When you are injured in Florida due to someone else’s negligence, then that person may be held liable for the injuries that you’ve sustained. This holds true after car accidents, work accidents, slip and fall accidents, and in cases of medical malpractice. Part of what will determine the success of your Florida personal injury claim is establishing negligence for your accident in accordance with Florida’s negligence laws.
Determining Negligence in Florida
In order to recover compensation in a Florida personal injury claim, you and your personal injury attorney must prove that you were the victim of someone else’s negligence and show how that negligence has negatively affected your life.
To establish accident liability, you must illustrate the following points:
- the person who caused your injury had a responsibility to not cause you harm, and
- that person did not fulfill that responsibility, and
- as a result of that negligence, you sustained injuries and other damages
If, however, your own actions also contributed to your injuries, then your compensation will be reduced by your own percentage of negligence.
For instance, let’s say you were injured in a car accident because of someone’s failure to stop at a traffic signal, but your own vehicle was pulled too far out into the intersection. In this hypothetical scenario, let’s go on to say that a court then determines that you were 20% responsible for that accident.
In such a case, your compensation would be reduced by your own percentage of fault, which was determined to be 20%. Therefore, if the court awarded you $100,000, then 20% would be deducted, and your award would be $80,000. This is known as Florida’s comparative negligence law.
If you have questions regarding Florida’s comparative negligence law, or if you want to file a Florida personal injury claim, you should get the professional help of a personal injury attorney. An attorney can investigate your case, determine liability, and explain your legal options for seeking compensation.