In an ideal personal injury case, the defendant will be found completely
at fault and liable for the injuries you sustained from an accident. There
are some cases, however, where the court will find that you are partially
responsible for your own injuries. When more than one party is found liable,
Florida’s comparative negligence law is applied.
Comparative negligence can affect the amount of compensation you can receive
from the other individuals or businesses involved in your personal injury
claim. Florida follows a “pure comparative negligence rule,”
meaning your compensation will be reduced be the amount that is equal
to your percentage of fault in the accident.
In a hypothetical situation, if you’re in a car accident involving
another driver running a red light but you were driving at speeds above
the legal speed limit, the court may find you 10 percent responsible for
your injuries – while the other driver who ran the red light is
90 percent to blame. If your damages amount to $5,000 the compensation
you receive will be cut by 10 percent.
Some examples of when comparative negligence would be applied include:
- A speeding car is driving at night and hits another car whose headlights
were not turned on
- A car accident involving two cars – one of which ran a red light
while the other made an illegal turn.
Injured in an Accident? We Can Help
If you’ve been injured in an accident and believe you are somewhat
liable, you still need to retain effective legal counsel. Our West Palm
Beach personal injury attorneys at the Law Offices of Craig Goldenfarb,
P.A. have experience in pursuing a number of claims and we will tirelessly
work towards determining liability with your case.
We are available 24/7. To learn more about your case, call us at (561)
600-5605 or request you
free consultation online.