Miami Personal Injury Lawyer Blog
A key to winning a personal injury case is proving negligence by the at-fault party, but you should keep in mind that the laws also focus on negligence by the victim. Comparative negligence in Florida means your compensation in a personal injury case is reduced by your percentage of fault. If you are more than 50 percent responsible, you cannot recover damages under Florida’s statute on comparative fault.
Insurance companies will try to highlight negligent acts to justify denying your claim, which is why retaining a Miami personal injury lawyer is crucial to protect your rights. You can also read on for some basics on how comparative fault works.
What is Comparative Negligence in Florida Personal Injury Law?
Florida follows a modified comparative negligence system for personal injury cases. Under this rule, if you’re injured in an accident in Florida, your compensation may be reduced if you’re found to share some blame. As of 2023, if you are more than 50 percent at fault, you cannot recover damages. This standard is critical, as it can directly affect your right to recover compensation for your injuries.
How Comparative Negligence Affects Compensation
In a Miami personal injury case, the amount of compensation you receive depends on your percentage of fault. For example, if a jury awards $100,000 but finds you 30 percent responsible, you will only receive $70,000. Insurance companies use this rule to reduce payouts, even in seemingly clear-cut cases. It is important to gather evidence and challenge unfair fault assessments, which help ensure your compensation is not unfairly reduced due to shared negligence.
Common Accidents Involving Comparative Negligence in Miami
Many Miami personal injury claims involve shared fault between the injured party and another person or entity. This includes:
- Car accidents where both drivers were speeding
- Bicycle crashes where helmets were not worn
- Slip and falls where warning signs were partially visible
Even in these situations, Florida law still allows injured victims to recover damages—as long as they are not more than 50 percent at fault.
How Miami Personal Injury Lawyers Prove Fault and Minimize Your Liability
A skilled Miami personal injury lawyer will carefully analyze evidence to show that the other party bears the majority of fault, including:
- Police reports
- Video footage
- Eyewitness statements
- Expert testimony
Attorneys may also challenge the accuracy of accident reconstructions or witness claims used by insurance companies. By building a strong case, your lawyer can minimize your liability percentage, improving your chances of a full financial recovery.
Contact a Miami Personal Injury Attorney for More Information
Comparative fault is just one challenge you may face during the complicated legal process after an accident. Note that Florida law imposes a statute of limitations on personal injury claims, which means you have a limited time to pursue the compensation you deserve. The legal team at Gerson & Schwartz, PA, is ready to review your case and help protect your rights. You can visit us online or call (305) 371-6000 to schedule a free consultation today at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
