday, Hudson in Pasco or a motorcycle or car accident attorney in Hernando, Citrus County, FL, Attorney Doyle can help. For decades, Wendy has aggressively fought for the injured and is a trusted Pinellas County, FL personal injury attorney and use the form below to ask a question or simply call 727-233-2134.  Attorney Doyle-Palumbo offers home and hospital visits to accident victims and all calls are answered 24/7.



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