The short answer is, yes, Florida is a comparative negligence state when it comes to car accidents. However, the state of Florida has recently undergone a tort reform that has altered the specifics of its comparative negligence law. Read on to discover more about these alterations and how a seasoned Panama City car accident attorney at Manuel & Thompson, PA can help you apply this law to your car accident claim.
Is Florida considered a comparative negligence state?
Up until recently, Florida was a pure comparative negligence state. Meaning, if you were the plaintiff in a car accident claim, you were allowed to claim damages even though you were found to be the majority at fault. For example, if it was determined that you were 99 percent to blame for your accident, you may still seek compensation for the one percent of blame that was not assigned to you.
But now, the state of Florida follows a modified comparative negligence system. With this, as a plaintiff in a car accident claim, you may only claim damages if the defendant is found to be the majority at fault. For instance, if it was ruled that you were 51 percent responsible for your accident, then you cannot bring your claim forward. However, if it was ruled that you were 49 percent responsible, then you may proceed with seeking compensation.
How can I apply this law to my car accident claim?
The key to this modified comparative negligence system is assigning the majority of fault to the defendant. So, for your car accident claim, you must satisfy your burden of proof and collect a sufficient amount of evidence that points to this. Examples of such evidence are as follows:
- A copy of the accident report that was conducted by a law enforcement officer at the scene of your accident.
- Photos and videos of your injuries, car damages, and the overall scene of your accident.
- Security camera footage of your accident playing out.
- Statements made by witnesses who saw your accident play out.
- Statements made by loved ones who have seen how your accident has affected your quality of life.
- Statements made by doctors who have seen how your injuries have affected your quality of life.
- Medical bills that state the cost of your current and future appointments, surgeries, treatments, therapies, medications, medical devices, etc.
Rest assured, one of the competent Panama City auto accident attorneys is able and willing to help you in gathering these pieces of proof. Better yet, we will do everything in our power to help you receive the monetary award that you require to heal from your injuries and damages. So, whenever you are ready, pick up the phone and call Manuel & Thompson, PA.
