Comparative negligence and your personal injury claim
I often get asked whether a person can still have a claim if they are partly at fault in an accident. The answer is yes.
This is because Florida is a "comparative negligence" state, which means that a judge or a jury will compare the negligence between the plaintiff and defendant in a personal injury lawsuit and reduce the amount of damages by the degree to which the plaintiff is responsible for his or her injuries.
This is usually expressed as a percentage. So if the award of damages is $100,000, as an example, and the jury finds the plaintiff to be 10% at fault, then the award would be reduced to $90,000. So you can still have a claim for personal injury if the accident is partly your fault, though a judge or jury may reduce the amount you are entitled to, depending on the degree to which you may have been negligent.
To speak to an attorney about your claim, call us today at (941) 234-1432.