Florida is known for its beautiful weather, stunning coastlines, and vibrant lifestyles, but there’s another side to the Sunshine State that isn’t often discussed. The state sees an exorbitant number of personal injury cases annually. With over 400,000 car accidents reported each year, Florida also accounts for countless slips and falls and other unexpected injuries due to someone else’s negligence.
In such cases, understanding comparative negligence is crucial for anyone considering filing a personal injury claim.
What is Comparative Negligence?
Comparative negligence is a legal doctrine used in personal injury lawsuits to apportion fault among the parties involved in an accident. Essentially, it allows a court to assign a percentage of blame to each party based on their actions leading up to the incident.
In Florida, the law follows a “modified comparative negligence” model, which means that even if you are found to be partially at fault for your injury, you can still recover compensation. However, the amount you can recover will be reduced by your percentage of fault.
More importantly, Title XLV, Chapter 768.81(6), states, “In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.”
This means that if you are judged to be more than 50% at fault for the accident, you cannot recover damages.
The Role of Comparative Negligence in Florida Personal Injury Claims
In Florida, comparative negligence is particularly important when establishing liability in personal injury cases. For instance, if you are involved in a car accident and it is determined that you were 30% at fault for the accident (perhaps by not signaling during a lane change), and the other driver was 70% at fault, you can still win a compensation claim. However, if your total damages are $100,000, you would only be entitled to 70% of that amount, equating to $70,000.
This contrasts with many other states that use “contributory negligence,” where even a minimal amount of fault on the part of the injured party can completely bar recovery of any damages. The ability to recover compensation even with shared fault makes Florida’s laws more favorable to victims of negligence.
However, partnering with an experienced Florida Personal Injury Lawyer is vital, as they can work to minimize your liability and keep it below the 50% level, which eliminates the viability of your claim.
The Frequency of Personal Injury Cases in Florida
Given the high number of accidents and incidents stemming from negligence, the need for legal representation in personal injury claims in Florida is more important than ever. Each year, victims of personal injuries face emotional, physical, and financial challenges that can be overwhelming without adequate support. According to recent statistics, Florida has a significant number of personal injury cases related to car accidents (702,162 in 2024), slip and falls (90,610 in 2024), and other various forms of negligence.
Choosing the right personal injury lawyers is critical when navigating this complex landscape. The attorneys at Parrish & Goodman, Attorneys at Law, understand that every case is unique. We pride ourselves on treating each client with personal attention, sympathetic understanding, and complete professionalism. Our attorneys possess extensive experience handling personal injury claims throughout Florida and are dedicated to securing the highest possible compensation for our clients.
How Parrish & Goodman Can Help
When you are facing the aftermath of an injury due to someone else’s negligence, you deserve a team that will advocate fiercely on your behalf. At Parrish & Goodman, we take the time to understand every facet of your case, paying careful attention to the circumstances surrounding your accident, your injuries, and how they have impacted your life. We believe that effective legal representation should not be one-size-fits-all; your situation is unique, and we treat it as such.
Understanding the nuances of comparative negligence is key in personal injury situations. We can help gather evidence, work with expert witnesses, and conduct thorough investigations to strengthen your case. Our goal is to maximize your compensation while guiding you through the legal process every step of the way, ensuring you don’t feel overwhelmed.
Comparative Negligence FAQs
What happens if I am partially at fault for my injury in Florida?
In Florida, being partially at fault does not prevent you from collecting damages. Your total compensation will simply be reduced by the percentage of fault assigned to you.
How is my percentage of fault determined?
Fault is determined based on evidence and the circumstances surrounding the incident. Insurance adjusters and juries may consider police reports, witness statements, and expert analyses during their assessments.
Can I still pursue a claim if I was found to be more than 50% at fault?
No. Florida’s modified comparative negligence law does not allow you to recover damages if your fault exceeds 50%.
What kind of evidence do I need to support my claim?
Evidence can include medical records, photographs of the accident scene, eyewitness testimonials, police reports, and any pertinent documentation that illustrates how the other party’s negligence caused your injuries.
Should I consult an attorney if I am unsure about my case?
Yes, consulting with an experienced personal injury attorney is beneficial even if you are unsure about the merits of your case. An attorney can help evaluate your situation, advise you on your rights, and outline your options for pursuing compensation.
Get Experienced Help from a FL Personal Injury Attorney
At Parrish & Goodman, we are dedicated to fighting for personal injury victims in Naples, Fort Myers, and across Florida. If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to reach out for a consultation. The right legal team can make all the difference in pursuing the justice and compensation you deserve.
