When it comes to personal injury cases in Florida, comparative negligence plays a significant role in determining compensation. Florida follows a “pure comparative negligence” rule, which means that compensation can be adjusted based on each party’s degree of fault in an accident. Karla Lopez-Fernandez, a Miami-based personal injury lawyer, explains what comparative negligence means for your case and how it impacts compensation.
What is Comparative Negligence?
Comparative negligence is a legal principle that allows a person to recover damages even if they are partially at fault for the accident. In Florida, the “pure comparative negligence” rule applies, which means that compensation is awarded based on the percentage of fault assigned to each party. If you are 20% responsible for the accident, your compensation will be reduced by that percentage.
Example of Comparative Negligence in Action:
- Suppose you are involved in a car accident where the total damages amount to $50,000.
- If you are found 20% at fault, you would be entitled to 80% of the damages, or $40,000.
- This rule ensures that both parties are accountable for their actions while still allowing victims to recover damages.
How Comparative Negligence Impacts Compensation
Under Florida’s pure comparative negligence rule, your compensation decreases in proportion to your fault. Understanding this principle is crucial, especially when insurance companies or opposing parties attempt to assign more blame to reduce your claim’s value. An experienced personal injury lawyer like Karla Lopez-Fernandez can advocate on your behalf to minimize your percentage of fault and maximize your compensation.
Factors that May Influence Fault Determination:
- Traffic Violations: Running a red light, speeding, or failing to yield can impact your fault percentage in car accidents.
- Evidence from the Scene: Photos, witness statements, and video footage provide a clearer picture of the incident.
- Statements to Insurance Adjusters: It’s important to avoid admitting fault in any way when speaking with adjusters.
Examples of Comparative Negligence Cases in Florida
- Car Accidents: In a car accident, multiple drivers can share responsibility. For example, if one driver was speeding, and the other failed to signal, both may bear a portion of the fault.
- Slip and Fall: If a person slips in a store but was distracted or ignored a visible warning sign, they might share partial responsibility for their injuries.
- Medical Malpractice: In complex cases where multiple healthcare providers are involved, each provider’s level of responsibility may be determined based on their role in the injury.
How a Personal Injury Lawyer Can Help with Comparative Negligence
Determining fault can be complicated, and insurance companies may try to assign more blame to reduce their payout. Karla Lopez-Fernandez can build a strong case by gathering evidence, consulting experts, and negotiating effectively with insurance companies to lower your fault percentage.
Key Strategies for Reducing Fault:
- Gather Strong Evidence: Documentation, witness statements, and expert opinions strengthen your case.
- Consult an Expert: Experts in accident reconstruction or medicine can provide credible insights into fault.
- Handle Communications Carefully: Avoid making statements that could be used to increase your fault percentage.
Conclusion
Understanding Florida’s comparative negligence law is essential for personal injury cases, as it directly impacts the compensation you can recover. By working with a knowledgeable lawyer like Karla Lopez-Fernandez, you can minimize your fault percentage and ensure you receive fair compensation. Contact Karla Lopez-Fernandez today to learn more about how comparative negligence may affect your case and to discuss your options for maximizing recovery.
