When it comes to personal injury claims, it's easy to imagine negligence
occurring black-and-white terms: one party is at fault and another party
is owed money for their injury. Many times this is the case, but in instances
where assigning fault is more nuanced or complex, Florida uses something
called a comparative fault law to resolve an injury claim.
What Is Comparative Fault?
Comparative fault law allows Florida courts to assign fault to multiple
parties in an injury claim. This is appropriate when there are numerous
contributors to an accident and no single party deserves 100 percent of
After reviewing all the facts in a case, the court will then assign the
involved parties a percentage of fault. Sometimes these percentages are
spread across numerous defendants and sometimes a percentage is assigned
to the plaintiff (the injured party) themselves. When this happens, the
awarded compensation is then reduced by that percentage of fault.
How It Works
To better understand how comparative fault works, let's look at a simple
example of two drivers who collided at an intersection. Driver A went
through a red light, but Driver B was also going 25 miles over the speed
limit when the accident occurred. Driver B has filed suit for $100,000
After reviewing the case, the court determined that:
- Driver A is 90 percent at fault due to ignoring a stop sign
- Driver B is 10 percent at fault due to driving over the speed limit
Driver B wins the case, but the $100,000 will now be reduced by the 10
percent fault. They will now receive $90,000 for their medical bills,
lost wages, and other damages.
If you have been hurt in an accident that you believe you share some responsibility
for, you can still pursue compensation. At
Lauri J. Goldstein & Associates, PLLC, our dedicated team of Martin County personal injury lawyers has recovered
millions of dollars in relief for our clients and knows what it takes
to pursue maximum compensation for injury victims.
Call 866-675-4427 to speak with our advocates today.