How is negligence determined in Florida and how does the pure comparative formula affect my personal injury case?
After a car accident in Florida, negligence is determined when insurance companies investigate each party’s degree of fault, or in a court of law if the claim goes to trial. Under Florida’s law of comparative negligence, the victim’s compensation will be reduced by their own percentage of fault. So in essence, Florida law could reduce the total amount of damages you are awarded in a personal injury case. For example, if you were injured in a car accident in Clearwater when another vehicle failed to stop at a stop sign, but you were speeding at the time of the crash, then it may be determined that you were 25% at fault for the accident. In this case, your compensation would be reduced by a total of 25%. So if after this car accident in Clearwater, a jury awards you $50,000, then you would actually receive $37,500 in compensation ($50,000-25%). Your compensation may also be limited by Florida’s joint and several liability rules which sets caps on economic damages based on your and the de
