How does comparative negligence work in Florida?

In a personal injury lawsuit, a person whose negligence caused an injury is held liable for the damages. In some cases, both the plaintiff and defendant are negligent to some degree. Comparative negligence is used to determine how much each party is at fault. This calculation is then used to award damages.

Florida adheres to a pure comparative negligence system. In this system, the plaintiff can still recover some damages even if he or she had some degree of fault in the accident. The plaintiff can recover the amount of damages minus the portion for which he or she was at fault. For example, if the defendant was 80 percent at fault, the plaintiff could be compensated for 80 percent of the damages that occurred.

The determination of comparative negligence can be complex, so it is important to have a skilled personal injury attorney to represent you.

If you believe you have a personal injury claim, please call Joyce & Reyes for a free consultation.

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