Some states still apply the comparative negligence rule. Florida is one of the states that put to use comparative negligence in an accident. Comparative negligence is known as a partial defense that reduces the number of damages that a plaintiff can recover in a negligence case. Negligence is the results of an unintentional tort. The use of the comparative negligence rule is used to recover monetary compensation necessary to award a plaintiff.
There are two main types of comparative cases modified and pure negligence. An at-fault party may be liable to pay a percentage, partial, or full amount based on the negligence that contributed to the injuries. A jury or judge will decide what percentage of compensation owed to each party based on his and her injuries. Once the amount of injury is determined, each party’s damages are split to each responsible party. For example, in a partial or modified comparative negligence case, a plaintiff’s negligence can not exceed a certain amount. Whereas, in a full or pure comparative negligence case even when at fault one is still able to recover damages. Compensation is distributed based on liability and how much each person in an accident would be responsible to pay.
Any time you’re involved in an accident, proving who is at fault whether its a car accident, motorcycle accident or a truck accident can be one of the most difficult things to determine. The purpose of a comparative negligence case is to determine which at fault party is responsible for injuries and how compensation of each party in an accident would be responsible to pay. If you or you’re loved have been a victim of an accident and believe you’re entitled to compensation we want to help you. Our legal team at Darfoor Law Firm has the experience to assist you with your case. Give us a call at 1-833-DARFOOR (327-3667) to discuss your case.