What’s the Difference Between Comparative and Contributory Negligence?

When hurt in an accident, you may think that 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. This understanding is especially critical given that car accidents occur far too often on Florida roads, with recent state traffic reports indicating that a collision occurs roughly every 92 seconds.

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.

Are There Different Types of 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. Under this framework, a plaintiff could theoretically be 99% at fault and still collect 1% of their damages from the other party.
• Modified comparative negligence follows a similar reduction framework, with the crucial exception that you are completely barred from recovery if your percentage of fault reaches or exceeds a specific threshold. In many jurisdictions, this threshold is set at a 50% or 51% fault bar.

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 losses they endured.

What Negligence Standard Does Florida Follow Now?

Under House Bill 837, Florida now officially follows a modified comparative negligence system with a 51% bar for general personal injury and auto accident claims. Essentially, this means you are eligible to recover compensation for injuries, even if you are partially responsible, so long as you are not primarily responsible. As such, if you are found to be 51% or more liable for the accident, you will be barred from recovering any compensation for damages from the other party. This standard differs greatly from the prior, pure comparative negligence statute imposed by the courts, which means any party injured in an accident can recover compensation, regardless of their contribution to the incident.

For example, if you are injured in a collision and the jury awards you $200,000 in damages but finds that you wered 15% responsible for the collision, you are eligible to recover 85% of that award. However, under Florida’s newly adopted modified comparative negligence system, you would be ineligible to recover compensation if you are found to be 51% or more responsible for the accident. In fact, you may owe the other party compensation for damages in these instances.

How Does Car Insurance Work in the State of Florida?

To fully understand your financial recovery options after an accident, it is vital to know how auto insurance operates under state law. Florida is a no-fault accident state, meaning drivers who are involved in an accident are required to file a claim through their own insurance, regardless of fault. This is because drivers in Florida are required to maintain the state minimum coverage through Personal Injury Protection (PIP) insurance, which covers compensation for injuries and damages. As such, your own no-fault insurance will cover a portion of your damages, regardless of who caused the accident.

What Drivers Should Know About PIP Insurance

• PIP insurance is designed to provide victims with immediate compensation for lost medical bills and wages
• The state minimum coverage is $10,000
• Many accidents exceed $10,000 in damages, meaning you may have outstanding expenses as a result of the accident once your policy is utilized

What Happens if My Damages Exceed My PIP Policy?

Unfortunately, many accidents in Florida are often severe, leaving victims with injuries that exceed the $10,000 compensation covered by their PIP policy. As such, if you still have outstanding medical bills, need continued care, or have damage to your vehicle, working with an experienced Broward County personal injury attorney is in your best interest, as they can help you pursue a third-party injury claim to recover the compensation you need.

What is the Florida Personal Injury Statute of Limitations?

Another considerable legal change that victims of personal injuries in Florida should be aware of is the statute of limitations to file a claim against another party for damages. Under Florida Statute § 95.11, the statute of limitations for a general negligence or personal injury claim in the state of Florida is now strictly two years from the date of your accident. This is a considerable reduction from the prior four-year deadline imposed by the state.

It’s critical to understand that failure to file a claim within the two-year statute of limitations will result in being permanently barred from recovering compensation for damages. As such, it’s critical to connect with an experienced personal injury attorney as soon as possible if you have been hurt by another party’s negligence.

If I’m Injured, How Can a Broward County Car Accident Lawyer 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 updated comparative negligence laws.

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 is dedicated to helping you receive the compensation you are entitled to. Our firm has decades of combined experience representing clients from all walks of life, and we are here to put those years of experience to work for you as well. Contact us today to schedule your initial consultation with our team and to learn more about our services and how we can assist you.