Florida enforces comparative negligence laws, which determines the amount of compensation someone can claim in a personal injury case.
Florida’s new negligence law, House Bill (HB) 837, makes changes to the state’s tort laws. Before this law, Florida was a pure comparative negligence state. Now it is a modified comparative negligence state. This means that the plaintiff’s share of fault for the car accident must be below 51%. An individual that is more than 50% responsible for causing their own injuries will not be able to get compensation for their losses. An individual who is less than 50% responsible will be able to get compensation.
However, the plaintiff’s compensation may be at a reduced rate depending on their share of fault. For example, if someone’s share of fault is 5%, their final compensation will be 5% less. Plaintiffs found to be partially at fault for a car accident won’t receive full compensation. Plaintiffs can only earn full compensation if they have no share of fault.
Personal injury cases are complex. It’s best to contact a personal injury attorney to handle your personal injury claim and comparative negligence cases. At Sunshine State Law Firm, we have experienced attorneys that will help you get the compensation you deserve!
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