What Is Comparative Negligence?
Comparative negligence comes into play when both parties are found to be somewhat at fault. Florida adopted this idea of comparative negligence standard in 1973 after understanding that most accidents are not exactly black and white. In the event that the courts find a plaintiff 20% at fault and the defendant 80% at fault, the plaintiff will then pay for 20% of the defendants damages while the defendant will be responsible for 80% of the plaintiffs damages. The purpose of comparative negligence is so each party contributes fairly to their portion of the others damages. Although this may seem confusing it is important to understand this concept as it will directly affect compensation for damages. That is why it is always recommended that you speak to a Miami personal injury lawyer like our team at Peregonza The Attorneys after an accident or injury. Often times, accidents will occur from the contributed negligence of multiple parties and this affects the overall damages and allocation of compensation. This is more likely than not to prevent either party for being responsible for covering all damages when they were not the only party at fault.
What Is Contributory Negligence?
While comparative negligence is essentially aimed to be the most fair and just form of negligence by making each party responsible for their portion of the damages, contributory is quite grim. States who have adopted pure contributory negligence affirm that if the victim of an accident is found even 1% at fault they are responsible for covering their own damages and are unable to recover any compensation. For example, in a contributory negligence state if your car has brake lights that are not functioning and you get rear ended by another vehicle that was speeding you would not be able to recover any compensation. Many states find that this form of negligence to be very harsh and for that reason many states like Florida have converted to comparative negligence.
Can I Still Receive Compensation if I’m at Fault?
Here at PereGonza we always tell our clients not to be discouraged simply because they are at fault. Despite popular belief you may still be eligible for compensation while being a percentage at fault. As we have mentioned, as of 1973 the state of Florida as comparative negligence which gives you the ability to receive compensation despite being at fault. This system may allow for a fair assignment of compensation. At PereGonza, The Attorneys our experienced Miami personal injury lawyers will make sure that even if you are partially at fault in an accident you are properly represented and our team will do their best to fight so that you may receive the compensation you deserve. If you were found at fault in an accident do not waste any more time and schedule a free consultation with our team of Miami Personal Injury lawyers to see if you qualify to receive compensation.