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Florida Comparative Negligence and Personal Injury Cases: What You Need to Know

Florida follows a pure comparative negligence rule and you need to understand the basics of this rule to understand how negligence could impact your claim and the compensation you can seek. When you sit down with an attorney from Flaxman Law Group at our Miami, Homestead, or Hollywood offices, we’ll be looking at comparative negligence and how it could impact your potential case.

It doesn’t matter whether your injuries were caused by a workplace injury, car accident, slip and fall, or other situation. Comparative negligence needs to be considered.

What Is Negligence?

Negligence refers to the idea that people in some cases have a duty to take reasonable care to prevent others from coming to harm. For example, a doctor has a duty of care to his patients and a motorist has a duty to others on the road.

If someone fails to take the basic steps needed to avoid harming others and they had a basic duty of care to others, they can be said to be negligent. For example, if a homeowner has a pool and fails to place a fence and gate around that pool to prevent children from wandering into the water, that property owner can be said to be negligent if a child falls into the pool and is injured.

What is Comparative Negligence in Florida?

In Florida, comparative negligence means the possible fault of most cases is considered in most personal injury cases. For example, if a store failed to put out a “wet floor” sign and a customer slipped, a judge may look at the store’s failure to put up a sign but also whether the customer was distracted or not taking due care.

In many cases, both the plaintiff and defendant have some responsibility to bear in an injury. It’s important to make sure that if you’ve been injured the right amount of fault is assigned to be defendant. The more fault is assigned to you, the less compensation you may qualify for. However, even if you contributed to your injuries, you may still qualify for financial recovery.

One important exception to comparative negligence rules in Florida involves car accidents. In the event of a car accident, in most cases your insurance company will pay for your damages and the other party’s insurance will pay for theirs. The exception to this exception is a car accident involving catastrophic injury.

Another exception to be aware of is strict liability. In some cases, where it’s clear there are specific dangers, a court will look at whether the injury happened, rather than whether the injured party played a role. Dog bite injuries, especially those involving children, are often subject to strict liability, for example.

How Will Comparative Negligence Affect My Claim?

Every case is different. When you meet with the legal team at Flaxman Law Group, we investigate what caused your accident so we can determine whether comparative negligence applies and how much of the fault lies with other parties. We find liable parties in your case and take care of all the details so you don’t have to.

If you’ve been injured, reach out to us at 866-352-9626 to schedule a no-cost, no-commitment appointment with a South Florida personal attorney.

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