When it comes to Personal Injury Settlements in Florida, understanding how “comparative negligence” works is essential. Many accident victims assume that if they share any blame for an accident, they cannot recover compensation. However, Florida’s comparative negligence rule allows injured parties to still seek damages — even if they were partially at fault.
What Is Comparative Negligence?
Comparative negligence is a legal principle that divides fault among all parties involved in an accident. In other words, if you contributed to your own injuries, your compensation may be reduced based on your percentage of fault.
For example, if a jury determines that your total damages amount to $100,000 but finds you 20% responsible for the accident, your Personal Injury Settlement would be reduced to $80,000. This system ensures that liability is distributed fairly among everyone involved.
Florida’s Modified Comparative Negligence Rule
In 2023, Florida adopted a modified comparative negligence system under House Bill 837. This means that if you are found more than 50% at fault for an accident, you cannot recover any damages. Previously, under the pure comparative negligence rule, you could still receive compensation even if you were 90% responsible. The change now makes determining fault a critical factor in every personal injury case.
Why Legal Representation Matters
Insurance companies often take advantage of comparative negligence to reduce the value of Personal Injury Settlements. They may argue that you share more blame than you actually do, which can significantly impact your final compensation. That’s why having an experienced Florida personal injury attorney, like Kearney Law, can make a major difference.
At Kearney Law, we carefully investigate every detail of your case — from accident reports and witness statements to medical records — to establish a strong claim. Our goal is to minimize your assigned fault and maximize your settlement amount.
Conclusion
Comparative negligence can make Personal Injury Settlements more complex, but it doesn’t mean you have to accept less than you deserve. If you’ve been injured in an accident in Florida, understanding how fault is calculated is key to protecting your rights.
Kearney Law stands ready to guide you through the process, negotiate with insurance companies, and fight for the fair compensation you are entitled to. Contact Kearney Law today for a free consultation and let our experience work for you.
This post was written by a professional at Kearney Law. At Kearney Law, we’re dedicated to delivering personalized legal guidance that puts your needs first. Whether you’re looking for Personal Injury Attorney Brandon FL, a real estate attorney near you, a probate attorney near you, or a title attorney near you, our team is ready to provide the focused representation you deserve. We recognize that every client’s situation is different, which is why we take the time to understand your case and craft strategies that align with your goals. With a commitment to protecting your rights and securing the best possible outcome, Kearney Law offers trusted legal support with the attention and care you won’t find just anywhere.