How Florida’s comparative negligence law affects you.


Javier A. Finlay

8/29/20211 min read

If you or a loved one has been injured in a motor vehicle accident, then you have a tough road ahead of you. The physical and emotional pain of the injuries suffered can be excruciating and overwhelming, and the financial realities of your situation can be daunting to say the least. That’s why it might be in your or your loved one’s best interests to pursue a personal injury lawsuit. While this certainly means gathering the evidence and developing the legal arguments that are necessary to impose liability, it will probably also mean defending your or your loved one’s driving.

Florida’s comparative negligence law

Under Florida law, comparative negligence applies to personal injury claims. This means that the judge or jury will look at the facts presented and determine how best to allocate fault. The fault doesn’t have to be placed with just one party. Instead, the judge or jury can divide the fault as it sees fit. This means that you, as the plaintiff, could end up bearing some of the fault burden.

What does this mean for you? It means that you’ll likely have to play some defense when you’re presenting your personal injury claim. You’ll probably have to face allegations that you were driving in an errant fashion, such as by speeding or driving too closely. If the defense is successful in arguing these points, then your recovery may be reduced by the percentage of fault allocated to you. Therefore, if you’re awarded $100,000 but are found to be 40% at fault for the accident, then you’ll only recover $60,000. That can drastically reduce your ability to recover from your injuries.

Take a holistic approach to your personal injury claim

To maximize your chances of obtaining the outcome you want from your personal injury case, you need to take a holistic approach and be thorough in developing both offensive and defensive arguments. So, take the time needed to adequately prepare your case so that you can set yourself on the road to success.