What Exactly is Comparative Negligence?

Comparative negligence is a legal doctrine used in personal injury cases to determine how liability (responsibility for the accident) is divided between parties based on their degree of fault. In simple terms, it allows a court to assign a percentage of fault to each party involved in an accident or injury, and this percentage affects how much compensation each party can receive.

How Comparative Negligence Works in Florida:

1. Determining Fault:

In a personal injury case, the court or insurance company assesses each party’s responsibility for the accident. Fault is divided into percentages (e.g., 20% for one party, 80% for another).

2. Reducing Compensation:

The injured party’s compensation is reduced by their percentage of fault. For example, if you are awarded $100,000 in damages but found to be 20% at fault, your compensation would be reduced by 20%, meaning you would receive $80,000.

3. No Bar to Recovery:

In Florida’s pure comparative negligence system, you can still recover damages even if you are mostly at fault for the accident (e.g., 90% at fault), though your recovery will be significantly reduced.

How Comparative Negligence Might Affect Your Case:

Premises liability is a legal concept that holds property owners and occupiers accountable for injuries that occur on their property due to unsafe conditions. For a business to be found liable for a slip and fall accident, several criteria must typically be met:

• Lower General Compensation: As stated before, If you are found to be partially at fault, your settlement or court award will be reduced proportionally. For instance, if you were 50% at fault, your compensation would be cut in half.
• Insurance Negotiations: Insurance companies may use comparative negligence to reduce the amount they are willing to pay. They might argue that you were partially responsible for the accident, which can affect settlement negotiations.
• Litigation: In cases where the parties can’t agree on fault percentages, the issue may be decided in court. The jury or judge will assign percentages of fault based on the evidence presented.
• Importance of Evidence: To minimize the percentage of fault assigned to you, it’s crucial to gather strong evidence (e.g., witness statements, photos, expert testimony) to demonstrate that the other party bears the majority of the responsibility.
• Higher Stakes for Minor Fault: Even if you are only slightly at fault (e.g., 10% or 20%), the comparative negligence rule can still lead to a significant reduction in your compensation.

Let the Fischetti Law Group Help You Fight the Insurance Company

Our firm offers FREE consultation, so if you believe you or a family member were a victim of a slip and fall caused by someone else’s negligence, or if you’re still unsure whether your case constitutes an accident, don’t hesitate to call us at 833-MIKE-247. You can also visit our Contact Page or Location.