The Law Offices of Scott Sobol

How Can Comparative Negligence Affect Your Florida Personal Injury Case?

Whether you get into a car accident, slip and fall on someone’s property, or experience medical malpractice, rarely is one party entirely at fault. For example, if someone sideswipes your car, but you veered slightly into their lane of traffic, you may share a portion of responsibility for the accident. However, this does not mean you can’t receive compensation for the other driver’s negligence. Florida uses a pure comparative negligence system to assign fault and award damages to all parties involved.

Our knowledgeable lawyers at the Law Offices of Scott Sobol understand that Florida laws and the personal injury claim process can be complicated, so we are here to guide you every step of the way. With years of experience working on all types of personal injury claims, you can rely on us to handle every aspect of your claim while you focus on recovery. Our attentive team also communicates clearly and concisely to help you understand how comparative negligence can impact your claim.

What Is Comparative Negligence and How Could It Impact Your Florida Personal Injury Claim?

According to Florida Statutes Title XLV Sec. 768.81, pure comparative negligence is a system that assigns each party involved in an accident a percentage of the fault. This percentage gets deducted from each party’s damages. This law could impact your claim in the following ways:


While you may assume you cannot receive compensation if you were partially at fault for an accident, comparative negligence still allows you to collect damages. The system assigns you and other parties involved a fault percentage instead of choosing one person to take all the blame. This comparative system may benefit your claim if you were partially at fault, but it could negatively impact your compensation if insurance companies try to assign you an unfair fault percentage.

We understand the tactics insurance companies often use to make you look more at fault for the accident and give you an unfair settlement. Therefore, we fight tirelessly to build a strong claim and advocate for an accurate fault percentage, so you can receive the compensation you deserve.


Comparative negligence can also affect your compensation because your fault percentage gets deducted from your final settlement. For example, if your claim is worth $100,000 and you are found 30% at fault for the accident, you will receive $70,000. Just like insurance companies may try to assign you an unfair fault percentage, they may also attempt to pay you less than what you deserve.

Our dedicated lawyers can help you gather and organize evidence like medical records, video surveillance footage, witness testimony, and police reports to accurately calculate your claim’s worth and prove the damages you suffered due to someone else’s negligence. Depending on the details of your accident, you may recover the following costs after comparative negligence is implemented:

  • Current and future medical bills
  • Pain and suffering
  • Property damage
  • Rehabilitation and physical therapy
  • Lost wages from missed work
  • Mental anguish
  • Reduced quality of life
  • Loss of earning capacity
  • Prescribed medications

Every personal injury claim is unique, so comparative negligence impacts each one differently. We can help you determine how the law will affect your case and the steps to take to achieve a successful outcome.

Consult a Trusted Florida Personal Injury Lawyer at the Law Offices of Scott Sobol

If you have suffered injuries due to another person’s negligence, you may be entitled to financial compensation for your losses. However, the amount you receive depends on your percentage of fault according to Florida’s comparative negligence system. Our skilled lawyers at the Law Offices of Scott Sobol understand how these laws can affect your claim and what we have to do to achieve a fair settlement.

We have proudly provided top-tier legal services to Florida personal injury victims for 20 years. This experience has given us vast knowledge of Florida law, including comparative negligence. We consider these laws and your unique needs when curating your customized legal plan. Regardless of the size and scope of your case, we have the skills and knowledge to take on all types of personal injury claims. To schedule a free consultation, fill out our contact form or call (954) 440-2000.

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