Articles Tagged with comparative fault

One of the key concepts in a Florida accident claim is negligence, in which the actions of the at-fault party are evaluated to determine if they breach the duty to exercise reasonable care. Negligence is also a factor when reviewing the victim’s conduct. When they are also negligent, victims may lose out on a percentage of their compensation. Under current law on comparative fault, a person’s monetary damages are reduced if their actions contribute to the incident. However, under a new bill under consideration by Florida lawmakers, there is a possibility that you might be prohibited from obtaining any compensation at all. 

The measure has a long way to go before it becomes a law, but it is important to understand how it works. A look at the proposed changes can also help you grasp what the existing statute says about monetary damages in accident cases. You can trust a Miami personal injury lawyer to provide personalized advice, but some background is useful.

Current Law on Comparative Fault

When happy hour extends well into the evening, you know that it is a huge mistake to get behind the wheel while intoxicated. What you may not realize is how being drunk can impact your rights in an accident, even when you were not driving. Under basic personal injury laws, individuals and entities can be held liable for harm caused by negligent conduct. However, the state comparative fault statute also takes into account the victim’s misconduct. If you were hurt by someone else’s negligence, your compensation might be reduced by the amount of fault attributable to you. 

Therefore, you might expect to lose out on a portion of your monetary damages if you were hurt because of your own negligent acts. Unfortunately, another statute may apply to completely bar compensation for victims who were drunk when injured. A Miami personal injury attorney may be able to help overcome the impact of this law, but you should understand how it works.

Florida’s Alcohol or Drug Defense Statute

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
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