Personal Injury Lawsuit: Negligence Rule

Posted on Tuesday, May 4th, 2021 at 5:55 pm    

Each state has its own laws with regards to personal injury and liability. This article will discuss a summary of some of the state of Florida’s laws that affect a personal injury case. When filing a personal injury lawsuit after an accident in Florida, it is important to be know some state laws. Such laws directly affect aspects of your personal injury lawsuit.

Personal Injury Lawsuit: Comparative Negligence Rule

There are some cases whereby the person you are trying to hold accountable for your injuries, blames you too. It may be that they say you’re to blame, partly or fully, for causing the accident leading to your injuries. Or they might even say that you are responsible, partly or fully, for making you injuries worse. If it is determined that you do share some of the fault this directly affects the amount of compensation.

The state of Florida follows a pure comparative negligence rule in such cases. This rule basically states that compensation to be received will be reduced by their percentage of fault for the accident. Thus, how much fault is assigned to you limits your compensation.

For example:

If you are in a car accident where the other driver ran a red light. But you were traveling a few miles above the posted speed limit. It is likely that you will share 10% of the blame for the accident. While the other driver would be 90% to blame. Let’s say your damages add up to $10000. Under comparative negligence rule your compensation would be reduced to $9000. $1000 deduction accounts for your being 10% to blame for the accident.

The comparative negligence rule doesn’t only affect Florida courts but insurance adjusters use the same rule when handling injury cases.

For legal advice and representation on your personal injury claim contact a renowned law firm of personal injury lawyers. Speak to the Vinson Law Office today for a free initial consultation.


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