Key Things To Know About Comparative Negligence Changes

If you’ve been injured in a Florida accident, understanding how negligence is determined is essential to knowing your rights and potential compensation. Florida follows a comparative negligence system, but significant changes were made to the law that could impact the outcome of your personal injury case. A skilled Orlando personal injury attorney who is familiar with these legal changes can advocate for your rights.

What Changed?

Comparative negligence refers to the legal principle that allocates fault among all parties involved in an accident. In a personal injury case, the amount of compensation you’re eligible to receive depends on your level of fault for the accident. Prior times, Florida followed a pure comparative negligence system. What this meant was that even if you were found to be 99% at fault for an accident, you could still recover 1% of the damages.

But now, Florida’s comparative negligence system underwent a major overhaul. The state moved from a pure comparative negligence system to a modified comparative negligence system. This change places new limits on how much compensation an injured party can recover based on their percentage of fault.

Under the new system, if you are more than 50% at fault for an accident, you are not able to recover any compensation. So, if it’s determined that you bear the majority of responsibility for the accident, damage compensation will not be in reach. If you are 50% or less at fault, recovering compensation will still be an option but your award will be reduced.

Why Does the Legal Shift Matter?

The shift from pure comparative negligence to modified comparative negligence has a significant impact on many individual’s compensation pursuits. Also, in some situations it could lead to insurers arguing that a person is more than 50% responsible for an accident in order to avoid paying out compensation.

For example, suppose you were involved in a car accident and were found to be 51% at fault. Under the new law, you would not be entitled to recover any damages, no matter how significant your financial losses. On the other hand, if you were found to be 49% at fault, you would still be able to recover compensation, though the amount you have access to would be reduced by 49%.

Seasoned Orlando personal injury attorneys know how to gather evidence, consult with experts, and build a strong case to ensure that fault is allocated fairly. Your lawyer will fight to reduce your percentage of fault and maximize the compensation you receive, whether through a settlement or in court.

Could the changes impact your quest for compensation? With the introduction of the 50% fault bar, it’s more important than ever to have a legal expert on your side who understands these legal changes and can advocate for your rights. After a vehicular accident, consult with the lawyers at Israoui Law to protect your claim and secure the compensation you deserve. Call 407-381-4529 for the personal attention you deserve. Always speak to an experienced accident lawyer before speaking to any insurance company.