In the realm of personal injury law, determining fault is a pivotal aspect of any case. However, not all accidents are black and white, and sometimes multiple parties share responsibility to varying degrees. This is where the legal doctrine of comparative negligence comes into play. In the state of Florida, comparative negligence operates under a unique principle known as “pure comparative negligence.” In this article, we’ll delve into the concept of pure comparative negligence, what it entails, and how it influences personal injury cases in the Sunshine State.
Understanding Pure Comparative Negligence
Pure comparative negligence is a legal doctrine that’s embraced by some states, including Florida, to address the complexities of personal injury cases where multiple parties share fault. Unlike other comparative negligence systems, Florida’s approach is characterized by its purity – here, an injured party can seek compensation even if they bear a significant portion of the blame for an accident. This means that even if a plaintiff is found to be 99% at fault for an accident, they can still seek damages for the remaining 1%. This is a crucial distinction from other comparative negligence systems, which may bar recovery if the injured party’s fault exceeds a certain threshold.
How Pure Comparative Negligence Works in Florida
The doctrine of pure comparative negligence is a complex legal concept. However, it can be broken down into three basic steps:
- Determining fault. The first step in a personal injury lawsuit is to determine the degree of fault for each party involved in the accident. This is done by the judge or jury, who will consider all of the evidence presented in the case.
- Calculating damages. Once the degree of fault has been determined, the next step is to calculate the damages that each party is entitled to. Damages can include medical expenses, lost wages, pain and suffering, and other losses.
- Adjusting damages. The final step is to adjust the damages awarded to each party based on their degree of fault. For example, if a plaintiff is found to be 50% at fault for an accident and the defendant is found to be 50% at fault, then each party will be awarded half of their damages.
Impact on Compensation
The critical implication of pure comparative negligence is its effect on the compensation awarded to the injured party. In a personal injury case, the damages awarded to the plaintiff are adjusted based on their degree of fault.
Example of Pure Comparative Negligence:
Let’s take a look at an example of how pure comparative negligence works in Florida.
Suppose that a pedestrian is crossing the street when they are hit by a car. The pedestrian is injured and sues the driver of the car. The judge or jury finds that the pedestrian was 50% at fault for the accident and the driver was 50% at fault. The pedestrian’s damages total $100,000.
Under the doctrine of pure comparative negligence, the pedestrian would be awarded $50,000 in damages. This is because the pedestrian’s damages are reduced by their percentage of fault.
The Uniqueness of Pure Comparative Negligence
Florida’s adoption of pure comparative negligence is distinctive compared to other states that have modified comparative negligence systems. In those states, if the injured party’s degree of fault surpasses a certain threshold, often set at 50%, they are barred from seeking compensation. However, in Florida, there’s no such threshold.
The Importance of Legal Representation
Navigating the intricacies of pure comparative negligence can be challenging, as it involves legal assessments of fault and complex calculations of compensation. This is why it’s crucial to have an experienced personal injury attorney by your side. They can advocate for your rights, ensure a fair assessment of fault, and maximize your compensation within the framework of pure comparative negligence. The Sarasota personal injury attorney at Shapiro | Delgado | Hofmann states to find a local attorney who has the time to sit and discuss your case with you and who makes you feel heard and secure. Your comfort is paramount in developing a positive working relationship with your personal injury lawyer.
Florida’s Unique System
Florida’s adoption of pure comparative negligence sets it apart in the realm of personal injury law, allowing injured parties to seek compensation even when they share a significant portion of the fault for an accident. Understanding how this doctrine operates is vital for anyone involved in a personal injury case in the Sunshine State, as it directly impacts the outcome of such cases and the compensation awarded to those who have suffered harm. This nuanced approach to negligence law underscores the importance of seeking legal guidance from seasoned professionals in the field.