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What’s the Difference Between Comparative and Contributory Negligence?

man injured in accident

When hurt in an accident, you may think if you played a part in the accident, you are ineligible for compensation. However, this is not true, as the majority of states will allow those who held some responsibility for their accidents to receive compensation for the injuries they sustained. Understanding the difference between comparative and contributory negligence is crucial for those considering filing a lawsuit against the other party involved in the accident. Keep reading to learn more about the difference and how a Broward County personal injury attorney can help you navigate these claims.

What Should I Know About Comparative and Contributory Negligence?

Understanding what comparative and contributory negligence are is essential to determining the compensation you are eligible for if you are found partially responsible for the accident. In most states, even if you are somewhat liable for the injuries you sustain, the party who is more responsible will be required to pay you. This is known as comparative negligence. However, there are some variations to this rule, which include the following:

  • Pure comparative negligence is the amount you receive in your settlement, reduced by your percentage of responsibility
  • Modified comparative negligence, which follows the same rules as pure negligence, with the exception that you cannot receive recovery if your percentage of fault is at or exceeds 50%. In some states, this percentage is raised to 51%.

However, a few states do operate under contributory negligence laws. This means if a plaintiff is found to be even 1% responsible for the injuries they’ve sustained, they will not receive any compensation at all for the injuries they sustained.

What Does Florida Follow?

Floria is a pure comparative negligence state. This means you can receive a settlement amount with your percentage of fault for the accident subtracted. For example, if you were injured in a car crash and found to be 25% liable, you would forfeit 25% of the final settlement. Similarly, if you were found 99% responsible, you could theoretically collect 1% of the damages from the other party.

If I’m Injured, How Can an Attorney Help?

When you’re injured in an accident, ensuring you enlist the assistance of an experienced attorney as soon as possible to receive compensation for the injuries you sustained is crucial. No matter how responsible you were for the car crash, slip-and-fall injury, or other accidents, an attorney can help you get the compensation you are entitled to under Florida’s pure comparative negligence statute.

If you are partially at fault for the accident, you should not hesitate to contact an attorney to discuss the circumstances of your case. The Finizio Law Group understands that accidents happen and are dedicated to helping you receive the compensation you are entitled to. Reach out today to connect with one of our competent attorneys to learn how we can help you.

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