Florida is a pure comparative fault state. Pure comparative fault is also referred to as simply “comparative fault” or “comparative negligence”. Pure comparative fault as it is practiced in Florida means that the percentage of fault assigned to each driver in a motor vehicle accident or other personal injury case is an important factor in determining how much compensation you may recover for your damages.
What Does Comparative Fault Mean?
Comparative fault means that your financial recovery in a personal injury accident can be reduced by any percentage of fault that is assigned to you. It also means that even if you have been found to be primarily at fault, you can still recover compensation for any percentage of fault that can be assigned to the other driver.
For example, suppose an accident results in $100,000 in damages. If the other driver was 90 percent at fault and you were 10 percent at fault, you could recover $90,000 from the other driver. If the other driver was 10 percent at fault and you were 90 percent at fault, you could still recover $10,000 from the other driver.
After a car accident, anything you say to the insurance company of the other driver could be used to assign comparative fault to you – and potentially reduce your compensation from a personal injury lawsuit. Therefore, you should not say anything to the insurance company of the other driver without a lawyer’s advice.
A lawyer will be able to discuss with you your potential liability and be able to advise you on how to best maximize your recovery. Florida’s comparative fault law will not prevent you from recovering after a car accident, however, it can affect the amount of compensation you win in a case.
What is the Difference Between Pure Comparative Fault and Modified Comparative Fault?
Modified Comparative Fault and Pure Comparative Fault are similar legal standards practiced in different states throughout the country. That being said, the major difference between the two is that Modified Comparative Negligence limits an injured plaintiff’s ability to recover compensation from the defendant at a certain percentage of assigned fault, usually 50 or 51 percent, whereas Pure Comparative Fault does not. Modified Comparative Fault is not practiced in the state of Florida.
What about Contributory Negligence?
Contributory Negligence is a legal standard that keeps an injured plaintiff from recovering compensation for any damages inflicted by the defendant in a personal injury claim. This legal standard is practiced in the following jurisdictions; Maryland, Alabama, North Carolina, Virginia, and the District of Columbia (Washington D.C.) Contributory Negligence is not practiced in the state of Florida and is not to be confused with Florida’s statute of Pure Comparative Fault.
More Questions About Comparative Fault?
For more information about auto accidents in Florida, call Hancock Injury Attorneys at 813-534-6929 or e-mail. You can also read more about the specifics of the comparative fault statute in Florida by clicking here.