If you have been injured in an accident due to another party’s negligence, you have the right to pursue legal action. However, it’s important to understand the negligence statute Florida follows for determining personal injury cases as it can significantly impact the amount of compensation you can recover for your endured damages. Please continue reading to learn more about these matters and why connecting with our trusted Bradenton Personal Injury Lawyers is in your best interest.
What is the Negligence Statute in Florida?
In the United States, contributory and comparative negligence are principles that are commonly used to assign blame and award monetary damages to injured parties in personal injury cases. Under the contributory negligence doctrine, injured parties face the absolute bar of recovery if they were partially at fault for their injuries, regardless of how minor their contribution was. Only a handful of jurisdictions follow this rule. This means that even if you are just 1% at fault and the other party is 99% at fault, you will not be able to collect damages for your injuries.
Under the comparative negligence doctrine, injured parties can recover compensation for their damages even if they were partially at fault for their injuries. However, the amount they can receive is reduced by their percentage of fault. Florida is a modified comparative negligence state which means that if you are found to be no more than 50% at fault for the accident, your recovery will be reduced by the same proportion as your degree of fault. For instance, if you are found to be 20% at fault in an accident, you are still entitled to recover 80% of your damages. If, however, your percentage of fault is found to be 51%, you will face the absolute bar of recovery.
How Can This Impact My Case?
As mentioned above, Florida adheres to the 50 percent bar rule. This means if you are assigned 51% or more of the fault for an accident, you will not be able to recover compensation for your damages. If this is the case, you will find yourself fronting the expenses of your losses. As such, it’s in your best interest to enlist the help of an experienced lawyer who can help investigate the circumstances of the accident and gather evidence that proves you were not negligent in the accident. This will help ensure you can recover the maximum compensation you are entitled to.
If you have been seriously injured due to someone else’s negligence, it’s important to understand that you have the right to seek compensation. Navigating the claims process can be difficult. Don’t hesitate to contact an experienced Bradenton personal injury lawyer who can represent your interests and advise you on the best legal avenue for your recovery. Connect with the dedicated legal team at Becker & Lindauer, LLC, today to maximize your chances of attaining the just compensation you deserve.
