FAQs on Comparative Negligence in Florida Car Accident Cases
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.
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