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Insurance companies frequently use allegations of comparative negligence to lower payouts on valid claims. However, there are critical ways that an experienced Fort Myers personal injury attorney can help define liability clearly and counter allegations of shared blame.
Let’s look at what comparative negligence means, and how it impacts personal injury cases in Florida and elsewhere.
What Does Comparative Negligence Mean?
Comparative negligence is a legal doctrine that may reduce a plaintiff’s ability to recover damages in a negligence lawsuit. It means that if a person injured in an accident is also partially at fault for the incident, their settlement or award will be diminished in proportion to their percentage of responsibility.
Comparative negligence can significantly impact a personal injury accident settlement by reducing the total value of the claim.
Under comparative negligence, if the injured person is partially at fault for the accident in any way, their settlement will be reduced in proportion to their percentage of responsibility.
So, if a claimant is found to be 25% at fault, the maximum settlement would only be 75% of full damages.
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Comparative Negligence Example
Jane was shopping at the grocery store when she slipped on a puddle of liquid. She fell and fractured her wrist, requiring a cast and physical therapy. Her medical bills totaled $8,000.
Store security video revealed the spill had been on the floor for 10 minutes before Jane’s slip and fall accident.
However, the footage also showed Jane talking on her phone and not looking down as she rounded the corner into the aisle. It was determined Jane was 20% at fault for the fall, as she failed to watch where she was walking. The store, which had not cleaned the spill promptly, was found 80% at fault.
Under comparative negligence, she could only collect 80% of the damages, since she was 20% responsible. 80% of $8,000 is $6,400. Therefore, the most Jane could recover from the store in a settlement or lawsuit would be $6,400 due to her percentage of comparative fault.
How Does Comparative Negligence Work in Florida?
According to Florida law as of 2023, in a negligence case where comparative negligence applies, a plaintiff cannot recover any damages if they are found to be more than 50% responsible for their own harm. This does not include medical malpractice cases.
In other words, in all negligence lawsuits except those involving medical malpractice, if the plaintiff is deemed over 50% at fault, they cannot receive any compensation.
Previously in Florida, under pure comparative negligence, a plaintiff could still get damages even if more than 50% at fault- the amount would just be reduced by their portion of fault.
Click To ContactHow a Lawyer Can Help
Insurance companies will often argue the victim shares some blame in order to decrease their payout. It’s important to have legal representation to defend you against these assumptions. The goal is to protect your rights and reduce or eliminate any of the blame you share in the accident.
Evidence Gathering
An experienced attorney can thoroughly investigate liability by gathering and analyzing evidence like security camera video, and eyewitness interviews. This evidence can help prove the incident wasn’t your fault.
Strategic Planning
The lawyer also evaluates all potential counter-arguments for comparative negligence the defense could make based on accident details and the injury victim’s actions. This preparation helps to form the basis of a solid case.
Defense Against Shared Liability Claims
We work to directly rebut any notions of shared liability through expert evidence, legal motions if needed, and persuasive settlement negotiations.
Addressing comparative negligence head-on helps maximize the potential value recovered from an accident claim. Your personal injury lawyer will work to defend you against any allegations of fault to help preserve the amount of compensation you receive.
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Navigating comparative negligence is easier when you have knowledgeable legal representation. Dealing with insurance companies alone can be intimidating, as they will look for any opportunity to reduce payouts. The experienced personal injury attorneys of Viles & Beckman understand comparative negligence laws inside and out.
With us on your side, you will have powerful advocates in your corner working to obtain every dollar you deserve in compensation. We offer free consultations to discuss your matter. We will carefully assess liability and damages to give you a clear picture of the value of your claim.
Don’t delay in getting the advice you need – contact us today so we can start defending your rights. Together, we’ll pursue the maximum financial recovery available.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
