If you’ve been injured in an accident in Florida, you might be wondering how fault is determined and how it affects your potential compensation. Florida follows a legal principle called comparative negligence, which can significantly impact the outcome of personal injury claims. Understanding how this rule works can help you better navigate the claims process and protect your right to fair compensation. At The Black Law Company, we want to help you make sense of the law so you know what to expect if you decide to pursue a claim.
What Is Comparative Negligence?
Comparative negligence means that fault can be shared between multiple parties involved in an accident. In Florida, a person’s compensation is reduced by their percentage of fault. For example, if you’re found 20% responsible for an accident and your damages total $100,000, you would receive 80%—or $80,000. This principle applies whether you’re dealing with a car accident, a slip-and-fall incident, or even a more complex liability case.
How Does Comparative Negligence Apply to Personal Injury Cases?
This rule applies to various personal injury claims, including car accidents, slip-and-fall incidents, and more. Insurance companies often use this law to minimize their payouts, so having a knowledgeable personal injury attorney on your side can make a significant difference. Adjusters may try to argue that you share more fault than you actually do, which is why having legal representation is so crucial.
Recent Changes to Florida’s Negligence Law
In 2023, Florida implemented a modified comparative negligence system. Now, if you are found more than 50% at fault, you cannot recover any compensation. This change underscores the importance of gathering solid evidence and presenting a strong case. Even if you believe you were partially at fault, you might still be eligible for compensation if your percentage of blame remains under the 50% threshold.
Why You Need a Tampa Personal Injury Lawyer
Determining fault isn’t always straightforward. Insurance adjusters may try to shift more blame onto you to reduce their liability. The Black Law Company has a deep understanding of Florida’s personal injury laws and can help protect your rights. Our experienced team will thoroughly investigate your case, gather evidence, and advocate on your behalf to ensure that fault is assigned accurately.
If you’ve been injured in Tampa, don’t leave your compensation to chance. Call The Black Law Company at 813-321-7380 for a free consultation. Let us help you navigate Florida’s comparative negligence law and fight for the compensation you deserve.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a car accident attorney Temple Terrace FL. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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