Miami Personal Injury Lawyer Blog
Injured victims in Florida have access to legal remedies, so you can pursue a claim against the at-fault party for your losses after an accident. However, it is important to keep in mind Florida’s comparative fault law. This statute may affect the amount of damages in your case, or it can even bar your claim entirely.
With help from a Miami personal injury attorney, you counter the implications of this comparative fault statute. Some background will help you understand how it works.
Modified Comparative Negligence in Florida Accident Claims
Lawmakers recently enacted a modified comparative negligence system, which directly impacts damages in the state. Under this framework, the total compensation you receive is reduced by your specific percentage of responsibility. For instance, if a jury determines you were 20 percent responsible for a traffic collision, your final settlement decreases by that amount.
Can You Recover Compensation if You Were Partially to Blame?
Many accident victims mistakenly believe that any level of fault automatically disqualifies them from seeking legal recovery. Fortunately, Florida law still allows for financial recovery even if you contributed to the incident. Depending on the circumstances, you can pursue damages for:
- Medical bills
- Lost wages
- Pain and suffering
To protect their bottom line, insurers will aggressively attempt to inflate your level of liability. They pay less if they can pin the blame on you, so it is critical to counter these efforts with a strong legal strategy.
The 51% Bar Rule: Why the Percentage of Fault Matters
The most critical aspect of the current law is the 51% Bar Rule, a strict threshold for all personal injury plaintiffs. In Florida, if you are found to be more than half responsible for your injuries, you are legally prohibited from recovering any compensation from other parties.
This tipping point creates a high-stakes environment during settlement negotiations. Because reaching a 51% fault rating ends your claim entirely, proving the other party’s negligence AND minimizing your own are the most essential tasks.
Examples of Comparative Fault in South Florida Personal Injury Cases
Comparative negligence appears in various local scenarios, such as:
- A driver is speeding but is hit by someone who ran a red light
- A shopper ignores a Wet Floor sign in a grocery store before falling
- A guest at a theme park enters a restricted space and is crushed by construction equipment
In these cases, a jury might assign partial fault to the victim, so both parties share liability. Precise evidence like surveillance footage and witness testimony becomes the deciding factor.
A Miami Personal Injury Lawyer Fights for Fair Settlement in Accident Cases
As you can see, comparative fault laws in Florida can have a profound impact on your damages. A higher percentage of fault can jeopardize your entire recovery, so securing skilled representation is essential.
Gerson & Schwartz, PA, possesses over five decades of experience managing these complex liability standards. Please contact us today at (305) 371-6000 to schedule a free consultation. Our attorneys are happy to meet at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
