Comparative Negligence in Personal Injury Cases: How Does it Work?

Accidents happen in an instant, but determining fault is often much more complicated. In personal injury cases, fault is not always clear-cut. Sometimes, multiple parties share responsibility for an accident, which is where comparative negligence comes into play. Comparative negligence is a legal principle that allows courts to assign a percentage of fault to each party involved in an accident. This means even if you were partially responsible for your injuries, you may still be able to recover damages—though the amount you receive will be reduced based on your level of fault.

If you are dealing with a personal injury claim, understanding how comparative negligence applies to your case can make a difference in the compensation you may be able to recover. At The Law Offices of Scott Sobol, we help injury victims navigate Florida’s legal system and fight to recover the maximum compensation possible. If you are unsure whether comparative negligence affects your case, we can assess the details and help you determine the best course of action.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used in personal injury cases to determine how damages should be awarded when multiple parties share responsibility for an accident. Instead of requiring one party to bear the entire financial burden, comparative negligence assigns a percentage of fault to each party involved. This percentage then determines how much compensation each party can recover.

There are two primary types of comparative negligence: pure comparative negligence and modified comparative negligence. Under pure comparative negligence, an injured party can recover damages even if they are 99% at fault for the accident, though their compensation will be reduced by their percentage of fault. Modified comparative negligence, on the other hand, imposes a threshold—usually 50% or 51%—meaning if an injured party is more at fault than the other party, they cannot recover damages.

Florida follows a modified comparative negligence system with a 50% bar rule. This means if you are found to be 50% or more responsible for your injuries, you cannot recover compensation. However, if you are 49% or less at fault, you may still be able to recover damages, though your recovery will be reduced based on your assigned percentage of fault.

How Courts Determine Fault in Comparative Negligence Cases

Determining fault in a personal injury case requires a thorough examination of evidence. Courts consider various factors, including witness statements, accident reports, medical records, and expert testimony, to establish the role each party played in the accident. In many cases, insurance companies will also conduct their own investigations to assign fault percentages.

For example, in a car accident case where one driver ran a red light, but the other was speeding, both parties may share some level of responsibility. If the court determines the driver who ran the red light was 70% at fault while the speeding driver was 30% at fault, the speeding driver’s total compensation will be reduced by 30%.

Comparative negligence can also apply in premises liability cases. If someone slips and falls in a store but is looking at their phone instead of paying attention to their surroundings, the court may determine they were partially responsible for their own injuries. The store could still be held liable for failing to fix a hazardous condition, but the injured person’s compensation may be reduced based on their own level of negligence.

How Comparative Negligence Affects Your Compensation

Understanding how comparative negligence impacts your compensation is crucial when pursuing a personal injury claim. The percentage of fault assigned to you directly reduces the amount of money you can recover from the other party. If you are 20% at fault and your damages total $100,000, you will only be eligible to receive $80,000.

This reduction in compensation can significantly affect your ability to cover medical bills, lost wages, and other accident-related expenses. Because insurance companies often try to shift as much blame as possible onto injury victims to minimize payouts, it is important to have strong legal representation to push back against unfair fault assignments.

Comparative negligence also plays a role in settlement negotiations. Insurance adjusters consider fault percentages when calculating settlement offers, and they may try to argue you bear a higher degree of fault than you actually do. Having legal representation ensures your rights are protected and that you do not accept a settlement that unfairly reduces your compensation.

How Can The Law Offices of Scott Sobol Help You?

Dealing with a personal injury case involving comparative negligence can be complex, but we are here to help. At The Law Offices of Scott Sobol, we analyze every detail of your case, gather evidence to minimize your assigned fault percentage and advocate for the maximum compensation available. Whether your case involves a car accident, slip and fall, or another type of injury, we know how to challenge unfair fault allocations and negotiate effectively with insurance companies.

Our team has extensive experience handling personal injury claims throughout Florida, and we understand how to navigate the state’s modified comparative negligence system. If you are concerned about how your percentage of fault may affect your case, we can provide the guidance and support you need. Contact us today at (954) 440-2000 or fill out our contact form to schedule a free consultation.