Comparative Negligence and Florida Injury Claims

The majority of U.S. states follow a form of comparative negligence laws when it comes to personal injury claims. Thirty-three states follow a modified comparative negligence rule, where an injured party may be found up to 49% liable for the accident (for 50% rule states), and 50% liable for the accident (for 51% rule states) and still collect damages.

Florida is one of the 13 states that follow the law of pure comparative negligence. This means that the party which initiates the personal injury claim can be found almost completely at fault for the accident and still recover a percent of the damages.

Generally, it will be difficult to reach a settlement offer for an injury claim which finds the plaintiff with an extremely high degree of fault. An experienced St. Petersburg injury lawyer will be able to give difficult cases such as these the support needed to work toward a possible settlement.

Of course, you always want to be able to prove that you were not at fault at all for your accident, as the higher your degree of fault is, the more your settlement will be reduced. The degree of fault equals the amount your settlement is reduced by if you win your injury claim. For example, a $100,000 settlement in a case in which you were 20% at fault will result in you receiving $80,000 in damages.

Knowing how the comparative negligence laws in Florida apply to your injury claim is important, especially when it comes to estimating your settlement as your case progresses. A St. Petersburg injury lawyer can also assist you in explaining the differences between comparative and contributory negligence laws in various states, should you be injured while traveling and seek to file suit when you return home to Florida. 

Contacting a St. Petersburg Injury Lawyer

Proving fault in a Florida personal injury claim is important in determining the amount you can collect from your settlement. When you are seeking to file an injury claim in the St. Petersburg area, order our complimentary consumer guide, Your Guide to Accident Claims in Florida: Don't Wreck Your Injury Case or contact a St. Petersburg injury lawyer at the Law Offices of William K. Saron - 727-345-4566 or 866-836-4947.