Understanding Comparative Negligence Laws in Florida

Cases involving personal injury accidents can be complicated to understand, especially in cases where the injury victim themselves may be partially liable for their injuries. When faced with such a situation, the courts resort to Florida’s comparative negligence laws.

Florida Follows Modified Comparative Negligence

When two or more parties are partially liable/responsible for causing an accident, a jury must determine the amount of liability each person’s conduct played. Each person is assigned a percentage of fault for the accident and as a result, the injured party’s recovery can be reduced by their percentage of fault. 

Florida’s modified comparative negligence law prohibits a victim who is primarily responsible for an accident from recovering compensation. In other words, a victim who is found to be 51 percent to blame for their injuries will not receive compensation.

An injured party who is less than 50 percent at fault for the accident will have their recovery reduced according to their percentage of fault. For example, if you were 25 percent responsible for your slip and fall injuries and obtained a verdict of $50,000.00, your total recovery would be reduced to $37,500.00 prior to payment of medical bills, costs, and attorneys fees. 

In situations where there is comparative negligence, part of your Florida plaintiff’s injury lawyer’s job is to minimize the amount of fault apportioned to you. Doing so is essential to ensuring you receive the maximum amount of compensation possible for your claim.

Call Shrader, Mendez & O’Connell for Assistance with Your Case

If you or a loved one has been injured in a slip and fall incident or other personal injury accident, call Shrader, Mendez & O’Connell at 813-360-1529. Our experienced Tampa injury lawyers will work to help you recover the compensation you need and deserve when another person’s careless actions cause you harm.