Injured? Dial #WIN or #946 from your cellphone for your free consultation or call 1-800-LAW-NEED.
Call Us 24/7
1-800-LAW-NEED
( 1-800-529-6333 )
We are open & here for you

FAQs on Comparative Negligence in Florida Car Accident Cases


May 05, 2020

The concept of comparative negligence can be difficult to understand, particularly when each state has its own rules on the subject. Review the below FAQs for information about car accident comparative negligence in the state of Florida. 

What does ‘comparative negligence’ mean?

“Comparative negligence” refers to a legal rule whereby injured claimants’ awarded compensation is reduced or eliminated because of their own responsibility for their injuries. 

What are the different types of comparative negligence?

  • Contributory Negligence – In states that follow the rule of contributory negligence, when plaintiffs are found at fault for their injuries to any degree, their recovery will be completely barred. These plaintiffs cannot recover anything.

  • Pure Comparative Negligence – In states that follow the rule of pure comparative negligence, when plaintiffs are found at fault for their injuries, their recovery will be reduced by their percentage of fault. These plaintiffs can recover monetary damages regardless of their level of blame.

  • Modified/Partial Comparative Negligence – In states that follow the rule of modified or partial comparative negligence when plaintiffs are found partially — but not primarily — at fault for their injuries, their recovery will be reduced by their percentage of fault. These plaintiffs can recover only if their level of blame does not exceed (or equal, in some states) the defendants’. 

What rule does Florida follow?

Florida is a pure comparative negligence state. 

How does comparative negligence work in a Florida car accident case?

In a Florida car accident trial, the judge or jury will determine the compensation to be awarded to the plaintiff, if any, and the percentage of blame for the car accident that the plaintiff shares, if any. The plaintiff’s award will then be reduced by the assigned percentage of fault. If a jury awards a plaintiff $100,000 and finds the plaintiff 30 percent to blame, the plaintiff’s award will be reduced by 30 percent ($30,000), making the total award $70,000. 

Put Our Law Firm's Legal Experience to Work For You! We Know What It Takes To Win!™

While we hope you are safe and never need our services, we are here to help you if you are involved in any type of accident or just have a question.  Call Montlick & Associates, Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries for over 36 years and our attorneys have recovered billions of dollars for our clients. We Know What It Takes To Win!™

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us nationwide 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or simply dial #WIN (#946) from your mobile phone. You can also visit us online at Montlick.com and use our Free Case Evaluation Form or Free 24-hour live chat.

Source:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.