Does Florida Observe Comparative Negligence?

judge gavel

Recently, sweeping tort reform was passed here in the state of Florida. Notably, the statute of limitations for personal injury claims in Florida was reduced from four years to two, meaning now, those injured in the state of Florida will only have two years from the date of their accident to sue. Another significant change, however, was a change to Florida’s comparative negligence system. Please continue reading and reach out to a seasoned Jacksonville personal injury lawyer from Ansbacher Law to learn more about the recent change to comparative negligence and what it may mean for you and your case. Here are some of the questions you may have:

How did Florida change its comparative negligence system?

Previously, Florida recognized “pure comparative negligence.” Simply put, this means that a person could recover compensation even if they were mostly at fault for an accident, albeit reduced by the proportion of fault attributed to them. However, Florida now observes what’s known as “modified comparative negligence.” This means that accident victims may only recover compensation for an injury if they are less than 50% at fault. So, for example, if you’re deemed 20% responsible for an accident, you may receive 80% of the compensation to which you would have been entitled, had the other party been 100% at fault.

What should I do to increase my chances of recovering compensation in a personal injury claim?

To increase your chances of winning the full and fair compensation to which you are entitled, you should do what you can to document the facts of your accident. This can include taking the following steps:

  1. Call the police.
  2. Ask witnesses for their contact information.
  3. Take pictures of the scene of the accident, as well as any damage caused by the accident.
  4. Seek medical assistance and keep copies of all medical documentation and bills associated with your injury.
  5. Retain the services of a competent Jacksonville personal injury attorney who can help gather and present all other evidence needed to satisfy the burden of proof in your personal injury claim.

If you have any additional questions about the injury claims process or you believe you have a valid personal injury claim, simply contact Ansbacher Law today so we can get started working on your case. We are here to fight for you, every step of the way.