In order to collect compensation for your injuries in a personal injury case you must show that the defendant was negligent. Negligence means that the defendant failed to exercise the care that a reasonable person would in similar circumstances. Some cases are straightforward. For example, if you are stopped at a red light and another driver crashes into your car from behind because he was distracted by his cell phone conversation, then this is a fairly clear case of the other driver being 100% at fault.
What happens if the facts are different from the above example and you are partially to blame? Florida follows the rule of pure comparative negligence. This means that the jury decides what percentage at fault you are and then decreases your recovery by that percentage. For example, if you are injured in a serious car accident in Miami and have total damages of $100,000 (medical bills, lost wages, pain and suffering) and the jury determines that you are 25% at fault, then you will recover $75,000 (100,000 – 0.25 x 100,000).
Florida’s comparative negligence approach to personal injury cases is better for plaintiffs than the contributory negligence approach followed by some states. In the states following the traditional rule of contributory negligence, such as North Carolina, the plaintiff is barred from recovering if he is at fault at all – even just 1% at fault.
If you have been injured in an accident that was partially your fault, you still may be entitled to compensation. Contact Lavent Law for a free case evaluation. Personal injury attorney Boris Lavent will meet with you at his office, your home, or hospital. You will never be responsible for any fees or costs unless there is a recovery in your case. Lavent Law serves clients in Miami, Aventura, and throughout Florida.
What happens if the facts are different from the above example and you are partially to blame? Florida follows the rule of pure comparative negligence. This means that the jury decides what percentage at fault you are and then decreases your recovery by that percentage. For example, if you are injured in a serious car accident in Miami and have total damages of $100,000 (medical bills, lost wages, pain and suffering) and the jury determines that you are 25% at fault, then you will recover $75,000 (100,000 – 0.25 x 100,000).
Florida’s comparative negligence approach to personal injury cases is better for plaintiffs than the contributory negligence approach followed by some states. In the states following the traditional rule of contributory negligence, such as North Carolina, the plaintiff is barred from recovering if he is at fault at all – even just 1% at fault.
If you have been injured in an accident that was partially your fault, you still may be entitled to compensation. Contact Lavent Law for a free case evaluation. Personal injury attorney Boris Lavent will meet with you at his office, your home, or hospital. You will never be responsible for any fees or costs unless there is a recovery in your case. Lavent Law serves clients in Miami, Aventura, and throughout Florida.
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