When an accident happens in Florida, determining who is at fault isn’t always straightforward. Often, more than one person contributes to a crash or injury. That’s where Florida’s comparative negligence system comes into play. Understanding how this system works can help you protect your rights and make better decisions after an accident.
What Is Comparative Negligence?
Comparative negligence is a legal rule used to assign fault when multiple parties share responsibility for an accident. Instead of one side being 100% liable, the court can divide fault between everyone involved.
For example, if you’re injured in a car crash and it’s determined that you were 20% at fault for speeding, your compensation could be reduced by that same percentage.
Florida’s Modified Comparative Negligence Law
Florida updated its negligence laws in 2023. Under the current modified comparative negligence rule, you can only recover damages if you are 50% or less at fault. If you’re found more than 50% responsible, you cannot recover compensation for your injuries.
This change makes it even more important for accident victims to gather evidence, document what happened, and speak with an attorney quickly.
Why This Matters for Accident Victims
Understanding comparative negligence is critical because it affects:
- Insurance Settlements: Insurance adjusters will often try to assign you more blame to reduce what they pay.
- Court Awards: Juries use fault percentages to decide how much compensation you receive.
- Legal Strategy: Your lawyer may need to prove the other party’s share of fault to maximize your recovery.
Tips to Protect Yourself After an Accident
- Call 911 and Seek Medical Help: Make sure injuries are documented right away.
- Gather Evidence: Take photos, collect witness names, and get a copy of the police report.
- Avoid Admitting Fault: Even casual remarks can be used against you.
- Speak With a Lawyer Promptly: Early legal guidance can preserve evidence and improve your outcome.
When to Seek Legal Help
Even with Florida’s comparative negligence system, proving fault is rarely simple. Insurance companies have teams of professionals whose job is to minimize payouts. Having an experienced attorney on your side can level the playing field.
At Hoskins, Turco, Lloyd & Lloyd, our injury lawyers understand Florida’s negligence laws inside and out. We investigate accidents thoroughly, challenge unfair blame, and fight to secure the compensation you deserve.
If you’ve been hurt in an accident in Florida, contact us today for a free consultation. We’re here to protect your rights and guide you every step of the way.
Call Hoskins, Turco, Lloyd & Lloyd today at 866-930-6435 for a FREE case review.