Different states have different laws,which is why it’s important to hire apersonal injury lawyer experienced in the state laws that pertain to the case. When a person is injured due to the negligence of another,if that negligence can be proven,that person is entitled to financial compensation from the at-fault party. However,when negligence is shared,claims can get more complicated. Understanding Florida negligence laws means understanding how negligence can be shared.
What is Pure Comparative Negligence
Florida operates under pure comparative negligence laws that divide the negligence of an accident amongst the individuals involved. The shared negligence is apportioned in percentages,so that if the at-fault individual’s actions are proven to be 70-percent negligent,there is still 30-percent negligence shared by the other involved individual(s).
This is significant because an individual’s share in the negligence determines the recovery amount they receive in a personal injury claim. The higher the negligence designation,the lower the amount they are entitled to receive in compensation.
Florida adopted the pure comparative negligence law in 1973. The assumption behind pure comparative negligence is that accidents are not always clear-cut; that sometimes,they are the result of a number of actions made by more than one individual. There are three main classifications under which negligence is considered to have taken place:
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If the individual who caused your injury had a duty to not injure you,but he or she did
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If the individual’s duty was connected to your injury
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If the individual failed to meet his/her duty and that failure resulted in your injury
Understanding Florida negligence laws means understanding the nature of negligence,how to prove it,and how it can be apportioned amongst individuals.